Karnataka High Court
Ms. Afifa Azmi vs Rajiv Gandhi University Of Health ... on 21 January, 2025
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NC: 2025:KHC:2359-DB
WA No. 1771 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT APPEAL NO. 1771 OF 2024 (EDN-RES)
BETWEEN:
1. MS. AFIFA AZMI
D/O MD. RAISUL AZAM,
AGE: 23 YEARS,
UNI REG. NO. 21M5059
R/O M.V.J. MEDICAL COLLEGE GIRLS HOSTEL
NH75, 30TH MILE, DANDUPALYA VILLAGE,
HOSKOTE, BENGALURU - 562 114.
2. MS. IRENE LALRINAWMI
D/O P.B. SANGDINGLJANA
AGE: 22 YEARS,
Digitally signed by UNI. REG. NO. 21M5196
MAYAGAIAH VINUTHA
Location: HIGH COURT R/O M.V.J MEDICAL COLLEGE GIRLS HOSTEL
OF KARNATAKA NH75, 30TH MILE, DANDUPALYA VILLAGE,
HOSKOTE, BENGALURU - 562 114.
3. MR. MODI RUTUL NARENDRAKUMAR
S/O MR. NARENDRA A MODI,
AGE: 22 YEARS, UNI REG.NO.20M5205
R/O A-20, AKSHATAM 1 BUNGLOWS
NEAR UPASANA SCHOOL,
AKESHAN ROAD, PALANPUR
GUJARAT - 385 001.
4. MS. SHAMA P.J.
D/O JAYASHANKAR MURTHY P.O.,
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WA No. 1771 of 2024
AGE: 21 YEARS,
UNI REG. NO. 21M4853
R/O JAYASHANKAR MURTHY,
PANCHANAHALLI P.O.
CHICKMAGALUR - 577 182.
5. MS. BHOOMIKA R GOWDA
D/O MR. R RAMEGOWDA,
AGE: 21 YEARS,
UNI. REG. NO. 21M7517
R/O NO.47, ANJANDRI NILAYA,
5TH CROSS, NGF LAYOUT, NAGARBHAVI
14TH BLOCK, BENGALURU - 560 072.
6. MR. SHAIK MOHAMMED AFNAN
S/O MR. KHALEEL SAB,
AGE: 23 YEARS,
UNI. REG. NO. 20M5160
R/O PHOOLSHA MOHALLA
1ST CROSS, KOLAR - 563 101.
7. MS. A.S. DARSHANA SREE,
D/O MR. A SATISH KUMAR,
AGE: 24 YEARS,
UNI. REG. NO. 19M0851
R/O NO. 21/2, 2ND CROSS, G.B.LANE,
COTTONPETE, BENGALURU - 560 053.
8. MR. MOTHISH V.,
S/O MR. VINAYAGAMURTHY G.,
AGE: 23 YEARS,
UNI. REG. NO. 21M5129
R/O NO. 60, 5TH CROSS, 8TH MAIN,
BRINDHAVAN NAGAR, SBM COLONY
MATHIKERE, BENGALURU - 560 054.
9. MR. SUDIP GHOSH,
S/O DIPAK KUMAR GHOSH,
AGE: 23 YEARS,
UNI. REG. NO. 19M2219
R/O H.NO. 464, SECTOR -1C, BOKARO
STREET CITY, BOKARO, JHARKAND - 827 001.
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10. MS. PIDATHALA LAKSHMI PRANAVI,
D/O MR.P.KRISHNAMURTHY,
AGE: 21 YEARS, UNI.REG.NO.21M6039,
FLAT NO.226, S.V.HOMES, K.M.COLONY,
ANANTAPURAMU, ANDHRA PRADESH-515 001.
11. MS. YASHIKALA,
D/O MR.C.ALEMYANGER,
AGED-22 YEARS,
UNI.REG.NO.21M4884,
R/O KIMS'S LADIES HOSTEL,
BANASHANKARI, STAGE 2,
BENGALURU -560 070.
12. MR. RIFAQUAT TAMMIM
S/O MR. MOHAMMED ILIYAS PATHAN,
AGED -22 YEARS,
UNI.REG.NO.21M8380,
R/O NO.121/A, NAKUDHA MOHALLA,
JAMID MASJID, KARWAR,
UTTAR KANNADA-581 352.
13. MR. P.YESHWANTH KUMAR,
S/O MR.B.PRABHU,
AGE: 23 YEARS, UNI.REG.NO.20M6039,
R/O BOYS HOSTEL, SHRIDEVI INSTITUTE OF
MEDICAL SCIENCES AND RESEARCH HOSPITAL,
SIRA ROAD, THUMAKURU-572 106.
...APPELLANTS
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH 'T' BLOCK, JAYANAGAR
BENGALURU - 560 041
REP. BY ITS VICE CHANCELLOR
2. THE REGISTRAR
RAJIV GANDHI UNIVERSITY OF
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WA No. 1771 of 2024
HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR
BENGALURU - 560 041.
