Ramakrishna Ayurvedic Medical ... vs Rajiv Gandhi University Of Health ...
2022 Latest Caselaw 7360 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 24TH DAY OF MAY, 2022

                          BEFORE

           THE HON'BLE MR. JUSTICE E.S. INDIRESH

    WRIT PETITION NO.3839 OF 2022 (EDN-RES)
                       C/W
   WRIT PETITION NOS.4137 OF 2022, 1156 OF 2022,
     3643 OF 2022, 3070 OF 2022, 3108 OF 2022,
            3602 OF 2022, 3668 OF 2022,
             714 OF 2022, 3686 OF 2022
                         &
          WRIT PETITION NO.3810 OF 2022

IN WP NO.3839 OF 2022

BETWEEN:

     1. SARALA SANATH KUMAR
        AGE: 18 YEARS

     2. MOGILI VISHNU PRASAD
        AGE: 18 YEARS

     3. MIDDELA PRAJYOTHI
        AGE: 21 YEARS

     4. SREEJA S
        D/O RAVINDAR S
        AGE: 20 YEARS

     5. KADIYAM JOEL BINOY AARON
        AGE: 19 YEARS


     6. BATULLA BHAGATH CHANDRA
                              2




         AGE: 19 YEARS

       7. VENKATA SREEVATSA PULIPAKA
          AGE: 19 YEARS

       8. FATHER MULLER HOMEOPATHIC
          MEDICAL COLLEGE AND HOSPITAL
          DERALAKATTE
          MANGALURU - 575 018.
          REPD. BY ITS PRINCIPAL
          DR. E S J PRABHU KIRAN
          AGED ABOUT 52 YEARS.

         PETITIONERS 1 TO 7 ARE
         STUDENTS OF 1ST YEAR
         BHMS COURSE AT FATHER MULLER
         HOMOEOPATHIC MEDICAL
         COLLEGE AND HOSPITAL
         MANGALURU.
                                           ...PETITIONERS

(BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)

AND:

       1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
          "T" BLOCK, JAYANAGAR
          BENGALURU - 560011.
          REPD. BY ITS REGISTRAR

     2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
        "T" BLOCK, JAYANAGAR
        BENGALURU - 560011.
        REPD. BY ITS VICE CHANCELLOR
                                         ....RESPONDENTS

(BY SRI HARISH GANAPATHY, ADVOCATE FOR SRI M G HARISH, ADVOCATE FOR R1 AND 2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 AND 2, APPROVE THE ADMISSION OF THE PETITIONERS 1 TO 7, ADMITTED TO THE BHMS COURSE FOR THE ACADEMIC YEAR 2020-21 AND DECLARE THAT THEY ARE ENTITLED TO CONTINUATION OF THEIR STUDIES BY GRANT OF APPROVAL OF THEIR ADMISSIONS; AND ETC.

IN WP NO.4137 OF 2022

BETWEEN:

1. SRI BHAGAWAN BUDDAHA HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL NO.103/6 40 FT, BDA ROAD NGEF LAYOUT MALLATHALLI BENGALURU -560056 REP. BY ITS PRINCIPAL DR PRABHAKAR D S

2. SAKSHI CHANDRIKA PRASAD D/O CHANDRIKA PRASAD JAIFWAR AGED ABOUT 21 YEARS

PETITIONER NO.2 IS STUDENT OF 1ST PETITIONER COLLEGE ...PETITIONERS (BY SRI SHIVARUDRA, ADVOCATE)

AND:

THE REGISTRAR RGUHS, 4TH T BLOCK JAYANAGAR BENGALURU-560 041.

...RESPONDENT (BY SMT. FARAH FATHIMA, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE CASE OF THE 2ND PETITIONER- STUDENT BY APPROVING HER ADMISSION AS THE ADMISSION FEES IS ALREADY PAID TO THE RESPONDENT; AND ETC.

IN WP NO.1156 OF 2022

BETWEEN:

1 . T.M.A.E.SOCIETY'S AYURVEDIC MEDICAL COLLEGE AND HOSPITAL SANKALAPUR TANDA BELLARY ROAD HOSEPET-583 201 REP. BY ITS PRINCIPAL DR L MANOMANI.

