-1-
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.4019 OF 2023 (EDN-RES)
C/W
WRIT PETITION NO.2244 OF 2023 (EDN-RES)
WRIT PETITION NO.5027 OF 2023 (EDN-RES)
IN W.P.NO.4019 OF 2023
BETWEEN:
1. MS BINDUSHREE J
D/O SMT JAYALAKSHMI S
24 YEARS (01.09.1998)
NO.314, B BLOCK, SV's PRISTINA APARTMENT,
24TH MAIN, 18TH CROSS,
A R LAYOUT, J P NAGAR, 6TH PHASE,
BANGALORE-560078
Digitally signed
by MADHURI S
2. MR ADHYATHMA
Location: High
Court of S/O MR D RAJESHEKARAN
Karnataka 23 YEARS (14.02.1999)
NO.79, 3RD CROSS, WEAVERS COLONY
VISHWESHWARA NAGAR,
MYSORE-570008
3. MS ROSHINI A BHASKAR
D/O MR BHASKAR VEMUR
24 YEARS (15.01.1999)
NO.4/7, WARD NO.88, 2ND CROSS,
RAMAMURTHY NAGAR MAIN ROAD,
NEXT TO SHARP KIDS CARE PLAY SCHOOL,
BANASWADI, BANGALORE-560043
-2-
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
4. MR JEEVAN D
S/O MR DHANASHEKAR R
24 YEARS (24.11.1998)
402, SUMUKHA AASHRAYA,
17 MAIN, ROSE GARDEN ROAD,
J P NAGAR, 5TH PHASE,
BANGALORE-560078
5. MR HITHESH R
S/O MR RAVI P
23 YEARS (28.01.1999)
NO.12, NETHAJI NAGAR,
REVENUE BLOCK, ALANAHALLI,
MYSORE-570028
6. MS SUCHETA GHOSH
D/O MR SUBRATA GHOSH
24 YEARS (07.02.1999)
FLAT NO.203, 2ND FLOOR,
SURAKSHA ELEGANCE
KODICHIKKANAHALLI MAIN ROAD,
BTM 3RD STAGE,
BANGALORE-560076
7. MS SUCHITRA D
D/O MR DURAI P
25 YEARS (19.12.1997)
NO.6, NITHYA CHITRA, ANNAYAPPA BLOCK,
4TH CROSS, BENSON TOWN,
NANDIDURGA ROAD,
BANGALORE-560046
8. MS NANCY SINGHAL
D/O MR ASHOK KUMAR SINGHAL
25 YEARS (25.01.1998)
NO.104, JIND HARYANA,
GANDHI NAGAR-126102
9. MS CAROLINE ELIZABETH REBECCA V
D/O MR VIJAYAKUMAR R WILSON
25 YEARS (03.04.1997)
NO.26, GNANAVILLA BINNY LAYOUT
-3-
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
2ND STAGE, ATTIGUPPE
VIJAYANAGAR
BANGALORE-560040
10. MR PRATEEK GARG
S/O MR PURUSHOTTAM GARG
24 YEARS (22.04.1998)
OPP. OLD POST OFFICE,
CITY SAWAI MADHOPUR
RAJASTHAN-322021
11. MS CHETHANA AMARNATH
D/O MR AMARNATH
23 YEARS (17.02.1999)
NO.307, 2ND FLOOR, 6TH MAIN,
REMCO LAYOUT, VIJAYANAGAR
BANGALORE-560040
12. MS S CHAITRA
D/O MR D SHANKAR
23 YEARS (18.10.1999)
NO.690, 12/1, 36TH CROSS, 2ND BLOCK
RAJAJINAGAR,
BANGALORE-560010
13. MS MANASA S
D/O MR S V SURESH
24 YEARS (28.06.1998)
NO.1203, 6TH E BLOCK
PROVIDENT SUNWORTH APARTMENT,
VENKATAPURA, KENGERI,
BANGALORE-560060
14. MR V ANIROODH
S/O DR R VENUGOPALAN
23 YEARS (06.12.1999)
NO.15, 407 SFS YELAHANKA NEW TOWN
BANGALORE-560064
15. MS.PRATHIBHA K M
D/O MR K J MOHAN BABU
23 YEARS (21.06.1999)
-4-
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
NO.581, 3RD BLOCK, 3RD STAGE
6TH A MAIN, BASAWESHWARA NAGAR
BANGALORE-560079
16. MS R S VAISHNAVI
D/O MR P RAJASEKARAN
23 YEARS (30.03.1999)
NO.C-105, CASA ANSAL APARTMENT,
NO.18, BANNERGHATTA MAIN ROAD
J P NAGAR, 3RD PHASE,
BANGALORE-560076
17. MS KEERTHANA SHREE S
D/O MR K SARAVANAN
23 YEARS (29.10.1999)
NO.1282, SOBHA INDRAPRASTHA
OPP. SUJATHA THEATRE, GOPALAPURA
BANGALORE-560023
18. MR NAMO MITTAL
S/O MR AJAY KUMAR MITTAL
D-24, INDRAPURI COLONY
LALKHOTI JAIPUR,
RAJASTHAN-302015
19. MS SHRUTHI S
D/O MR TNK SUNDARARAJAN
24 YEARS (11.07.1998)
NO.B-014, EUPHORIA CORPORATE LEISURE,
SUNCITY APARTMENTS,
SARJAPURA ROAD, IBBLUR
BANGALORE-560102
20. MS SIVAPRIYA RAJAGOPAL
D/O MR K RAJAGOPAL
25 YEARS (07.01.1998)
NO.17, HAUDIN ROAD
OFF ULSOOR, BANGALORE-560042
21. MS SANJANA SHASHIDHAR ULLAGADDIMATH
D/O MR SHASHIDHAR
23 YEARS (12.05.1999)
-5-
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
NO.10/1, ULLAGADDIMATH ROAD
HUBLI-580020
22. MS SASI PREMI SUPRAJAA A K
D/O MR KUMARESH BABU
22 YEARS (02.03.2000)
NO.B-405, BREN CHAMPION SQUARE
SARJAPURA ROAD, CARMELARAM
OPP DECATHLON
BANGALORE-560035
23. MS. NIKYTA A T
D/O MR A THOMAS GUNASEELAN
23 YEARS (29.07.1999)
