Karnataka High Court
Rajiv Gandhi University Of Health ... vs Ms Sahana Kalasagond on 28 June, 2024
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WA No. 241 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE C M JOSHI
WRIT APPEAL NO. 241 OF 2022 (EDN-RES)
BETWEEN:
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK,
JAYANAGAR,
BENGALURU -560 041,
REPRESENTED BY REGISTRAR EVALUATION.
...APPELLANT
(BY MRS. FARAH FATHIMA., ADVOCATE)
AND:
1. MS. SAHANA KALASAGOND,
D/O, BASAVARAJ KALASAGOND,
Digitally AGED ABOUT 19 YEARS ,
signed by K G
RENUKAMBA R/AT LADIES HOSTEL,
Location: S NIJALINGAPPA MEDICAL COLLEGE,
High Court of
Karnataka BAGALKOT - 587 102,
STUDENT OF S NIJALINGAPPA MEDICAL COLLEGE
BAGALKOT.
2. MR. VINAYAK ARUN KATHARI,
S/O ARUN KATHARI,
AGED ABOUT 19 YEARS,
R/AT KATHARI NURSING HOME
JOSHI GALLI ILAKAL BAGALAKOT - 587 125,
STUDENT OF S NIJALINGAPPA MEDICAL COLLEGE
BAGALKOT.
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WA No. 241 of 2022
3. MS. VINEETHA ARUN KATHARI,
S/O ARUN KATHARI,
AGED ABOUT 19 YEARS,
R/AT KATHARI NURSING HOME
JOSHI GALLI ILAKAL BAGALKOT - 587 125,
STUDENT OF S NIJALINGAPPA MEDICAL COLLEGE
BAGALKOT.
4. MR. ROHAN SATIHAL,
S/O SABU SATIHAL,
AGED ABOUT 20 YEARS,
NO.511, SECTOR 3 SHIVABASAVANAGAR,
BELGAUM - 590 010,
STUDENT OF S NIJALINGAPPA MEDICAL COLLEGE
BAGALKOT.
5. MR. ROHAN PATIL,
S/O NINGANGOUDA PATIL,
AGED ABOUT 20 YEARS,
R/AT FLAT NO.1 CTS NO.936
CHANDRAMOULI COLONY,
RAKMINI NAGAR,
BELGAUM - 590 016,
STUDENT OF S NIJALINGAPPA MEDICAL COLLEGE
BAGALKOT.
6. MS. SINCHANA S NAIK,
D/O. SURESH NAIK K.N,
AGED ABOUT 20 YEARS,
R/AT 2868/1718
SINCHANA JEEVAN BHIMANAGAR
BEHIND T V STATION,
PUMP HOUSE ROAD,
DAVANAGERE -577 004,
STUDENT OF S NIJALINGAPPA MEDICAL COLLEGE
BAGALKOT.
7. MR. SHANKAR S BAGADE,
S/O K S BAGADE,
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WA No. 241 of 2022
AGED ABOUT 21 YEARS,
R/AT JAYANAGAR SHIGGAON,
HAVERI,
STUDENT OF S NIJALINGAPPA MEDICAL COLLEGE
BAGALKOT.
8. MR. ABHISHEK YARAZARI,
S/O. MALLAPPA YARAZARI,
AGED ABOUT 21 YEARS,
R/AT NO.124 BASAVA NILAYA BAGALKOT ROAD,
VIJAYAPURA -586 101,
STUDENT OF S NIJALINGAPPA MEDICAL COLLEGE
BAGALKOT.
9. MS. HAMSINI SUDHEENDRA,
D/O. SUDHEENDRA P R,
AGED ABOUT 22 YEARS,
R/AT VISHISHTA 7TH CROSS,
A BLOCK, SHARAVATHINAGAR,
SHIVAMOGGA -577 201,
STUDENT OF S NIJALINGAPPA MEDICAL COLLEGE
BAGALKOT.
