Karnataka High Court
Pauls Xavi vs The State Of Karnataka on 28 November, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 29431 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.29431 OF 2025 (EDN-RES)
BETWEEN:
1. PAULS XAVI
AGED 26 YEARS
S/O XAVI JOSEPH
RESIDING AT
MANGATTUKATTAYIL HOUSE
AARADHANA NAGAR, KOZHIPPILLY P O.,
KOTHAMANGALAM, ERNAKULAM
KERALA - 686 691
2. ANDRE KANNAMKULAM
AGED 25 YEARS
S/O SAJU ANTONY
RESIDING AT
KANNAMKULAM HOUSE
Digitally signed GREENFILED ROAD
by CHAITHRA A
Location: HIGH GFRA 9 CHEERACHI
COURT OF
KARNATAKA OLLUR, THRISSUR
KERALA - 680 306
3. AMOGH KAUSHIK
AGED 25 YEARS
S/O DR RAVI L KAUSHIK
RESIDING AT
1331, 29TH MAIN, 5TH CROSS
1ST PHASE, J P NAGAR
BENGALURU - 560 078
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WP No. 29431 of 2025
HC-KAR
4. MARIO KHONGMALAI
AGED 28 YEARS
S/O KOS NONGBAH
AT LAITUMKHRAH
NONGRIMMAW - D
HOLY GROUND ROAD
SHILLONG
MEGHALAYA - 793 003
...PETITIONERS
(BY SRI. SIJI MALAYIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
AT DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKASA SOUDHA
BENGALURU - 560 001
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
AT 4TH T BLOCK EAST
PATTABHIRAMA NAGAR
JAYANAGAR, BENGALURU -560041
REPRESENTED BY ITS VICE CHANCELLOR
3. M/S ST.JOHNS MEDICAL COLLEGE
(UNIT OF CBCI SOCIETY FOR MEDICAL EDUCATION)
REPRESENTED BY ITS ASSOCIATE DIRECTOR
AT SARJAPUR - MARATHAHALLI RD
BESIDE BANK OF BARODA
JOHN NAGAR, KORAMANGALA
BENGALURU - 560 034
4. CBCI SOCIETY FOR MEDICAL EDUCATION
REGISTERED UNDER SOCIETIES
REGISTRATION ACT, 1860
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WP No. 29431 of 2025
HC-KAR
AT SILVER JUBILEE BUILDING
SAINT JOHNS HOSPITAL
INTERNAL ROAD, JOHN NAGAR
KORAMANGALA, BENGALURU - 560 034
REPRESENTED BY ITS SECRETARY
...RESPONDENTS
(BY SRI.MANJUNATH K, HCGP FOR R.1;
SMT.FARAH FATHIMA, ADVOCATE FOR R.2;
SRI.P.N.MANMOHAN, ADVOCATE FOR R.3 AND R.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3
- COLLEGE TO CONSIDER THE REPRESENTATION AS STATED IN
VIDE ANNEXURE-E DATED 07.08.2025 AND TO RETURN BACK ALL
THE ORIGINAL CERTIFICATES/ DOCUMENTS PERTAINING TO THE
PETITIONER AT THE TIME OF JOINING THE COURSE AND ALSO
ALL THE CERTIFICATES, DOCUMENTS PERTAINING TO THE MBBS
COURSE COMPLETED BY THE PETITIONERS AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioners seek for the following reliefs;
"I. To issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondent No.3 - College to consider the representation as stated in vide Annexure-E dated 07.08.2025 and to return back all the original certificates/documents, pertaining to the petitioner at the time of -4- NC: 2025:KHC:49542 WP No. 29431 of 2025 HC-KAR joining the course and also the certificates, documents pertaining to the MBBS course completed by the Petitioners;
II. Pass any order of consequential relief or any other appropriate order or direction in favour of the petitioner herein, as this Hon'ble Court deems fit in the facts and circumstances of the case to meet the ends of justice and equity."
2. Heard learned counsel appearing for the parties.
3. A perusal of the material on record would indicate that the issue involved in the present petition is squarely covered by the orders passed by the Co-ordinate Bench of this Court in batch of petitions i.e., W.P.Nos.10734/2024 c/w 13693/2024 in relation to the very same respondent No.3 - college, wherein it is held as under;
"In W.P.No.10734/2024, petitioners seek the following reliefs:
"I. To issue a writ of Mandamus or any other appropriate writ order or direction, directing the Respondent No.3 to consider the representations made by the Petitioners dated 5.3.2024 (Annexure-H to H11).