NO.255, 7TH CROSS, KESARE 3RD STAGE
OPP TO RS NAIDU NAGAR BUS STAND
MYSORE-570007
24. MS N HEMAPRIYA
D/O DR NANDAKUMAR G
23 YEARS (06.05.1999)
NO.007, GROUND FLOOR, MEENAKSHI PARADISE
2ND MAIN, PEEKAYAM LAYOUT
HOSAPALYA 3RD STAGE,
HSR LAYOUT, SECTOR-II
BANGALORE-560006
25. MR MANISH GARG
S/O MR RAJINDER GARG
AGEDA BOUT 24 YEARS (13.04.1998)
NO.1548, URBAN ESTATE, JIND
HARYANA-126102
26. MS R BABHITHA
D/O MR S RAJASEKAR
23 YEARS (15.10.1999)
NO.11, BLOCK-2, SHIVASHAKTHI ROAD
SHAKTHI NAGAR, MYSORE-570029
27. MS L CHAYA DEVI
D/O MR A LOKESH KUMAR
23 YEARS (18.05.1999)
-6-
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
'CHAYA' MADURAMMA BADAVANE
MADAPUR ROAD, SUNTIKOPPA
KODAGU-571237
28. MS RANJANA L
D/O MR D LOGANATHAN
24 YEARS(16.03.1998)
NO.33, EAST END D MAIN ROAD
JAYANAGAR 9TH BLOCK
BANGALORE-560069
...PETITIONERS
(BY SRI. AJOY KUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY
HEALTH AND FAMILY WELFARE
SERVICES (MEDICAL EDUCATION)
VIKASA SOUDHA, DR B R AMBEDKAR VEEDHI
BENGALURU-560001
2. THE DIRECTOR OF MEDICAL EDUCATION
ANAND RAO CIRCLE
BENGALURU-560009
3. KARNATAKA EXAMINIATIONA AUTHORITY
SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM
BENGALURU-560012
REPRESENTED BY ITS ADMINISTRATIVE OFFICER
4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR
BENGALURU-560041
REPRESENTED BY ITS REGISTRAR
5. RAJARAJESHWARI MEDICAL COLLEGE AND HOSPITAL
NO.202, KAMBIPURA VILLAGE
COLLEGE CAMPUS, MYSURU ROAD
BENGALURU-560074
REPRESENTED BY ITS PRINCIPAL
...RESPONDENTS
-7-
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
(BY SRI. B.RAJENDRA PRASAD, HCGP FOR R1 & R2;
SRI. N.K.RAMESH, ADVOCATE FOR R3;
SRI. B.S.SACHIN, ADVOCATE FOR R4;
SRI. CHANDRAKANTH R GOULAY, ADVOCATE FOR R5 [VK
NOT FILED])
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION, DIRECTING THE 5TH RESPONDENT COLLEGE TO
REFUND THE AMOUNTS COLLECTED FROM THE PETITIONERS
IN EXCESS OF THE AMOUNT OVER AND ABOVE THE FEES
PRESCRIBED AND STIPULATED BY THE GOVERNMENT AND THE
KEA IN ANNEXURE-B FOR THE STUDENTS ADMITTED DURING
THE ACADEMIC YEAR 2017-18; b) ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION, DIRECTING THE 5TH RESPONDENT COLLEGE TO
REFUND THE EXCESS FEES COLLECTED FROM THE
PETITIONERS AS PER THE JUDGMENT AND ORDER OF THIS
HON'BLE COURT IN W.P.NO.4244/2019 DATED 15/03/2022 AT
ANNEXURE-L AND THE JUDGMENT & ORDER OF THIS HON'BLE
COURT IN W.P.NO.52425/2019 & CONNECTED MATTERS
DATED 28/09/2022 AT ANNEXURE-M; c) ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION, DIRECTING THE 5TH RESPONDENT COLLEGE TO
REFUND THE EXCESS FEES COLLECTED FROM THE
PETITIONERS AS PER THE ORDER OF THE HON'BLE SUPREME
COURT OF INDIA IN CIVIL APPEAL NOS.3978-3995/2017 AND
CONNECTED MATTERS DATED 19/05/2022 AT ANNEXURE-N
AND THE JUDGMENT & ORDER OF THE HON'BLE SUPREME
COURT OF INDIA IN COURT IN SPECIAL LEAVE PETITION
(CIVIL) NOS.2969-2970/2021 DATED 07/11/2022 AT
ANNEXURE-P; AND d) COSTS OF THIS PETITION AND SUCH
OTHER AND FURTHER RELIEFS AS THIS HON'BLE COURT MAY
DEEM FIT TO GRANT, INCLUDING DIRECTING THE STATE
GOVERNMENT (1ST RESPONDENT) AND RGUHS (3RD
RESPONDENT) TO LEVY A FINE OF RUPEES 10,00,000/-
(RUPEES TEN LAKHS ONLY) OR DOUBLE THE AMOUNT
COLLECTED OVER AND ABOVE THE FEE FIXED BY THE
GOVERNMENT, WHICHEVER IS HIGHER, ON THE 5TH
RESPONDENT AS PROVIDED UNDER SECTION 7(4) OF THE
KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS
-8-
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
(REGULATION OF ADMISSION AND DETERMINATION OF FEE)
ACT, 2006 (KARNATAKA ACT NO.8 OF 2006) (AS AMENDED
FROM TIME TO TIME), HAVING REGARD TO THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTERESTS OF
JUSTICE AND EQUITY.
