Karnataka High Court
Agm Homeopathic Medical College vs Rajiv Gandhi University Of Health ... on 27 November, 2023
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NC: 2023:KHC-D:13833
WP No. 101392 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 101392 OF 2023 (EDN-EX)
BETWEEN:
1. AGM HOMEOPATHIC MEDICAL COLLEGE,
HOSPITAL AND RESEARCH CENTER,
NAVAGRAHA TEERTH KESHTRA,VARUR, HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD,
PIN CODE-581207
R/BY ITS PRINCIPAL
DR. ANAND KULKARNI,
AGED ABOUT 49 YEARS,
OCC. PRINCIPAL AGM HOMEOPATHIC
MEDICAL COLLEGE,
R/O. VARUR, TQ. HUBBALLI,
DIST. DHARWAD-580001.
2. BABAR ROHIT SUKHDEV
S/O. SUKHDEV B. BABAR
AGED ABOUT 22 YEARS.
Digitally signed
by
MOHANKUMAR
MOHANKUMAR B SHELAR
B SHELAR
Date:
2023.12.02
13:51:35 +0530
3. NAKATE SHIVAJI RUTUJA
D/O. SHIVAJI BABURAO NAKATE
AGED ABOUT 19 YEARS.
4. MALI AMRUTA BHIMARAO
D/O. MALI BHIMARAO SADASHIV
AGED ABOUT 20 YEARS.
5. PATIL PRIYANKA TANAJI
D/O. PATIL TANAJI B
AGED ABOUT 20 YEARS.
6. KANADE ARTHARV RAVINDRA
S/O. RAVINDRA B. KANADE
AGED ABOUT 19 YEARS.
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WP No. 101392 of 2023
7. ZOHEB ARIF KHAN S/O. ARIF KHAN
AGED ABOUT 20 YEARS.
8. YADAO APURVA SHEKAR
D/O. YADAO SHEKAR SAHEBRAO
AGED ABOUT 20 YEARS.
9. DESHMUKH ROSHAN PRASAD RAO
AGED ABOUT 22 YEARS,
PETITIONERS NO.2 TO 9
ARE STUDENTS OF AGM HOEOPATHY
MEDICAL COLLEGE,
R/O. JAIN AGM HOSTEL, VARUR,
TQ. HUBBALLI, DIST. DHARWAD,
PIN CODE-581207.
...PETITIONERS
(BY SRI.G I GACHCHINAMATH, ADVOCATE)
AND:
RAJIV GANDHI UNIVERSITY OF HEALTH
SCIENCES, KARNATAKA,4TH T BLOCK,
JAYANAGAR, BENGALURU-560041,
R/BY ITS REGISTRAR.
...RESPONDENT
(BY SRI.GANGADHAR J.M., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT
TO APPROVE THE ADMISSION FORMS VIDE ANNEXURE-C TO
C7 IN RESPECT OF THE PETITIONERS NO.2 TO 9 WHO ARE
PERSUADING THEIR STUDIES IN PETITIONER NO.1
INSTITUTION FOR THE UG (BHMS) COURSE FOR THE
ACADEMIC SESSION 2022-23.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:13833
WP No. 101392 of 2023
ORDER
Heard learned counsel for the petitioners as well as the
learned counsel appearing for the respondent.
Both the learned counsel jointly submit that the issue
involved in this case is covered by the judgment of the
Coordinate Bench of this Court in WP No.3839/2022 and
connected matters and the judgment of the Division Bench of
this Court in WP No.104227/2023.
It is noticed that the Division Bench of this Court in WP
No.104227/2023 has imposed fine of Rs.25,000/- as late fee
for each student.
The late fee is imposed as the documents relating to
students taking admission to college were not uploaded within
the prescribed time. The petitioners are seeking direction to
approve admission of the petitioners No.2 to 9 in petitioner
No.1-Institution.
Consequent to the aforesaid judgment of the Division
Bench of this Court, this Court is of the view that the
petitioners are entitled for similar relief as it is not disputed
that the petitioners are similarly placed. Petitioner No.1-
NC: 2023:KHC-D:13833
Institution shall deposit Rs.25,000/- for each of petitioners No.2
to 9 as late fee. After receipt of the aforementioned amount
the respondents shall approve admission of the petitioners No.2
to 9 in petitioner no.1-Institution. The said amount shall be
paid within a week from the date of receipt of copy of this
order.
Registry to show the name of Sri.Avinash Banakar,
learned counsel for respondent.
Sd/-
JUDGE