II. To issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent No.3 herein not to implement the Bond executed by the Petitioners as the same is violative of Article 14 of the Constitution of India and thereby emancipate the Petitioners from the Bond executed.-5-
NC: 2025:KHC:49542 WP No. 29431 of 2025 HC-KAR III. Pass any order of consequential relief or any other appropriate order or direction in favour of the Petitioners herein, as this Hon'ble Court deems fit in the facts and circumstances of the case to meet the ends of justice and equity."
2. In W.P.No.13693/2024, petitioners seek the following reliefs:
"I. To issue a Writ of Mandamus or any other appropriate writ order or direction, directing the Respondent No.3 to consider the representation made by the Petitioners dated 28.03.2024,
03.04.2024 and 15.04.2024 vide Annexures-E to E6.
II. To issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent No.3 from implementing the Bond executed by the Petitioners as the same is violative of Article 14 of the Constitution of India and thereby emancipate the Petitioners from the Bond executed.
III. To issue the writ of Certiorari for quashing the bond executed between the petitioners and respondent No.3 as the same is violative of Article 14 and Article 23 of the Constitution of India; herewith produced as Annexures- B to B4.
IV. Pass any order of consequential relief or any other appropriate order or direction in favour of the petitioners herein, as this Hon'ble Court deems fit in the facts and circumstances of the case to meet the ends of justice and equity."
3. Heard learned counsel for the petitioners, learned AGA for the respondent-State and learned counsel for other respondents and perused the material on record.
4. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioners submits that the impugned bonds obtained by respondent No.3 from the petitioners at the time of -6- NC: 2025:KHC:49542 WP No. 29431 of 2025 HC-KAR admission of the petitioners into respondent No.3 - College are illegal, arbitrary and without jurisdiction or authority of law and the same deserve to be quashed and necessary directions are to be issued to respondent No.3 to consider the representations submitted by the petitioners in accordance with law.
5. In support of his submissions, he places reliance upon the following judgments:
(i) Shabana Salahuddin vs. Union of India - W.P.No.29635/2018 & Con. Matters dated 14.02.2020.
(ii) Ruksmaniben Deepchand Garadi Medical College Vs. Dr. Anshul Jain - W.A.No.757/2020 dated 20.09.2022 (Madhyapradesh).
(iii) Ruksmaniben Deepchand Garadi Medical College Vs. Dr. Anshul Jain - SLP No.19396/2022 dated 18.11.2022 (SC)
(iv) TMA Pai Foundation Vs. State of Karnataka - (2002) 8 SCC 481.
(v) Dr. Mohammed Fahad Khan Vs. Union of India - W.P.No.6704/2020 dated 24.04.2020.
(vi) Koushal Kishore Vs. State of Uttarpradesh - W.P.(Criminal) No.113/2016 dated 03.01.2023 (SC)
(vii) Sunil Kumar Rai Vs. State of Bihar - 2022 SCC OnLine SC 232.
(viii) St. Mary's Education Society Vs. Rajendra Prasad Bhargava - (2023) 4 SCC 498.
(ix) Janet Jeyapaul Vs. SRM University - (2015) 16 SCC
530.
(x) K.R. Divyashree Vs. State of Karnataka - W.P.No.47380/2017 dated 27.03.2018.
(xi) Sushant Deshmukh Vs. Visveshwaraiah Technological University - 2018 SCC OnLine KAR 3430.
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6. Per contra, learned counsel for respondent No.3 would reiterate the various contentions urged in the Statement of Objections and submits that apart from the fact that the present petition is not maintainable in law or on facts, the various allegations and claim made by the petitioners are false, untenable, devoid of merits and the same are liable to be rejected and the petitions are liable to be dismissed.
7. In support of his submissions, he places reliance upon the following judgments:
(i) St. Mary's Education Society Vs. Rajendra Prasad Bhargava - (2023) 4 SCC 498.
(ii) State of Bihar Vs. Jain Plastics and Chemicals Limited
- (2002) 1 SCC 216.
(iii) SK Varshney Vs. Principal, Our Lady of Fathima Higher Secondary School - (2023) 4 SCC 539.
(iv) Association of Medical Super Specialty Aspirants and Residents Vs. Union of India - (2019) 8 SCC 607.