2 . DR. SYEDA SAFINA NAZ D/O S ALTAF HUSSAIN AGE 18 YEARS R/AT NO.220, 1ST MAIN 1ST CROSS, 2ND STAGE, AREKERE MICO LAYOUT BANNERGHATA ROAD BENGALURU - 560 083.

...PETITIONERS (BY SRI MALLIKARJUN N K, ADVOCATE)

AND:

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH "T" BLOCK, JAYANAGAR BENGALURU - 560011 REPD. BY ITS REGISTRAR ...RESPONDENT (BY SMT. FARAH FATHIMA, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO GRANT APPROVAL OF ADMISSION TO THE PETITIONER NO.2-STUDENT ADMITTED TO THE PETITIONER NO.1-COLLEGE TO THE M.S. (AYU), SHALYA TANTRA COURSE AND PERMIT THE PETITIONER NO.2 TO PROSECUTE HER RESPECTIVE COURSES WITHOUT INTERRUPTION BY CONSIDERING THE REQUEST LETTER OF PETITIONER NO.1 AT ANNEXURE-B DATED 01ST APRIL, 2021; AND ETC.

IN WP NO.3643 OF 2022

BETWEEN:

1. RAMAKRISHNA AYURVEDIC MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE NO.54/2, RAMAGONDANAHALLI YELAHANKA BENGALURU -560 064.

REP. BY ITS CHIEF EXECUTIVE OFFICER SRI ANIL KUMAR G

2. MS. JANVI HARISH PATIL D/O MR. HARISH RAMESH PATIL AGE : 20 YEARS MALIVAD, NEAR POST OFFICE, VYARA DISTRICT: TAPI, GUJARATH-394 650.

...PETITIONERS (BY SRI MALLIKARJUN N K, ADVOCATE)

AND:

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH "T" BLOCK, JAYANAGAR BENGALURU - 560011 REPD. BY ITS REGISTRAR ...RESPONDENT (BY SMT. FARAH FATHIMA, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO GRANT APPROVAL OF ADMISSION TO THE PETITIONER NO.2 ADMITTED TO THE PETITIONER NO.1- COLLEGE TO HER BAMS COURSE AND PERMIT HER TO PROSECUTE RESPECTIVE COURSE WITHOUT INTERRUPTION; AND ETC.

IN WP NO.3070 OF 2022

BETWEEN:

1 . AYURVEDIC MEDICAL COLLEGE AND PG CENTRE, NO. 405/1, OPP. BATHI LAKE ASHWINI NAGARA, P B ROAD DAVANAGERE-577 566.

REPRESENTED BY ITS PRINCIPAL DR. GNANESHWARA

2 . DR. KIRAN K S/O KUMARASWAMY D B AGED ABOUT 25 YEARS NO.337/122C, SIDDESHWARA NILAYA BEHIND KSRTC BUS STAND GANESH LAYOUT, NITUVALLI ROAD DAVANAGERE-577 002.

3. AKHILESH S/O KUMARISH N SHIVASHIMPI AGED ABOUT 21 YEARS R/AT JAYANAGAR 'B' BLOCK, DAVANAGERE-577 002.

...PETITIONERS

(BY SRI MALLIKARJUN N K, ADVOCATE)

AND

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH "T" BLOCK, JAYANAGAR BENGALURU - 560011 REPD. BY ITS REGISTRAR ...RESPONDENT (BY SMT. FARAH FATHIMA, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO GRANT APPROVAL OF ADMISSION TO THE PETITIONER NO.2 AND 3 ADMITTED TO THE PETITIONER NO.1 COLLEGE TO THE M.S. (AYU), SHALYA TANTRA COURSE AND 1ST YEAR B A M S RESPECTIVELY AND PERMIT THEM TO PROSECUTE THEIR RESPECTIVE COURSES WITHOUT INTERRUPTION.

IN WP NO.3108 OF 2022

BETWEEN:

1 AMRUTHA AYURVEDA MEDICAL COLLEGE AND HOSPITAL BEHIND ONAKE OBAUVVA STADIUM CHITRADURGA-577 501.

REPRESENTED BY ITS PRINCIPAL SRI M S SATHYANARAYANASWAMY

2. NANOTE MANJU SHIVAJI D/O SHIVAJI RAMDAS NANOTE AGED ABOUT 21 YEARS R/AT GIRIGA COLONY, HIVARKHEDA ROAD JAMNER, JALGAON MAHARASHTRA-424 206.

