IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 29TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B.M.SHYAM PRASAD WRIT PETITION NOS.32759-760 OF 2015(EDN.MED-ADM) BETWEEN :
1. YENEPOYA UNIVERSITY, PO, NITHYANANDA NAGAR, DERALAKATEE, MANGALORE – 575 018. REPRESENTED BY ITS REGISTRAR, DR.C.V. RAGUVEER, SON OF C.K.VASUDEV RAO, AGED 64 YEARS, R/O.MANGALORE.
2. YENEPOYA MEDICAL COLLEGE, PO, NITHYANANDA NAGAR, DERALAKATEE, MANGALORE – 575 018. REPRESENTED BY REGISTRAR OF YENEPOYA UNIVERSITY, DR.C.V. RAGUVEER, SON OF C.K.VASUDEV RAO, AGED 64 YEARS, R/O.MANGALORE. …PETITIONERS (BY SRI.SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI.ABHISHEK MALIPATIL, ADVOCATE) AND :
1. STATE OF KARNATAKA, DEPARTMENT OF MEDICAL EDUCATION, VIDHANA SOUDHA, BENGALURU – 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, ANANDA RAO CIRCLE, BENGALURU – 560 009. …RESPONDENTS (BY SRI.SANDESH J. CHOUTA, ADDITIONAL ADVOCATE GENERAL, ALONG WITH SRI.LAXMINARAYAN, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 AND R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TODECLARE THAT THE MEMORANDUM OF UNDERSTANDING DATED 17.05.2007 VIDE ANNEXURE – C IS ILLEGAL AND VIOLATIVE OF THE FUNDAMENTAL RIGHTS OF THE PETITIONER UNIVERSITY UNDER ARTICLE 14, 15(5), ARTICLE 29 AND 30 OF THE CONSTITUTION OF INDIA AND DOES NOT CONSTITUTE A CONSENSUAL AGREEMENT OR CREATES ANY ENFORCEABLE RIGHTS AGAINST THE PETITIONER.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER In view of the memo dated 23.1.2019, petitions are dismissed as withdrawn.
SD/- SD/-
JUDGE JUDGE SPS