IN W.P.NO.2244 OF 2023
BETWEEN:
1. MR. ANTHONY PETER J
S/O MR JOSEPH BENEDICT P
24 YEARS (25.10.1998)
NO.52, 3RD CROSS
OPP PARK P F LAYOUT
VIJAYANAGAR
BANGALORE-560040
2. MR VIGNESH Y
S/O MR YOGANANDA M
23 YEARS (08-08-1999)
NO.6, 60 FEET ROAD,
CHIKKAGOWDAPPA NILAYA
SAMPIGE LAYOUT
BANGALORE-560079
3. MS DEEPIKA MUTHU
D/O DR MUTHU VEERAPPAN N
24 YEARS (03.01.1999)
ASTER 007, RAKESH FANTASY GARDEN
2ND MAIN, 4TH CROSS, KASTURI NAGAR,
BANGALORE-560043
4. MS SRISHTI SOMVANSHI
D/O MR ARUN KUMAR SINGH
24 YEARS (09-08-1998)
H NO.C-11, GAUTAM GARDEN COLONY
SHIVPUR BYPASS, VARNASI
UTTAR PRADESH - 221 003
5. MR PAVAN K
S/O MR K SURESH KUMAR
-9-
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
23 YEARS (12-05-1999)
NO.180/D, 12TH MAIN, 11TH CROSS,
KAMAKSHI HOSPITAL ROAD
SARASWAHTI PURAM
MYSORE-570009
6. MS NAOMI SARAH J S
D/O MR A J SOUNDERRAJ
24 YEARS (03.06.1998) NO.2547
10TH MAIN ROAD, AECS LAYOUT,
A BLOCK, SINGASANDRA
BANGALORE-560068
7. MR VIGNESH R
S/O MR RAVI N
23 YEARS (23.12.1999)
G-12, AMITY RAMPRIYA APARTMENT
VBB BAKERY ROAD,
BSK III STAGE, ITTUMADU
BANGALORE-560085
8. MS RUWA JEHZA NAZAR
D/O DR NAZZAR K P
23 YEARS (06-07-1999)
ARISTA JT ROAD (P.O)
TEMPLE GATE
HALASSERY-670102
9. MR K RAKESH BOOPATHI
S/O MR B KESHAVAN
23 YEARS (06.07.1999)
205-B, SHRIRAM SRISHTI APARTMENTS
4TH MAIN SSA ROAD
ANANDNAGAR, R T NAGAR POST
BANGALORE-560032
10. MR BHARGAV S
S/O MR SHESHADRI KRISHNAMURTHY
23 YEARS (05.05.1999)
G-403 PRIDE ENCHANTA APARTMENT,
PHASE - II, WING 2, MYSORE ROAD
OPP BHEL MAIN GATE, MYSORE ROAD
- 10 -
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
BANGALORE-560026
11. MR R KRISHNAN
S/O MR K K RAMACHANDRAN
22 YEARS (12.05.2000)
NO.E 205, SLV SPLENDOUR
HARINAGARA CROSS,
KOTHNUR DINNE MAIN ROAD
BANGALORE-560062
12. MS SOWMYA SRIDHAR
D/O MR SRIDHARAN V
23 YEARS (23-05-1999)
T-3, SRI MAHALAKSHMI APARTMENT
30/31, 5TH MAIN, 8TH CROSS
MALLESHWARAM
BANGALORE - 560003
13. MS SOPHIA LOURDES S
D/O M R STEPHEN KULANDAI RAJ V
23 YEARS (07-07-1999)
NO 983, 2ND MAIN
2ND CROSS, VIJAYANAGAR
BANGALORE - 560040
14. MS SRI LAKSHMI G
D/O MR GANDH R
25 YEARS (14-11-1997)
NO.24, 32/25, 7TH MAIN ROAD
2ND CROSS ROAD, MUNIYAPPA LAYOUT
GARVE BHAVI PALYA
BANGALORE 560068
15. MS SMITHA FELINA V
D/O MR VICTOR ASHOK J
23 YEARS (01-08-1999)
EARIKADU, MARTALLI POST
HANUR TALUK
CHAMARAJANGARA DISTRICT - 571320
16. MS SNEHA S
D/O MR SATCHINATHAN P
- 11 -
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
23 YEARS (04-05-1999)
68/30, DODDAIAH LAYOUT, ULSOOR
BANGALORE - 560008
17. MR RAGHAVENDRA VERMA
S/O MR SANTAPAL VERMA
25 YEARS (05-09-1997)
VILL & POST, ARVAT
DISTRICT AYODHYA - 224161
UTTAR PRADESH
18. MR ANSHUL AGARWAL
S/O MR ASHOK KUMAR AGARWAL
24 YEARS (03-11-1997)
HOUSE NO 07, WARD NO.14
BABA SHYAM SING COLONY
HANUMANGARH JN
RAJASTHAN - 335512
19. MR A S ARVINDKRISHNAN
S/O MR A SENDAMARAI KANNAN
24 YEARS (10-08-1999)
G-1074, 5TH CROSS, 6TH AMIN
HAL CENTRAL TOWNSHIP
MARATHAHALLI
BANGALORE - 560037
20. MR MD SHAYAN ALI KHAN
S/O MR MD IMTEYAZUL HAQUE KHAN
26 YEARS (11-11-1996)
FLAT NO 5H-802
PROVIDENT SUNWORTH
KENGERI HOBLI
BANGALORE - 560060
21. MS NIVEDITA ANAND
D/O MR B J ANAND
23 YEARS (13-10-1999)
28/8-5, 15TH CROSS
3RD BLOCK, JAYANAGAR
BANGALORE - 560011
22. MR RANDEV S
S/O MR SUDHAKARAN K V
- 12 -
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
24 YEARS (10-06-1998)
ADRESS GEH
CHUNDATHODY CH MUNDAKKAL
MUNDAKKAL (P O)
MALAPPURAM
KERALA - 573645
23. MR MUHAMMED SHAMEEL M
S/O MUHAMMED SHAFI MTC
25 YEARS (20-08-1997)
RIZWANA MANZIL