(v) TMA Pai Foundation Vs. State of Karnataka - (2002) 8 SCC 481.
(vi) Shahal H. Musaliar Vs. State of Kerala - (1993) 4 SCC 112.
(vii) Islamia Academy of Education Vs. State of Karnataka
- (2003) 6 SCC 697.
(viii) P.A. Inamdar Vs. State of Maharashtra - (2005) 6 SCC 537.
(ix) CBCI Vs. Bangalore University - ILR 1985 KAR 855.
(x) CBCI Society for Medical Education Vs. State of Karnataka - (2004) 13 SCC 6.
(xi) CBCI Society for Medical Education Vs. State of Karnataka - W.P.No.14160/2005 and Con. Matters dated 10.11.2005.-8-
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(xii) Mrimoy Maity Vs. Chhanda Koley - 2024 SCC OnLine SC 551.
(xiii) Chennai Metropolitan Water Supply and Sewage Board Vs. T.T. Murali Babu - (2014) 4 SCC 108.
(xiv) National Highways Authority of India Vs. Ganga Enterprises - (2003) 7 SCC 410.
(xv) Union of India Vs. Puna Hinda - (2021) 10 SCC 690. (xvi) K. Jayaram Vs. Bangalore Development Authority - (2022) 12 SCC 815.
(xvii) Union of India Vs. N.Murugesan - (2022) 2 SCC 25. (xviii) State of U.P. Vs. Karunesh Kumar - 2022 SCC OnLine SC 1706.
8. A perusal of the material on record will indicate that there are several complex/complicated and disputed questions of law and fact that arise for consideration in these petitions, which are incapable of being adjudicated upon by this Court in the exercise of its jurisdiction under Article 226 of the Constitution of India. Under these circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of the petitions relegating the parties to availing and taking recourse to such remedies as available in law against each other by leaving open all rival contentions urged by both sides to be adjudicated upon by the proper Court/Forum, in accordance with law.
9. It is however relevant to state that in the event respondent No.3-College has obtained/collected/received any original documents viz., marks cards, marks sheets, certificates etc., from the petitioners-students, necessary directions are to be -9- NC: 2025:KHC:49542 WP No. 29431 of 2025 HC-KAR issued to respondent No.3-College to return the same back to the petitioners within a stipulated timeframe.
10. In the result, I pass the following:
ORDER
(i) The petitions are hereby disposed of.
(ii) Liberty is reserved in favour of both petitioners and respondents to take recourse to such remedies as available in law, including initiating appropriate proceedings as against each other, subject to all just exceptions and all defences available to the parties.
(iii) All rival contentions between the petitioners and respondents including legality, validity and correctness of the bond, undertaking, etc., said to have been executed by the petitioners in favour of respondent No.3 - college are kept open to be decided in an appropriate proceedings and no opinion is expressed on the same.
(iv) All rival contentions between the parties in any suits, litigations, proceedings etc., including the pending O.S.No.2083/2024, O.S.No.2101/2024, O.S.No.2100/2024, O.S.No.2102/2024, O.S.No.2081/2024 and O.S.No.2103/2024 are kept open and no opinion is expressed on the same.
(v) Respondent No.3 - college is directed to return all the original documents, marks card, marks sheet, certificates, etc., if any, back to the respective petitioners within a period of four weeks from the date of receipt of a copy of this order.
(vi) It is made clear that the present order is applicable only to the petitioners in the present petitions and will not be applicable to the any other person/student or any other litigation filed/to be filed by anyone else against the respondents."
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4. In the result, I pass the following;
ORDER
(i) The petition is hereby disposed of.
(ii) Liberty is reserved in favour of petitioners and respondents to take recourse of such remedies as available in law, including initiating appropriate proceedings as against each other, subject to all just exceptions and all defences available to the parties.
(iii) All rival contentions between the petitioners and respondents including legality, validity and correctness of the bond, undertaking etc., said to have been executed by the petitioners in favour of respondent No.3 - college are kept open to be decided in an appropriate proceedings and no opinion is expressed on the same.
(iv) Respondent No.3 - college is directed to return all the original documents, marks card, marks sheet, certificates etc., if any, back to the respective petitioners within a period of four weeks from the date of receipt of a copy of this order.
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(v) It is made clear that the present order is applicable only to the petitioners in the present petition and will not be applicable to the any other person/student or any other litigation filed/to be filed by anyone else against the respondents.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE NBM List No.: 1 Sl No.: 6