IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 18TH DAY OF JANUARY 2018 BEFORE THE HON’ BLE MRS. JUSTICE K. S. MUDAGAL WRIT PETITION NO.107262/2017 (GM-RES) BETWEEN:
VEERAWWA BASAPPA HUMBI AGE: 33 YEARS, OCC: STUDENT, R/O: CHICKENKOPPA, TQ: YELBURGA, DIST: KOPPAL-583232.
... PETITIONER (BY SRI. SHRIKANT T PATIL, ADV.) AND 1. THE DIRECTOR KARNATAKA NURSING COUNCIL 71, NIGHTINGALE TOWERS, A STREET, 6TH CROSS, A.R. EXTENSION NEAR MOVIE LAND THEATER, GANDHINAGAR, BENGALURU, BENGALURU CITY-560009.
2. THE PROJECT DIRECTOR (RCH)/ DEPUTY DIRECTOR (ANMTC) KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT, DIRECTORATE OF HEALTH & FAMILY WELFARE SERVICES, ANANDA RAO CIRCLE, BENGALURU, BENGALURU CITY-560009.
3. THE PRINCIPAL PRIYADARSHINI EDUCATION SOCIETY, SENIOR WOMEN HEALTH ASSISTANT TRAINING CENTRE, NANDIKESHWARA, KALSAPUR ROAD, GADAG, GADAG-582101.
4. DIRECTOR HEALTH AND FAMILY WELFARE DEPARTMENT, MAGADI ROAD, BENGALURU-560023.
5. THE COMMISSIONER HEALTH AND FAMILY WELFARE DEPARTMENT, ANANDRAO CIRCLE, BENGALURU-560009.
... RESPONDENTS (BY SRI. RAVI. V.HOSMANI, AGA FOR R1,R2,R4 & R5, R3 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO i) QUASH THE ORDER PASSED BY THE RESPONDENT NO.3 DATED:04.05.2017 BEARING REF.NO.0850/2017-18 VIDE ANNEXURE-F.
ii) DIRECT THE RESPONDENTS SPECIFICALLY RESPONDENT NO.1 AND 3 TO PROVIDE THE ORIGINAL MARK SHEETS OF 1ST YEAR 2ND YEARS OF PETITIONER AND COURSE COMPLETION CERTIFICATE OF AUXILIARY MIDWIFE COURSE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING –B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard.
2. The petitioner was admitted in third respondent college for two years Auxiliary Midwife Course. It appears that the petitioner did not fair well in her academics and she was not permitted to take up the supplementary examination by the respondents. Therefore, W.P.No. 106383/2014, W.P.Nos.111496-500/2014 were filed against the respondents seeking permission to take supplementary exams etc.
3. The said writ petitions were disposed of vide Orders Annexures-A and C respectively. By virtue of the said orders, the petitioner appeared for the examinations and results were also announced. However, the petitioner’ s original marks sheet and course completion certificate were not issued to her. Therefore she filed Writ Petition No.103956/2016 (EDN EX) for mandamus against the respondents for issuance of the same.
4. This court in the writ petition vide Order Annexure-E dated 17/2/2017 directed the respondents to consider the representation of the petitioner. Thereafter, respondent No. 3 has issued endorsement Annexure-F dated 4/5/2017. In Annexure-F, it is stated that the petitioner has committed default in payment of training fees, vehicle fees and boarding fees and she can collect the marks sheet and the course completion certificate on remittance of the same.
5. The petitioner has replied Annexure-F under Annexure-G dated 9/5/2017 whereunder she has denied the default in payment of any fees.
6. Sri Shrikant T.Patil, the learned counsel for the petitioner contends that the petitioner is not due to pay any fees and to bring her to terms for payment of capitation fees, the documents are not being issued. He further contends that the third respondent is violating Annexure-E the Order of this Court in W.P.No. 103956/2016.
7. Sri Ravi V. Hosmani, the learned AGA representing respondent Nos.1, 2, 4 and 5 submits that the said respondents have already forwarded the concerned records of the petitioner to the third respondent and there is no lapse on the part of respondent Nos. 1,2 4 and 5.
8. The third respondent does not appear before the court and produce any records to demonstrate that the petitioner owes any fees to the college. The orders in earlier writ petitions indicate that no such contention of default in payment of fee was raised by the third respondent. Even otherwise, if any amount is due to the third respondent from the petitioner, they can initiate legal proceeding for recovery of dues. On that ground, they cannot withhold the marks sheet and course completion certificate.
9. Having regard to these facts, the petition deserves to be allowed as against the 3rd respondent. The impugned endorsement Annexure-F dated 4/5/2017 issued by the third respondent is hereby quashed. The third respondent is hereby directed to furnish the original marks sheet of the first and second year Auxiliary Midwife Course of the petitioner and her course completion certificate within four weeks from the date of the receipt of the copy of this order. Registry is directed to forward the copy of this Order to the third respondent forthwith.
In view of disposal of the writ petition IA 1/2017 does not survive and disposed of accordingly.
Vmb Sd/- JUDGE