PUTHIYANGADI P O, MADAYI
KANNUR, KERALA - 670304
24. MS MUSKAN MALVIVYA
D/O MR KRISHNA KANT MALVIYA
25 YEARS (28-07-1997)
MIG -107, VIKAS NAGAR (VISTAR) POST
FERTILISER ROAD
BARGADWA CHURAHA
GORAKHPUR - 273007
UTTAR PRADESH
25. MS. ANUSHA G
D/O MR S K GANGADHARAIAH
23 YEARS (11-11-1999)
NO.37, NANDANA NILAYA
4TH MAIN, 7TH CROSS
INDUSTRIAL TOWN
AGRAHARA DASARAHALLI
BANGALORE - 560079
26. MR M AMARTYA VARDHAN
S/O MR MOHAN BHASKER
23 YEARS (26-06-1999)
NO.204, FERNS RESIDENCY
K NARAYANAPURA, KOTHANUR
HENNUR MAIN ROAD
BANGALORE - 560077
27. MR HARI HARA SUDAN S
S/O MR SARAVANAN R
- 13 -
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
23 YEARS (08-11-1999)
NO.23, SRI RAJARAJESWARI KRUPA
5TH CROSS, BANASHANKARI III STAGE
KATHRIGUPPE MAIN ROAD
VIVEKANANDA NAGAR
BANGALORE - 560085
...PETITIONERS
(BY SRI. AJOY KUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY
HEALTH & FAMILY WELFARE
SERVICES (MEDICAL EDUCATION)
VIKASA SOUDHA, DR B R AMBEDKAR VEEDHI
BENGALURU-560001
2. THE DIRECTOR OF MEDICAL EDUCATION
ANAND RAO CIRCLE
BENGALURU-560009
3. KARNATAKA EXAMINIATIONA AUTHORITY
SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM
BENGALURU-560012
REPRESENTED BY ITS ADMINISTRATIVE OFFICER
4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR
BENGALURU-560041
REPRESENTED BY ITS REGISTRAR
5. RAJARAJESHWARI MEDICAL COLLEGE AND HOSPITAL
NO.202, KAMBIPURA VILLAGE
COLLEGE CAMPUS, MYSURU ROAD
BENGALURU-560074
REPRESENTED BY ITS PRINCIPAL
...RESPONDENTS
(BY SRI. B.RAJENDRA PRASAD, HCGP FOR R2;
SRI. N.K.RAMESH, ADVOCATE FOR R3;
SMT. FARAH FATHIMA, ADVOCATE FOR R4;
- 14 -
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
SRI. CHANDRAKANTH R GOULAY, ADVOCATE FOR R5 [VK
NOT FILED])
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION, DIRECTING THE 5TH RESPONDENT COLLEGE TO
REFUND THE AMOUNTS COLLECTED FROM THE PETITIONERS
IN EXCESS OF THE AMOUNT OVER AND ABOVE THE FEES
PRESCRIBED AND STIPULATED BY THE GOVERNMENT AND THE
KEA IN ANNEXURE-C FOR THE YEAR 2017-18; b) ISSUE A
WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION, DIRECTING THE 5TH RESPONDENT
COLLEGE TO REFUND THE EXCESS FEES COLLECTED FROM
THE PETITIONERS AS PER THE JUDGMENT AND ORDER OF
THIS HON'BLE COURT IN W.P.NO.4244/2019 DATED
15/03/2019 AT ANNEXURE-P AND THE JUDGMENT & ORDER OF
THIS HON'BLE COURT IN W.P.NO.52425/2019 & CONNECTED
MATTERS DATED 28/09/2022 AT ANNEXURE-Q; c) ISSUE A
WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION, DIRECTING THE 5TH RESPONDENT
COLLEGE TO REFUND THE EXCESS FEES COLLECTED FROM
THE PETITIONERS AS PER THE ORDER OF THE HON'BLE
SUPREME COURT OF INDIA IN CIVIL APPEAL NOS.3978-
3995/2017 AND CONNECTED MATTERS DATED 19/05/2022 AT
ANNEXURE-R AND THE JUDGMENT & ORDER OF THE HON'BLE
SUPREME COURT OF INDIA IN COURT IN SPECIAL LEAVE
PETITION (CIVIL) NOS.2969-2970/2021 DATED 07/11/2022 AT
ANNEXURE-S; AND d) COSTS OF THIS PETITION AND SUCH
OTHER AND FURTHER RELIEFS AS THIS HON'BLE COURT MAY
DEEM FIT TO GRANT, HAVING REGARD TO THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTERESTS OF
JUSTICE AND EQUITY.
IN W.P.NO.5027 OF 2023
BETWEEN:
1. MS. AISHWARYA V NAYAK
D/O. MR. G. VISHNUDAS NAYAK,
24 YEARS (05.11.1998),
S-2, SAI RAJ ENCLAVE, NO. 119,
- 15 -
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
BULL TEMPLE ROAD CROSS, NAGARAJA LAYOUT,
BANGALORE-560 019.
2. MS. KRITHI. P. JOHN
D/O. MR. JOHN SOLOMON RAJ PD,
23 YEARS, (04.09.1999)
8A-602, PROVIDENT SUNWORTH APARTMENTS,
MYSORE ROAD, NICE JUNCTION,
KENGERI HOBLI, VENKATAPURA,
BANGALORE-560 060.