3. SAKSHI JAIS D/O RAMESH KUMAR JAIS

AGED ABOUT 20 YEARS R/AT HOUSE NO.E-467 HTTP COLONY, KAILASH VIHAR DARRI KOBRA WEST WARD NO.37 JAMNIPALI, CHATTISGARH-495 450 ...PETITIONERS (BY SRI MALLIKARJUN N K, ADVOCATE)

AND:

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH "T" BLOCK, JAYANAGAR BENGALURU - 560011 REPD. BY ITS REGISTRAR ...RESPONDENT (BY SMT. FARAH FATHIMA, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO GRANT APPROVAL OF ADMISSION TO THE PETITIONER NO.2 AND 3 ADMITTED TO THE PETITIONER NO.1-COLLEGE FOR UNDER GRADUATE COURSE IN BAMS AND PERMIT THEM TO PROSECUTE THEIR RESPECTIVE COURSES WITHOUT INTERRUPTION; AND ETC.

IN WP NO.3602 OF 2022

BETWEEN:

1. RAMAKRISHNA AYURVEDIC MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE NO.54/2, RAMAGONDANAHALLI, YELAHANKA BENGALURU-560064.

REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER SRI ANIL KUMAR G.

2. DR ASHISH

S/O NARENDRA DUTT GAUR AGED ABOUT 28 YEARS D-1/505, GALI NO.4 ASHOK NAGAR, SHARADHAMANDI NORTH EAST DELHI-110093.

3. DR. DEEPAK CHAUN S/O CHANDRABHUKHAN CHAUN AGED ABOUT 31 YEARS, SAHARA JAMN, MAU UTTAR PRADESH-275101.

4. DR. SOLANKI VIKRAM SINHA BACHUJI S/O SOLANKI BACHUJI AGED ABOUT 31 YEARS, NO.35, DHARANIDHAR BUNGLOWS TEEN HANUMAN MANDIR ROAD DEESA BANSKANTHA GUJURATH-385535.

5. DR. KALYANAPU HARIKRISHNA S/O KALYANAPU SATYANARAYANA AGED ABOUT 28 YEARS, 6-79, MAHALAKSHMI TREE STREET NAKALAMPEL POST ANDHRA PRADESH-521180

6. DR. JOSHI PRANAV KUMAR S/O BALAVANTRY AGED ABOUT 32 YEARS, BLOCK NO.7, SIDDIVINAYAK SOCIETY CHITTAL ROAD, AMVELI DISTRICT GUJARAT-365 601.

7. DR. VIVEK SU S/O SANTHOSH KUMAR AGED ABOUT 27 YEARS,

ADDRESS: KUMAR BHAVAN THENNWRKONAM KOTTAPPURAM PO VIZHINJAM TRIVANDRUM KERALA-695521 ...PETITIONERS (BY SRI MALLIKARJUN N K, ADVOCATE)

AND

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH "T" BLOCK, JAYANAGAR BENGALURU - 560011 REPD. BY ITS REGISTRAR ...RESPONDENT (BY SRI HARISH GANAPATHY, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO GRANT APPROVAL OF ADMISSION TO THE PETITIONER NOS. 2 TO 7 ADMITTED TO THE PETITIONER NO.1-COLLEGE TO THEIR RESPECTIVE POST GRADUATE COURSE IN MD AND PERMIT THEM TO PROSECUTE THEIR RESPECTIVE COURSES WITHOUT INTERRUPTION; AND ETC.

IN WP NO. 3668 OF 2022

BETWEEN

1. KARAVALI AYURVEDIC MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE, NEERMARGA MANGALORE-575 029 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER SRI ANIL KUMAR G

2. HARSHAL PADMAKUMAR PATIL AGED ABOUT 18 YEARS

S/O PADMAKAR DAGADU PATIL R/AT POST DIGHASHI, TAL BHIWANDI, DISTRICT THANE-421 302 MAHARASHTRA.