3. NATIONAL MEDICAL COMMISSION
POCKET - 14, SECTOR 8,
DWARAKA PHASE - I,
NEW DELHI - 110 077
BY ITS SECRETARY
4. GOVERNMENT OF INDIA
MINISTRY OF HEALTH AND FAMILY WELFARE,
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
NIRMAN BHAVAN, NEW DELHI - 110 011
REPRESENTED BY ITS SECRETARY.
5. M.V.J. MEDICAL COLLEGE AND
RESEARCH HOSPITAL
NH75, 30TH MILE,
DANDUPALYA VILLAGE, HOSKOTE,
BANGALORE RURAL DISTRICT - 562 114
BY ITS DEAN/PRINCIPAL.
6. KEMPEGOWDA INSTITUTE OF
MEDICAL SCIENCES
SIDDANNA LAYOUT,
BANASHANKARI 2ND STAGE,
BENGALURU - 560 070
REPRESENTED BY ITS DEAN/PRINCIPAL.
7. SAPTHAGIRI INSTITUTE OF MEDICAL SCIENCE
AND RESEARCH CENTRE,
NO.15, HESARAGHATTA MAIN ROAD,
NAVY LAYOUT, CHIKKASANDRA
CHIKKABANAVARA,
BENGALURU - 560 090
BY ITS DEAN/PRINCIPAL.
8. EAST POINT COLLEGE OF MEDICAL SCIENCES
AND RESEARCH CENTRE
JNANA PRABHA, EAST POINT CAMPUS,
VIRGO NAGAR POST, AVALAHALLI
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WA No. 1771 of 2024
BENGALURU - 560 049
BY ITS DEAN/PRINCIPAL.
9. SHRIDEVI INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH HOSPITAL,
SIRA ROAD, THUMAKURU - 572 106
BY ITS DEAN/PRINCIPAL
10. KANACHUR INSTITUTE OF MEDICAL SCIENCES,
MANGALORE-THOKKOTTU-KANAJE UNIVERSITY
ROAD, KOTKAR VILLAGE, NATEKAL,
MANGALORE - 575 018
BY ITS DEAN/PRINCIPAL.
...RESPONDENTS
(BY SRI. MAMATA GURURAO KULKARNI, ADVOCATE
FOR R1 & R2,
SRI. N.KHETTY, ADVOCATE FOR R3,
SMT. RESHMA K.THAMMAIAH, CGC FOR R4
RESPONDENTS NO.5 TO 10 ARE SERVED AND
UNREPRESENTED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE INTERIM
ORDER DATED 29.11.2024 PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HONBLE COURT IN WP No-9016/2024, WP No-
9050/2024, WP No-9712/2024, WP No-31139/2024, WP-
31573/2024, WP No-31716/2024 AND WP No-32023/2024 AND
ALLOW THE WP FILED BY THE APPELLANTS AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
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WA No. 1771 of 2024
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
This appeal arose from order dated 29.11.2024, which
was an interim order passed in the group of pending writ
petitions before the learned Single Judge. While challenging the
said order, the grievance of the appellants-petitioners was that
they were entitled to appear in the examination of the subjects
concerned beyond four attempts. As the learned Single has
negatived the said prayer in the said interim order dated
29.11.2024, the instant writ appeal was preferred by the
appellants.
2. In the writ appeal, order dated 05.12.2024 was
passed and the appellants-petitioners were permitted to appear
in the examinations, which were to be held on 6th, 9th, 11 and
13th of December, 2024. At the same time, it was observed that
the appearance of the appellants in the examination shall not
create any right or equity in their favour and that the result of
the examination shall not be declared without the permission of
this Court.
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3. During the pendency of the appeal, the main
proceedings of the writ petitions came to be decided by learned
Single Judge and final order came to be passed on 16.12.2024.
4. When the appeal came up for consideration today,
copy of the said final order dated 16.12.2024 was produced.
5. In the aforesaid view, when the parent proceedings
are already decided and this appeal was against the interim
order passed in those proceedings, the substratum of the
appeal would not survive and it stands disposed of as not
surviving, having become infructuous. The interim order passed
in appeal stands automatically vacated and ceases to operate in
view of non-survival of the appeal.
6. Learned Advocate for the appellants urged that the
interim order was passed on 05.12.2024 to the benefit of the
appellants-students in the present appeal, whereby the
students were permitted to appear in the examination and that
said issue still remains alive for the appellants to be agitate in
the present appeal.
7. The Court fails to appreciate the submission
inasmuch as when the main proceedings are concluded, the
appeal against the interim order would not survive.
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8. The order of the learned Single Judge dated
16.12.2024 disposing of the petitions finally may give a fresh
cause of action to the appellants. It is for the appellants to
consider filing of appropriate proceedings in accordance with
law as may be permitted and if advised.
9. It is clarified that in such proceedings, it will be
open for the appellants-petitioners to make all the prayers, as
may be available in law, in the fresh proceedings, which may
be filed on the basis of the fresh cause of action as indicated
above. In such proceedings, all the contention of both sides will
remains open.
10. The present appeal stands disposed of accordingly.
In view of disposal of the appeal, any interlocutory
application that may be pending, would not survive and stands
accordingly disposed of.
SD/-
(N. V. ANJARIA)
CHIEF JUSTICE
SD/-
(M.I.ARUN)
JUDGE