3. MS. SUPREETA. J
D/O. MRS. KAMALA,
23 YEARS, (26.09.1999),
32, 11TH CROSS, GHBCS LAYOUT,
BASAVESHWARANAGARA,
BANGALORE-560 079.
4. MS. AMBRUTH. K
S/O. MR. KEERTHI NARAYANA. N,
24 YEARS, (23.05.1998),
NO.27, GIDAMMA LAYOUT,
NEAR WHITE HOUSE,
A-NARAYANA PURA,
BANGALORE-560 016.
5. MS. MEGHANA M. M.
D/O. MR. MAHESH M. G.,
24 YEARS, (03.10.1998)
NO.200, 4TH CROSS, 9TH MAIN,
DUO CITY LAYOUT,
BASAPURA,
BANGALORE-560 068.
6. MR. ASWIN DINESH
S/O. MR. DINESH KUMAR. K. V.,
24 YEARS, (15.12.1998),
NO.40/57, OPP. ST. THOMAS CHURCH,
DRC POST, S.G. PALYA, BHAVANI NAGAR,
BANGALORE-560 029.
7. MR. GURUDUTTA SAHU
S/O. MR. MWO JAYAPRAKASHA SAHU,
- 16 -
WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
24 YEARS, (19.01.1999)
FLAT NO.105, DS-MAX-STARWOOD),
NEAR LAKE VIEW GARDEN,
KEREGUDDADAHALLI,
CHIKKABANAVARA,
SOMASHETTI HALLI,
BANGALORE-560 090.
8. MR. RAJATH V. RASHINKAR
S/O. MR. VINAYAK RASHINKAR,
23 YEARS, (29.08.1999),
SHREE NIDHI TEXTILES,
OLD COURT ROAD,
SAVANUR-581 118,
DISTRICT HAVERI, KARNATAKA.
(PRESENTLY RESIDING IN BENGALURU AND DOING
COMPULSORY ROTATING INTERSHIP IN
RAJARAJESHWARI MEDICAL COLLEGE,
BENGALURU-560 074)
9. MR. ASHOK RUDRAPPA BIRADAR
S/O. MR. R.S.BIRADAR,
24 YEARS, (20.11.1998)
PLOT NO.57, WARD NO. 3,
BASAVA NILAYA, JAYANAGAR COLONY,
GYANG BAWDI ROAD,
VIJAYAPURA-586 101,
DISTRICT BIJAPUR, KARNATAKA,
(PRESENTLY RESIDING IN BENGALURU AND DOING
COMPULSORY ROTATING INTERSHIP IN
RAJARAJESHWARI MEDICAL COLLEGE,
BENGALURU-560 074)
10. MS. SHAKTHI SHREE. G. S.
D/O. MR. N. SRINIVASAN,
22 YEARS, (01.05.2000),
NO.1952, 2ND CROSS, 2ND MAIN, MCECHS LAYOUT,
2ND PHASE, DR. SRK NAGAR, JAKKUR,
BANGALORE-560 064.
11. MS. DEEKSHA MOORMANI
D/O. MR. RAMAPPA MOORMAI,
23 YEARS, (22-11-1999)
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WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
NO.21, PRAGATHI NAGAR,
NEAR AYURVEDIC HOSPITAL,
PITRU KRUPA NILAYA,
KOPPAL-583 231,
DISTRICT KOPPAL,
KARNATAKA,
(PRESENTLY RESIDING IN BENGALURU AND DOING
COMPULSORY ROTATING INTERSHIP IN
RAJARAJESHWARI MEDICAL COLLEGE,
BENGALURU-560 074)
12. MS. CHAITHRA. S
D/O. MR. SHIVASHANKARE GOWDA,
23 YEARS, (12-02-1999)
NO.68, 1ST CROSS, 15TH MAIN ROAD,
BALAJI LAYOUT, BHARATHI NAGAR,
BEDARAHALLI,
BANGALORE-560 091.
13. MS. PUSHPA PRIYA. K
D/O. MR. KRISHNAN.N,
23 YEARS, (02.12.1999)
NO.2, 5TH CROSS, OM SHAKTI TEMPLE ROAD,
CHIKKHALSANDRA,
HANUMAGIRI NAGAR,
BANGALORE-560 061.
14. MS. R. SUSHMITHA
D/O. MR. SRINIVASULU,
22 YEARS, (27.05.2000),
NO.12, 2ND MAIN, 2ND CROSS,
SANJEEVINI NAGAR,
HEGGANAHALLI CROSS,
BANGALORE-560 091.
15. MR. AJITH ADIGA
S/O. MR. JAGADISH ADIGA,
23 YEARS, (01.05.2000),
NO.8/18, SARAYU VALLABHANAGAR,
FIRST CROSS, UTTARAHALLI,
BANGALORE-560 061.