3. SUMIT SUNIL THAKRE AGED ABOUT 18 YEARS S/O SUNIL DAMODAR THAKARE NO.B/304, GAURI PRASAD CHS PARSIK NAGAR KHAAREGAON KALWA, THANE MAHARASHTRA-4000605

4. DIVYANI RAJENDRA KHOND D/O RAJENDRA KHOND AGED ABOUT 19 YEARS, R/AT ALLIPUR TAHSIL HINGANGHAT WARDHA DISTRICT MAHARASHTRA-442 301

5. PRATHIBHA PRABHAKAR RAVAJI AGED ABOUT 19 YEARS, D/O PRABHAKAR B RAVAJI R/AT C/O MUTTAPPA PATIL HOME INAM HANCHINAL POST, INAM HANCHINAL BILAGI TALUK BAGALAKOT DISTRICT-587117.

6. DISHA PANDIT JADHAV D/O PANDIT BALIRAM JADHAV AGED ABOUT 18 YEARS, R/AT SHANTI NIWAS MAHESH NAGAR, NEAR TO MONORA CHAUK DIGRAS YAVATMAL DISTRICT MAHARASHTRA-4452003

7. SUMAIYA D/O A FAYAZ AGED ABOUT 18 YEARS R/AT NO.09, P AND T LAYOUT, 2ND STAGE 2ND PHASE, RAJIVNAGAR RING ROAD MYSURU-570 019.

.... PETITIONERS (BY SRI MALLIKARJUN N K, ADVOCATE)

AND

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH "T" BLOCK, JAYANAGAR BENGALURU - 560011 REPD. BY ITS REGISTRAR ...RESPONDENT (BY SRI HARISH GANAPATHY, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO GRANT APPROVAL OF ADMISSION TO THE PETITIONER NOS. 2 TO 7 ADMITTED TO THE PETITIONER NO.1-COLLEGE TO THEIR RESPECTIVE UNDER GRADUATE COURSE IN BAMS AND PERMIT THEM TO PROSECUTE THEIR RESPECTIVE COURSES WITHOUT INTERRUPTION.

IN WP NO.714 OF 2022

BETWEEN

1. HMS UNANI MEDICAL COLLEGE AND HOSPITAL SADASHIVA NAGAR 2ND STAGE MARLUR POST TUMAKURU REP. BY ITS PRINCIPAL DR. ZAKIR HUSSAIN V

2. TAQIYYAH KUBRA

S/O MOHAMMED NEMATHULLA AGED ABOUT 19 YEARS

3. AALIYA JAMALA S/O ABDU MAJID AGED ABOUT 20 YEARS

4. ZOHREEN SULTAN K Z S/O ZABIULLA K AGED ABOUT 21 YEARS

5. AYESHA KHANUM S/O PYARE JAN AGED ABOUT 19 YEARS

6. HIRFANA SHIRIN P S/O HANEEFA AGED ABOUT 21 YEARS

PETITIONER NOS. 2 TO 6 ARE STUDENTS OF 1ST PETITIONER COLLEGE

....PETITIONERS (BY SRI SHIVARUDRA, ADVOCATE)

AND

THE REGISTRAR RGUHS, 4TH T BLOCK JAYANAGAR BENGALURU -560 041.

....RESPONDENT (BY SMT. FARAH FATHIMA, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE CASE OF PETITIONER STUDENTS 2 TO 6 BY APPROVING THEIR ADMISSION AS THE

ADMISSION FEES IS ALREADY PAID TO THE RESPONDENT AND ETC.,

IN WP NO. 3686/2022

BETWEEN:

