Kundapura Rural Ayurveda Medical ... vs The Registrar
2023 Latest Caselaw 4793 Kant

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                                                 NC: 2023:KHC:25604
                                                  WP No. 15695 of 2023




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 24TH DAY OF JULY, 2023

                                        BEFORE

                 THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                     WRIT PETITION NO.15695 OF 2023 (EDN-RES)

            BETWEEN:

            1.    KUNDAPURA RURAL AYURVEDA
                  MEDICAL COLLEGE
                  KOTESHWARA
                  KUNDAPURA
                  REPRESENTED BY ITS PRINCIPAL
                  DR.S.G.PRASANNA AITHAL

            2.    KENDRE VAISHNAVI BALAJI
                  D/O BALAJI NIVRUTTI KENDRE
                  AGED ABOUT 19 YEARS

Digitally   3.    AHER GANESH DADASAHEB
signed by         S/O DADASAHEB
ALBHAGYA          AGED ABOUT 21 YEARS
Location:
HIGH        4.    TUSHAR SHUROSHE
COURT OF
KARNATAKA         S/O VAMAN SUROSHE
                  AGED ABOUT 21 YEARS

            5.    RAUT SRUSHTI RAJESH
                  D/O RAJESH RAUT
                  AGED ABOUT 19 YEARS

            6.    DHATRAK GANGAPRASAD
                  S/O KISHAN RAO DHATRAK
                  AGED ABOUT 21 YEARS
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                                            NC: 2023:KHC:25604
                                             WP No. 15695 of 2023




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

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

AND:

    THE REGISTRAR
    RGUHS
    4TH T BLOCK
    JAYANGAR
    BENGALURU - 560041

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

       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT      TO   APPROVE          THE    ADMISSIONS   OF   THE
                           ST
PETITIONER 2 TO 6 FOR 1         YEAR BAMS COURSE FOR THE
ACADEMIC YEAR 2022-23 AS THE ADMISSION FEES IS ALREADY
PAID TO THE RESPONDENT AND ETC.

       THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

Smt.Farah Fathima, learned counsel is directed to

accept notice for respondent.

2. The captioned writ petition is filed by the college

and students seeking mandamus against respondent -

NC: 2023:KHC:25604 WP No. 15695 of 2023

University to approve the admission of petitioner Nos.2 to

6 for 1st year BAMS Course for the academic year

2021-22. A mandamus is also sought to permit petitioner

Nos.2 to 6 to take up first year examination scheduled on

27.07.2023 by accepting the examination fee and a

request is also made to approve the admissions of

petitioner Nos.2 to 6.

3. The facts of the present case is squarely covered

by the judgment rendered by this Court in

W.P.Nos.13658/2023 and 11214/2023 as they are found

to be identical.

4. In the present case on hand, this Court would find

that petitioner No.1 - College has admitted the present

petitioner Nos.2 to 6 after cut off date. The list sent by

the petitioner No.1 - College contradicts the college stand

taken in the captioned writ petition. The names of the

petitioner Nos.2 to 6 are not found in the list, which is

uploaded by petitioner No.1 - College at the first instance.

NC: 2023:KHC:25604 WP No. 15695 of 2023

Therefore, in all probability, petitioner No.1- College has

admitted these students after cut off date.

5. It is also borne out from the records that no

attempt is made by petitioner No.1 - College to upload the

original documents of these students, if they had really

uploaded and admitted the present petitioner Nos.2 to 6.

6. In the judgment cited supra, this Court taking

lenient view bearing in mind the students' interest has

issued a mandamus to the respondent - University to

approve the admissions subject to the conditions indicated

in the said judgments. The present petition also deserves

to be allowed on the same lines by imposing cost of

Rs.10,00,000/- on the petitioner No.1 - College.

7. For the reasons stated supra, I proceed to pass

the following order;

ORDER

(i) Writ Petition is allowed.

NC: 2023:KHC:25604 WP No. 15695 of 2023

(ii) The Respondent University is hereby directed to approve the admission of petitioner Nos.2 to 6 and permit them to pursue the 1st year BAMS course and attend the examination, subject to petitioner No.1 - College depositing a cost of Rs.10,00,000/- with Jayadeva Institute of Cardiovascular Sciences and Research, Bengaluru within a period of four weeks.

(iii) The petitioner No.1 - College shall submit undertaking to the respondent - University that it will not repeat such mistake of admitting the students beyond cut-off date. In the event, there is a violation in admitting the students beyond cut off date in the next academic year, the respondent - University is at liberty to hold an enquiry and withdrawn the affiliation of the respondent No.1 - College, if situation warrants.

(iv) Having admitted the students beyond cut-off date, petitioner-Medical College shall surrender five management seats to

NC: 2023:KHC:25604 WP No. 15695 of 2023

the Government during the next academic year.

(v) Since ensuing examinations are scheduled on 25.07.2023, the respondent

- University shall issue hall tickets of the students and permit the students to take the examination.

Sd/-

JUDGE

NBM