...PETITIONERS
(BY SRI. AJOY KUMAR PATIL, ADVOCATE)
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WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY
HEALTH & FAMILY WELFARE
SERVICES (MEDICAL EDUCATION)
VIKASA SOUDHA, DR B R AMBEDKAR VEEDHI
BENGALURU-560001
2. THE DIRECTOR OF MEDICAL EDUCATION
ANAND RAO CIRCLE
BENGALURU-560009
3. KARNATAKA EXAMINIATIONA AUTHORITY
SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM
BENGALURU-560012
REPRESENTED BY ITS ADMINISTRATIVE OFFICER
4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR
BENGALURU-560041
REPRESENTED BY ITS REGISTRAR
5. RAJARAJESHWARI MEDICAL COLLEGE AND HOSPITAL
NO.202, KAMBIPURA VILLAGE
COLLEGE CAMPUS, MYSURU ROAD
BENGALURU-560074
REPRESENTED BY ITS PRINCIPAL
...RESPONDENTS
(BY SRI. B.RAJENDRA PRASAD, HCGP FOR R1 & R2;
SRI. N.K.RAMESH, ADVOCATE FOR R3;
R4 - SERVED;
SRI. CHANDRAKANTH R GOULAY, ADVOCATE FOR R5 [VK
NOT FILED])
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION, DIRECTING THE 5TH RESPONDENT COLLEGE TO
REFUND THE AMOUNTS COLLECTED FROM THE PETITIONERS
IN EXCESS OF THE AMOUNT OVER AND ABOVE THE FEES
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WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
STRUCTURE PRESCRIBED AND STIPULATED BY THE
GOVERNMENT AND THE KEA IN ANNEXURE-C FOR THE
STUDENTS ADMITTED DURING THE ACADEMIC YEAR 2017-18;
b) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION, DIRECTING THE 5TH
RESPONDENT COLLEGE TO REFUND THE EXCESS FEES
COLLECTED FROM THE PETITIONERS AS PER THE JUDGMENT
AND ORDER OF THIS HON'BLE COURT IN W.P.NO.4244/2019
DATED 15/03/2022 AT ANNEXURE-P AND THE JUDGMENT &
ORDER OF THIS HON'BLE COURT IN W.P.NO.52425/2019 &
CONNECTED MATTERS DATED 28/09/2022 AT ANNEXURE-Q; c)
ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION, DIRECTING THE 5TH
RESPONDENT COLLEGE TO REFUND THE EXCESS FEES
COLLECTED FROM THE PETITIONERS AS PER THE ORDER OF
THE HON'BLE SUPREME COURT OF INDIA IN CIVIL APPEAL
NOS.3978-3995/2017 AND CONNECTED MATTERS DATED
19/05/2022 AT ANNEXURE-R AND THE JUDGMENT & ORDER OF
THE HON'BLE SUPREME COURT OF INDIA IN COURT IN
SPECIAL LEAVE PETITION (CIVIL) NOS.2969-2970/2021 DATED
07/11/2022 AT ANNEXURE-S; AND d) COSTS OF THIS
PETITION AND SUCH OTHER AND FURTHER RELIEFS AS THIS
HON'BLE COURT MAY DEEM FIT TO GRANT, INCLUDING
DIRECTING THE STATE GOVERNMENT (1ST RESPONDENT) AND
RGUHS (3RD RESPONDENT) TO LEVY A FINE OF RUPEES
10,00,000/- (RUPEES TEN LAKHS ONLY) OR DOUBLE THE
AMOUNT COLLECTED OVER AND ABOVE THE FEE STRUCTURE
FIXED BY THE GOVERNMENT, WHICHEVER IS HIGHER, ON THE
5TH RESPONDENT AS PROVIDED UNDER SECTION 7(4) OF THE
KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS
(REGULATION OF ADMISSION AND DETERMINATION OF FEE)
ACT, 2006 (KARNATAKA ACT NO.8 OF 2006) (AS AMENDED
FROM TIME TO TIME), HAVING REGARD TO THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTERESTS OF
JUSTICE AND EQUITY.
THESE PETITIONS, COMING ON FOR FINAL HEARING,
THIS DAY, ALOK ARADHE J., MADE THE FOLLOWING:
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WP No. 4019 of 2023
C/W WP No. 2244 of 2023
WP No. 5027 of 2023
ORDER
The petitioners were admitted to MBBS Course in Rajarajeshwari Medical College and Hospital, Bengaluru (hereinafter referred to as 'the college' for short) in the academic session 2017-18 against private seats. The grievance of the petitioners in these petitions is that respondent No.5 has collected the fee over and above the amount of fee fixed by the State Government as well as Karnataka Examination Authority.
2. The petitioners in W.P.No.4019/2023 have prayed for the following reliefs:
a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 5th respondent college to refund the amounts collected from the petitioners in excess of the amount over and above the fees prescribed and stipulated by the government and the KEA in Annexure-B for the students admitted during the academic year 2017- 18;
b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 5th respondent college to refund the excess fees
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WP No. 4019 of 2023 C/W WP No. 2244 of 2023 WP No. 5027 of 2023 collected from the petitioners as per the judgment and order of this Hon'ble Court in W.P.No.4244/2019 dated 15/03/2022 at Annexure-l and the judgment & order of this Hon'ble Court in W.P.No.52425/2019 & connected matters dated 28/09/2022 at Annexure-M;
c) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 5th respondent college to refund the excess fees collected from the petitioners as per the order of the Hon'ble Supreme Court of India in Civil Appeal Nos.3978-3995/2017 and connected matters dated 19/05/2022 at Annexure-N and the judgment & order of the Hon'ble supreme court of India in court in Special Leave Petition (Civil) Nos.2969-
2970/2021 dated 07/11/2022 at Annexure-P; and
d) Costs of this petition and such other and further reliefs as this Hon'ble Court may deem fit to grant, including directing the state government (1st respondent) and RGUHS (3rd respondent) to levy a fine of rupees 10,00,000/- (Rupees Ten Lakhs only) or double the amount collected over and above the fee fixed by the government, whichever is higher, on the 5th respondent as provided under section 7(4) of the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006 (Karnataka Act
- 22 -
WP No. 4019 of 2023 C/W WP No. 2244 of 2023 WP No. 5027 of 2023 No.8 of 2006) (as amended from time to time), having regard to the facts and circumstances of the case, in the interests of justice and equity.