1. ROHIT SATYA MATHUR AGE 25 YEARS

2. KEHAKASHA AZIM SAYYED AGE 20 YEARS

3. ABHISHEK TUKARAM TARGE AGE 19 YEARS

4. AKSHAYKUMAR ARJUN DONGARE AGE 19 YEARS

5. CHITRANSHKUMAR RAM YADAV AGE 18 YEARS

6. SHIVANAND SANGAPPA MAINDARGIKAR AGE 19 YEARS

7. BABARAJE SUNIL GADE AGE 19 YEARS

8. RAM SANJAY PADOLE AGE 20 YEARS

9. PRANAV KISHOR PATIL AGE 20 YEARS

10. YOGESH SUBHASH PATIL AGE 20 YEARS

11. SHRINATH VIJAY DISAGAJ AGE 20 YEARS

12. SAKSHI LAXMAN ADMANE AGE 20 YEARS

13. PRATHIKSHA BABAN MALGUNDE AGE 20 YEARS

14. POOJA SHAMRAO GAVIT AGE 21 YEARS

15. ANUSHKA SUBHASH PACHARNE AGE 20 YEARS

16. AYUSHKA SUBHASH PACHARNE AGE 20 YEARS

17. PRAJAKTA DANESH PATIL AGE 19 YEARS

18. GAYATRI ARJUN JAGTAP AGE 18 YEARS

19. MINAL VINAYAK MAHAJAN AGE 20 YEARS

20. IRAYYA BASAYYA HIREMATH AGE 19 YEARS

21. LIKITH BASAVARAJAPPA R AGE 21 YEARS

22. SIDDALINGESH BASAVARAJ SANGOLLI AGE 21 YEARS

23. MUSKAN BANU D/O MUKTHIYAR AHMED AGE 19 YEARS

24. ELANGBAM LINDA DEVI D/O CHOBA SINGH

AGE 22 YEARS

25. VYSHNAVI SRINIVASARAO NAKKALA AGE 19 YEARS

26. TANGELLA SANJANA DAMAYANTHI DEVI D/O T. TRIMURTULU AGE 18 YEARS

27. JAHNVI SURESH DESAI AGE 19 YEARS

28. NUTAN ASHOK KORE AGE 19 YEARS

29. ARCHANAKUMARI DIRENDRA SINGH AGE 23 YEARS

30. PRAJAKTA KAKASAHEB POKALE AGE 20 YEARS

31. SREELAKSHMY T MANY AGE 20 YEARS

32. ALVA'S HOMOEPATHIC MEDICAL COLLEGE MOODBIDRI, D.K REPRESENTED BY IS PRINCIPAL DR. HERALD ROSHAN PINTO W/O WILLIAM PINTO S/O WILLIAM PINTO AGED ABOUT 50 YEARS

PETITIONERS 1 TO 31 ARE STUDENTS OF 1ST YEAR BHMS COURSE AT ALVA'S HOMEOPATHIC MEDICAL COLLEGE, MOODBIDRI) ...PETITIONERS (BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)

AND:

1. RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCES "T" BLOCK, JAYANAGAR BENGALURU -560 011.

REPD. BY ITS REGISTRAR

2. RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCES "T" BLOCK, JAYANAGAR BENGALURU -560 011.

REPD. BY ITS VICE CHANCELLOR ...RESPONDENTS (BY SRI HARISH GANAPATHY, ADVOCATE FOR SRI M G HARISH, ADVOCATE FOR R1 AND 2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS 1 AND 2 APPROVE THE ADMISSION OF THE PETITIONERS 1 TO 31, ADMITTED TO THE BHMS COURSE FOR THE ACADEMIC YEAR 2020-21 AND DECLARE THAT THEY ARE ENTITLED TO CONTINUATION OF THEIR STUDIES BY GRANT OF APPROVAL OF THEIR ADMISSIONS.

IN WP NO. 3810 OF 2022

BETWEEN

1. ROSY ROYAL COLLEGE OF HOMEOPATHEIC MEDICAL COLLEGE AND HOSPITAL, SY.NO.1/2, MALLAPURA, KASABA HOBLI, NELAMANGALA, BENGALURU - 562162, REPRESENTED BY PRINCIPAL DR.SYED SIDDEEQ AHMED, AGED ABOUT 57 YEARS.

2. MR. RAJAT SINGH S/O MR. PRAVADARA SINGH, AGED ABOUT 19 YEARS, R/AT GULARIA VILLAE, AMROHA, UTTAR PRADESH 244221.

3. MS. AMOLIK PRATIK RAJESH D/O MR. DIPALI, AGED ABOUT 23 YEARS, R/AT WARD NO.11 SOMWAR PETH ROAD, SINDHKEDH RAJA MAHARASHTRA - 443203.

4. MR. GAURAV TRIPATHI S/O MR. SUDHAKAR TRIPATHI, AGED ABOUT 24 YEARS, R/AT ALLAHABAD UTTAR PRADESH.

5. MS. GULAWE PRADNYA PRADEEP D/O MRS. DARSHANA, AGED ABOUT 19 YEARS, R/AT VRINDAVAN APARTMENT G-3, BHARAD MALAVAN, PUNE, MAHARASHTRA 416606.

