Karnataka High Court

Mr.Anthony Peter J vs The State Of Karnataka on 17 April, 2023

Bench: Alok Aradhe, Vijaykumar A Patil

                                               -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)
                           - 17 -
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    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. 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. 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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                                  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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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

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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

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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

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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

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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

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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

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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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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

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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

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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.

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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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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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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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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.