10. MS. B M RAKSHITA GOULI,
D/O B MANJUNATH,
AGED ABOUT 21 YEARS,
R/AT MANJUNATH NILAYA,
TALUQ OFFICE ROAD,
SHIKHARIPURA,
SHIVAMOGGA - 577 427,
STUDENT OF S NIJALINGAPPA MEDICAL COLLEGE
BAGALKOT.
11. MS. LAKSHMI J KALAL,
D/O JANGA LIBA,
AGED ABOUT 21 YEARS,
R/AT BURUD GALLI NEAR,
MAHALINGESHWAR TEMPEL,
MUDHOL,
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BAGALKOT - 587 313,
STUDENT OF S NIJALINGAPPA MEDICAL COLLEGE
BAGALKOT.
12. MS. PRIYANKA METI,
D/O NAGAPPA METI,
AGED ABOUT 22 YEARS,
R/AT S K COLLEGE OPPOSITE SAJJAN LAYOUT
NEAR NEW PRASHANTH DRESSES,
THALIKOTI, VIJAYAPURA -586 214,
STUDENT OF S NIJALINGAPPA MEDICAL COLLEGE
BAGALKOT.
13. MR. TARUN P L,
S/O LINGEGOWDA P L,
AGED ABOUT 21 YEARS,
CHIKKANAHALLI GOPANAHALLI,
CHALLAKERE TQ,
CHITRADURGA -577 522.
14. MS. SAKSHI G S,
D/O DR SANATH KUMAR,
AGED ABOUT 21 YEARS,
R/AT 7TH CROSS, TULASI ROAD,
GOKULA EXTENSION,
TUMAKURU - 572 104,
STUDENT OF S NIJALINGAPPA MEDICAL COLLEGE
BAGALKOT.
15. MS. B SOUDNARYA,
D/O NIRANJAN BALE,
AGED ABOUT 21 YEARS,
R/AT NO.6-2-68/5,
AMARKER LAYOUT,
RAICHUR - 584 103,
STUDENT OF BGS MEDICAL COLLEGE
BENGALURU.
...RESPONDENTS
(BY SRI. PRADEEP C PATIL., ADV FOR C/R1)
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WA No. 241 of 2022
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE
THE ORDER DATED 07/10/2021 PASSED BY THE LEARNED
SINGLE JUDGE OF THIS HON'BLE COURT IN WP
NO.13626/2021 AND GRANT SUCH OTHER RELIEFS AND
ETC.,.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
V KAMESWAR RAO J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo
for withdrawal of the appeal dated 28.06.2024 which reads
as under:
"The appellant herein had filed above appeal being
aggrieved by judgment dated 7.10.2021 passed in
WP No.13626/2021 and connected cases by the
Learned single judgment, quashing ordinance dated
1.02.2021 stating that the same is in violation of
Section 35 of RGUHS Act along with various other
directions. During the pendency of the above appeal,
the appellant university has promulgated ordinance
dated 5.09.2022 in compliance of Section 35 of
RGUHS Act and the same is also upheld by the
coordinate Division bench of this Hon'ble Court in WA
No.1208/2022 in case of RGUHS Vs. Samarth S
observing that the ordinance is in compliance of
Section 35 of RGUHS Act. Further the ordinance
dated 5.09.2022 is also upheld by the various
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coordinate benches of this Hon'ble Court in WP
No.11688/2023 and connected cases and Wp
no.13375/2023 and connected cases. Therefore it is
prayed that this Hon'ble Court may be pleased to
take the above memo on record and dispose the
above case as withdrawn, in the interest of justice."
2. Learned counsel appearing for respondent
No.1/caveator contesting party has no objection in that
regard.
3. In view of the contents of the memo and
reiteration of the prayer by the learned counsel for the
appellants, the appeal is dismissed as withdrawn.
4. In view of the dismissal of the main appeal,
I.A.No.6/2022 does not survive for consideration and the
same is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