6. MR. ARUGOLLU BHANU PRAKASH S/O MR. RUGOLLU DURGA RAO, AGED ABOUT 24 YEARS, R/AT 8-142, SC COLONY, NALLAJARIA, JERIA WEST, GODAVARI, ANDHRA PRADESH.

7. MR. SHYAM GV S/O MR. VG VASUDEVAN, AGED ABOUT 19 YEARS,

R/AT NO.210/2B/14-A, BOMBAY CHAL GOKAK, BELAGAUM 591307.

8. MR. VINAYAK DEVARAMANI S/O MR. RAMAKRISHNA, AGED ABOUT 23 YEARS, R/AT NO.210/2B/40-A, BOMBAY CHAL GOKAK, BELAGAUM 591307.

9. MR. KHALIFA FAIZ MOHAMMED S/O MR. HANIF, AGED ABOUT 24 YEARS, R/AT PANCHPISWADI, BAHARPURA DHORAJI, RAJKOT, GUJARAT - 360410.

...PETITIONERS (BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)

AND

1. RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCES 4TH "T" BLOCK, JAYANAGAR BENGALURU -560 011.

REPD. BY ITS REGISTRAR

2. RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCES 4TH "T" BLOCK, JAYANAGAR BENGALURU -560 011.

REPD. BY ITS VICE CHANCELLOR ...RESPONDENTS (BY SRI HARISH GANAPATHY, ADVOCATE FOR SRI M G HARISH, ADVOCATE FOR R1 AND 2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS 1 AND 2 APPROVE THE ADMISSION OF THE

PETITIONERS 2 TO 9, ADMITTED TO THE BHMS COURSE IN THE PETITIONER NO.1 COLLEGE FOR THE ACADEMIC YEAR 2020-21 AND DECLARE THAT THEY ARE ENTITLED TO CONTINUATION OF THEIR STUDIES BY GRANT OF APPROVAL OF THEIR ADMISSIONS AND ETC.,

THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

In these writ petitions, common question of law is with

regard to approval of admission of the petitioners to first year

BAMS, BHMS, BUMS for Post-Graduate, i.e. M.S.(Ayu.) Shalya

tantra courses. The common ground urged and challenged in

these writ petitions is that the petitioners' admission to the

respective courses has not been approved by the respondent-

University and as such, the University has not uploaded the list

of students to substantiate that the students were admitted by

31st March, 2021. It is the grievance of the petitioners/students

that the State Government has allotted seats to the petitioners-

College through eligibility test conducted thereon, and the

respondent-University has issued eligibility certificate to the

petitioners-students and as such, petitioners-students are

eligible for admission to the respective colleges and also have

right to appear for examination for the respective courses for

academic year 2020-2021. In this regard, Sri Shivaprasad

Shantanagoudar, learned counsel appearing for the petitioners

has filed memo along with the list of authorities in Writ Petition

No.100682 of 2022 disposed of on 21s April, 2022; Writ Petition

No.100529 of 2022 disposed of on 13th April, 2022; and Writ

Petition No.100671 of 2022 disposed of on 21st April, 2022 and

argued that in the aforementioned writ petitions, the identical

issue relating to admission and approval of students for

respective courses was considered by this Court and the writ

petitions came to be allowed. Therefore, he sought for similar

orders in these writ petitions also.

2. Sri Shivarudra, learned counsel appearing for the

petitioners in Writ Petitions No.4137 of 2022 and 714 of 2022

argued on the similar lines and further submitted that the

petitioners college and the students mentioned in the writ

petitions are also seeking identical orders with regard to

admission and approval for first year BHMS and BUMS courses

respectively.

3. In respect of Writ Petitions No.3070 of 2022 and 1156

of 2022 are concerned, learned Counsel Sri Mallikarjuna N K,

argued that these writ petitions have been filed with regard to

the admission of P.G. MS (Ayu) Shalya tantra course and he

further contended that the judgments placed by Sri Shivaprasad

Shantanagourdar, covers the field and as such, the learned

counsel appearing for the petitioners, in chorus, submitted that

these petitions are to be disposed of in terms of the order

passed by this Court in the aforementioned writ petitions.

