Karnataka High Court
Shankar Narayana vs The Principal on 9 October, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 14655 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.14655 OF 2025 (EDN-RES)
BETWEEN:
SHANKAR NARAYANA,
S/O D. RAMAIAH,
AGED ABOUT 51 YEARS,
F/O DARSHAN S. JAIKRIT,
RESIDING AT NO. 256,
2ND MAIN ROAD, JAGADISH NAGAR,
NEW THIPPASANDRA POST,
BANGALORE - 560 075.
...PETITIONER
(BY SRI. JAGAN MOHAN M. T., ADVOCATE)
AND:
1. THE PRINCIPAL
VYDEHI INSTITUTE OF PHARMACY,
NO. 82, EPIP AREA, NALLURAHALLI,
Digitally signed WHITEFIELD, BANGALORE - 560 066.
by CHANDANA
BM 2. MAJOR USHASHREE KUMAR
Location: High CHIEF OPERATING OFFICER,
Court of VYDEHI GROUP OF INSTITUTIONS,
Karnataka NO.82, EPIP AREA, NALLURAHALI,
WHITEFIELD, BANGALORE - 560 066
3. DR D. A. KALPAJA
CHAIRPERSON OF THE
VYDEHI GROUP OF INSTITUTIONS,
NO.82, EPIP AREA, NALLURAHALI,
WHITEFIELD, BANGALORE - 560 066
...RESPONDENTS
(BY SRI. NARAYAN KUMAR V., ADVOCATE FOR R1 & R2;
R3 IS SERVED & UNREPRESENTED)
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WP No. 14655 of 2025
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT COLLEGE AUTHORITY TO RETURN BACK THE
ORIGINAL DOCUMENTS SUCH AS A) ORIGINAL 10TH MARKS CARD
B) ORIGINAL 2ND PUC MARKS CARD C) ORIGINAL TRANSFER
CERTIFICATE D) CONDUCT CERTIFICATE E) B. PHARMACY FIRST
AND SECOND SEMESTER MARKS CARD, AS PER
REPRESENTATION DATED 10.03.2025 VIDE ANNEXURE- G.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
"i) Issue a writ of mandamus or any other order
directing the respondent college authority to return back the
Original Documents such as a) Original 10th Marks Card b)
Original 2nd PUC Marks Card c) Original Transfer Certificate
d) Conduct Certificate e) B.Pharmacy First and Second
Semester Marks Card, as per representation dated
10.03.2025 vide Annexure-G.
ii) Grant such other relief as this Hon'ble High Court
deems fit to grant under the facts and circumstances of the
case in the interest of justice."
2. Heard learned counsel for the petitioner, learned AGA
for respondent Nos.1 and 2 and perused the material on record.
3. Though respondent No.3 was served with notice, he
has chosen to remain unrepresented.
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3. A perusal of the material on record will indicate that the
petitioner's son joined the Pharmacy programme in respondents -
Vydehi Institute of Pharmacy in the year 2023. It is also a matter of
record that on 04.03.2025 and 06.03.2025 when the petitioner's
son was studying in his second year received memos from the
disciplinary committee of the respondents directing the petitioner's
son to appear before them on 14.03.2025. It is also part of the
memo that the Petitioner's son is not permitted to attend any
classes until the said date of appearance. Subsequently, the
petitioner and his wife also received memos asking them to appear
before the disciplinary committee along with their son. Subsequent
to the said memos, the petitioner submitted a representation dated
10.03.2025 before the respondents seeking for return of the
Original Documents such as, Original 10th Marks Card, Original 2nd
PUC Marks Card, Original Transfer Certificate, Conduct Certificate
and B.Pharmacy First and Second Semester Marks Card to seek
admission in a different college. Subsequently, on the 14.03.2025,
the petitioner's son appeared before the said disciplinary
committee and was informed that a report would be issued to the
petitioner's son regarding the said enquiry. The learned counsel for
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the petitioner would submit that till date neither a report has been
issued to the Petitioner's son, nor has he been permitted to attend
the classes and the Third Semester examination that was held from
23.04.2025 to 05.05.2025. Therefore, since the request of the
petitioner to respondents to return all the original documents had
not been complied with by respondents, the petitioner is before this
Court by way of the present petition.
4. Per contra, learned counsel for the respondent no. 1
and 2 submits that the petitioner's son has not completely paid the
requisite college/tuition fee and since there are disciplinary enquiry
pending against the petitioner's son, there is no merit in the
petition, the same is liable to be dismissed.
5. A perusal of the material on record will indicate that, it
is an undisputed fact that the respondents - Pharmacy institute has
neither replied to the representation given by the petitioner nor has
returned the original documents of the petitioner's son. It is also not
disputed that the petitioner's son is being enquired by the
disciplinary committee of the Respondents Institute regarding
alleged indiscipline behavior. So also, it is also a matter of record
that the petitioner's son's is neither being permitted to attend the
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class nor has been permitted to attend the Third Semester exams
and hence the Petitioner wishes to admit his son to a different
college.
6. Under these circumstances, in the light of the
judgments of a Co-ordinate Bench of this Court in the cases of Ms.
K.R. Divyashree Vs. The State of Karnataka and others -
W.P.No.47380/2017 dated 27.03.2018 and Sushant Deshmukh
Vs. The Visveswaraya Technological University and another -
W.P.No.62299/2016 dated 06.12.2018, wherein it is held that
respondents - Pharmacy Institute cannot have any lien on the
documents submitted by the petitioner's son, without expressing
any opinion on right of the respondents to continue enquiry/ action
against the petitioner's son for the alleged in-discipline behavior as
well as recovery of the said college/ tuition fee, I deem it just and
appropriate to dispose of this petition directing respondents to hand
over and return all the documents viz., Original 10th Marks Card,
Original 2nd PUC Marks Card, Original Transfer Certificate,
Conduct Certificate and B.Pharmacy First and Second Semester
Marks Card etc., submitted/furnished by the petitioner's son, back
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to the petitioner's son within one week from the date of receipt of a
copy of this order.
7. Liberty is reserved in favour of the respondents to take
recourse to such remedies as available in law against the
petitioner's son for recovery of the alleged due College/tuition fee
subject to all just exceptions and defences available to the
petitioner.
8. Subject to the aforesaid observations and directions,
the petition stands disposed of.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
MDS