3. The petitioners in W.P.No.2244/2023 have prayed for the following reliefs:
a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 5th respondent college to refund the amounts collected from the petitioners in excess of the amount over and above the fees prescribed and stipulated by the government and the KEA in Annexure-C for the year 2017-18;
b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 5th respondent college to refund the excess fees collected from the petitioners as per the judgment and order of this Hon'ble Court in W.P.No.4244/2019 dated 15/03/2022 at Annexure-P and the judgment & order of this Hon'ble Court in W.P.No.52425/2019 & connected matters dated 28/09/2022 at Annexure-Q;
c) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 5th respondent college to refund the excess fees collected from the petitioners as per the order of the
- 23 -
WP No. 4019 of 2023 C/W WP No. 2244 of 2023 WP No. 5027 of 2023 Hon'ble Supreme Court of India in Civil Appeal Nos.3978-3995/2017 and connected matters dated 19/05/2022 at Annexure-R and the judgment & order of the Hon'ble supreme court of India in court in Special Leave Petition (Civil) Nos.2969-
2970/2021 dated 07/11/2022 at Annexure-S; and
d) Costs of this petition and such other and further reliefs as this Hon'ble Court may deem fit to grant, having regard to the facts and circumstances of the case, in the interests of justice and equity.
4. The petitioners in W.P.No.5027/2023 have prayed for the following reliefs:
a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 5th respondent college to refund the amounts collected from the petitioners in excess of the amount over and above the fees prescribed and stipulated by the government and the KEA in Annexure-C for the students admitted during the academic year 2017- 18;
b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 5th respondent college to refund the excess fees collected from the petitioners as per the judgment and order of this Hon'ble Court in
- 24 -
WP No. 4019 of 2023 C/W WP No. 2244 of 2023 WP No. 5027 of 2023 W.P.No.4244/2019 dated 15/03/2022 at Annexure-P and the judgment & order of this Hon'ble Court in W.P.No.52425/2019 & connected matters dated 28/09/2022 at Annexure-Q;
c) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 5th respondent college to refund the excess fees collected from the petitioners as per the order of the Hon'ble Supreme Court of India in Civil Appeal Nos.3978-3995/2017 and connected matters dated 19/05/2022 at Annexure-R and the judgment & order of the Hon'ble supreme court of India in court in Special Leave Petition (Civil) Nos.2969-
2970/2021 dated 07/11/2022 at Annexure-S; and
d) Costs of this petition and such other and further reliefs as this Hon'ble Court may deem fit to grant, including directing the state government (1st respondent) and RGUHS (3rd respondent) to levy a fine of rupees 10,00,000/- (Rupees Ten Lakhs only) or double the amount collected over and above the fee fixed by the government, whichever is higher, on the 5th respondent as provided under section 7(4) of the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006 (Karnataka Act No.8 of 2006) (as amended from time to time),
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WP No. 4019 of 2023 C/W WP No. 2244 of 2023 WP No. 5027 of 2023 having regard to the facts and circumstances of the case, in the interests of justice and equity.
5. On 05.04.2023, when the matter was taken up, a submission was made by learned counsel for the petitioner that the controversy involved in this petition is squarely covered by the orders dated 15.03.2022 and 28.09.2022 passed in W.P.No.4244/2019 and W.P.No.52425/2019. The order dated 05.04.2023 reads as under:
"Mr.Ajoy Kumar Patil, learned counsel for the petitioners submits that the controversy involved in this petition is squarely covered by an order dated 15.03.2022 passed by a Division Bench of this Court in W.P.No.4244/2019 as well as another order dated 28.09.2022 passed by a Division Bench of this Court in W.P.No.52425/2019. It is further submitted that the petitioners are passing out from the College by the end of the month and are ready and willing to forego their claim for interest in case their entire amount of excess fee recovered from them, is refunded to them.
In view of aforesaid submission, Mr.Chandranath R.Goulay, learned counsel for the
- 26 -
WP No. 4019 of 2023 C/W WP No. 2244 of 2023 WP No. 5027 of 2023 respondent No.5 prays for a short accommodation to enable him to seek instructions and to make a statement in this regard.
List on 17.04.2023 for analogous hearing along with W.P.No.5027/2023."
6. Thereafter, the matter has been listed today.
Learned counsel for the petitioners submitted that the petitioners' case is identical to the petitioners of W.P.No.52425/2019, which was decided by the co- ordinate Bench of this Court vide order dated 28.09.2022. After obtaining instructions, it is further submitted that in case the amount of excess fee is collected and refund of the principal amount is made, the petitioners are ready and willing to forego their claim of interest on the entire amount of excess fee. In this connection, our attention has been invited to the memo filed on behalf of the petitioners.
7. On the other hand, learned counsel for College submitted that the writ petition suffers from delay and laches as the petitioners have approached this Court after a period of six years. It is also contended that the
- 27 -
WP No. 4019 of 2023 C/W WP No. 2244 of 2023 WP No. 5027 of 2023 petitioners are not entitled to any relief in this writ petition. It is also urged that the College be granted six weeks time to enable it to file objections and the matter be posted in first week of June 2023. It is also submitted that the college has not taken a decision with regard to the proposal made by learned counsel for the petitioners for refund of fee as the Executive Director is not station.
However, learned counsel for the College was unable to point out the date on which the Executive Director is likely to return to Bengaluru.
8. Learned Additional Government Advocate has submitted that the petitioners are entitled for refund of fee. Learned counsel for the Karnataka Examination Authority has submitted that Karnataka Examination Authority has fixed the fee as per the mandate of Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006.