4. Per contra, Smt. Farah Fathima, learned counsel

appearing for the respondent-Rajiv Gandhi University of Health

Science sought to distinguish the order passed by this Court in

the aforementioned writ petitions and she further submitted that

the said judgments referred to by the learned counsel for the

petitioners is not applicable to the case of the petitioners herein.

She submits that in these writ petitions, excess admissions have

been made by the colleges in derogation of the

Rules/Regulations. She also referred to the judgment of this

Court in the case of VYDEHI INSTITUTE OF DENTAL SCIENCES

AND RESEARCH CENTRE v. STATE OF KARNATAKA reported in

ILR 2015 KAR 4086 and argued that strict adherence has to be

made with regard to the admissions and particularly, insofar as

the petitioners are concerned and as such, she submitted that

the admission made by the respective colleges is without

following the required mandatory regulations and therefore, she

submitted that writ petitions are liable to be dismissed. Sri

Harish Ganapathi, learned counsel, supported the defence raised

by Smt. Farah Fathima, learned Counsel.

6. In the light of the submission made by the learned

counsel appearing for the parties, on perusal of the orders in the

aforementioned writ petitions, the aspects to be considered in

these writ petitions are whether respondents 1 and 2-University

is required to approve the admission of the petitioner-students

to the various courses, viz. BHMS, BAMS, BUMS and Post-

Graduate MS (Ayu) Shalya tantra. In this regard, I have

carefully considered the order passed by this Court in the

aforementioned writ petitions. In Writ Petition No.100682 of

2022 decided on 21st April, 2022, the nature of relief sought for

in the said writ petition is with regard to admission to BAMS

course for the academic year 2020-2021 and this Court,

following the earlier decision of this Court in Writ Petition

No.100529 of 2022, had disposed of the writ petition by issuing

a writ of mandamus to the respondent-University to approve the

admission of the petitioners therein for the academic year 2020-

2021.

7. Insofar as Writ Petition No.100529 of 2022 disposed of

on 13th April, 2022, the matter relates to admission to BAMS

Course for the year academic year 2020-2021 and this Court,

considering the grievance of the parties therein and taking into

account that the petitioner No.6 therein being Ayurvedic Medical

College, partly allowed the writ petition with a direction to the

college as well as the University for approval of admission within

the stipulated period i.e. on or before 04th May, 2022.

8. In Writ Petition No.100671 of 2022 decided on 21st

April, 2022, the matter relates to the admission for BHMS Course

for the academic year 2020-2021 and this Court allowed the writ

petition by issuing a writ of mandamus to the respondent-

University to approve the admission of the petitioners therein.

9. It is also submitted at the bar that, this Court has

granted interim order in the writ petitions allowing the

petitioner-students to appear in examinations and the petitioners

have appeared for examinations. Taking into account the prayer

made in the aforementioned writ petitions, as well as, the

decision rendered in the aforesaid writ petitions, the judgment

referred to by the learned Counsel appearing for the respondent-

University in VYDEHI INSTITUTE OF DENTAL SCIENCES (supra),

is not applicable to the case on hand as the orders passed by

this Court in the aforementioned writ petitions relates to the

academic year 2020-2021 and therefore, I am of the view that

the prayer made in these writ petitions are similar to the one

raised and considered in the aforementioned writ petitions, and

therefore, following the law declared by this Court referred to

above, so also, considering the fact that this Court had granted

interim order allowing the petitioners herein to write

examinations, these petitions are liable to be allowed. In the

result, I pass the following:

ORDER

1. Writ petitions are allowed;

2. Writ of mandamus is issued to the respondent-

University to approve the admission of the petitioners- students in the petitioner-Colleges for the academic year 2020-21 upon the petitioners making the payment of sum of Rs.5,000/- of its own pocket without charging the same from the petitioner- students within a period of two weeks from the date of receipt of certified copy of this order, the same shall be considered by the respondent-Universities within a period of two weeks thereafter;

3. The petitioners having been participated in the examinations by virtue of an interim order, Respondent-Universities are directed to announce the results of the petitioner-students forthwith.

Ordered accordingly.

Sd/-

JUDGE lnn