9. We have considered the submissions made on both sides and have perused the records. From the perusal
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WP No. 4019 of 2023 C/W WP No. 2244 of 2023 WP No. 5027 of 2023 of the record, it is evident that the issue pertaining to college to recover the fee in excess of fee prescribed by the State Government as well as Karnataka Examination Authority was the subject matter of W.P.No.4244/2019. A Division Bench of this Court, by an order dated 15.03.2022 held that the college has no authority to recover the fee in excess of the fee prescribed by the State Government and the Karnataka Examination Authority. A co-ordinate Bench of this Court vide order dated 28.09.2022 passed in W.P.No.52425/2019 has held that the students of the same batch as that of petitioners in these writ petitions are entitled to the refund of the excess fee. It is pertinent to note that in W.P.No.52425/2019, a Division Bench of this Court by order dated 28.09.2022 took note of the plea with regard to delay and laches with regard to students in that case and in paragraph No.4, the contention of the College was noted. Paragraph No.4 of the order reads as under:
"4. Respondent No.6-college filed common objections in the present writ petitions on
- 29 -
WP No. 4019 of 2023 C/W WP No. 2244 of 2023 WP No. 5027 of 2023 11.02.2022 and stated that though the petitioners filed writ petitions for the relief sought for, they voluntarily paid the fees for the academic year 2017-
18 without any demand and they have not objected for paying the said amount. At this length of time, they cannot object the same and therefore, they admitted the payment to be paid and accordingly, paid the fees and now, they cannot object the same and seek refund. The relief sought for is totally misconceived and liable to be rejected. It is stated that there is inordinate delay in filing the writ petition, the question of granting relief at this point of time, does not arise and writ petition is filed an after thought and attempt was made to somehow seek relief along with the others, who have already filed writ petition. It is stated that the petitioners among others are aware of the fact of disclosing payment of fees along with the above said note at the time of counseling and the same has been displayed in the college website. The attempt, if any, or otherwise now at this point of time cannot be questioned because having accepted the conditions in the website apart from the above said payment having accepted and paid the same, now questioning the same would not be permissible. It is further stated that the order passed by the Admission Overseeing Committee on 31.10.2018 is in the nature of directions for refund of the amount by
- 30 -
WP No. 4019 of 2023 C/W WP No. 2244 of 2023 WP No. 5027 of 2023 recommending the same to Rajiv Gandhi University of Health Sciences. The said relief having already been granted, the present writ petitions would not be maintainable and it has become infructuous and accordingly, the same is liable to be dismissed. It is further stated in the additional statement of objections that as per Annexure-R2, Rs.30,000/-
towards skill lab fees and Rs.15,000/- towards miscellaneous fees was collected from each students as per directions issued by the KEA. Thereby, sought to dismiss the writ petitions."
10. The operative portion of the aforesaid order passed by the Division Bench reads as under: "i. The writ petitions filed by the petitioners/students are hereby allowed. ii. Recommendation made by the Admission Overseeing Committee as per report file No.KEA/AOC/87/2018-19 dated 31.10.2018 is hereby affirmed.
iii. Respondent No.6-college is hereby prohibited not to collect excess amount over and above fee fixed by the Government vide Annexure-C for the academic year 2017-2018 and 2018- 2019 as per Medical Seat Fee Structure.
- 31 -
WP No. 4019 of 2023 C/W WP No. 2244 of 2023 WP No. 5027 of 2023 iv. Respondent No.6 is hereby directed to refund the amount collected from the petitioners for the academic years 2017-2018, 2018-2019, 2019-2020 and 2020-2021 over and above fee prescribed by the State Government and the KEA within a period of two months from the date of receipt of the order without giving any room for contempt with interest @ 6% as per the recommendation made by the Admission Overseeing Committee.
v. It is for the State Government to issue general directions, if the state government is really interested in protecting the rights of the students and ensuring none of the colleges, including respondent No.6 should collect the excess fee over and above that fixed by the State Government and the KEA for the years 2017- 2018, 2018-2019, 2019-2020 and 2020- 2021 within a period of 15 days from the date of receipt of the order.
vi. If State Government is really interested in welfare of the parents and citizens of the State, it is the high time for the State Government to issue such general directions."
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WP No. 4019 of 2023 C/W WP No. 2244 of 2023 WP No. 5027 of 2023
11. The issue with regard to entitlement of the college to recover the excess fee was decided on 15.03.2022 in a Bunch of writ petitions filed by the identically placed students. The Division Bench of this Court by order dated 28.09.2022 held that they are entitled to seek refund of fee. Since the issue with regard to entitlement of college to recover the excess fee was decided for the first time on 15.03.2022 and whereas these petitioners have filed writ petitions seeking refund of excess fee on 27.03.2022, in our considered opinion, the writ petitions do not suffer from any delay and laches and the petitioners in this batch of writ petitions are also entitled to seek refund of fee. We are in respectful agreement with the view taken by the co-ordinate bench of this Court vide order dated 28.09.2022 passed in W.P.No.52425/2019 and therefore, on the principles of parity also the petitioners who are the similarly situate students are entitled to seek refund of the fee.
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WP No. 4019 of 2023 C/W WP No. 2244 of 2023 WP No. 5027 of 2023
12. Ordinarily, we would have granted time to learned counsel for the College to file objections. However, since the controversy involved in this writ petition is squarely covered by the aforesaid two orders, we decline to grant six weeks time to file objections to the writ petition.
13. It is pertinent to note that in W.P.No.52425/2019, the same College was a respondent and the same learned counsel who represents the College in these writ petitions had represented the College in the said writ petition also and had raised all contentions which were dealt with by the Division Bench of this Court.
14. For the aforementioned reasons, the writ petitions are allowed and following direction is issued:
i) Rajarajeshwari Medical College and Hospital is hereby directed to refund the amount collected from the petitioners for the academic years 2017-2018, 2018-2019, 2019- 2020 and 2020-2021 over and above fee prescribed by the State Government and the
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WP No. 4019 of 2023 C/W WP No. 2244 of 2023 WP No. 5027 of 2023 Karnataka Examination Authority within a period of two months from the date of receipt of the order with interest @ 6% p.a. as per the recommendation made by the Admission Overseeing Committee.
Sd/-
JUDGE Sd/-
JUDGE MDS List No.: 1 Sl No.: 29