Karnataka High Court
Miss. Harshitha vs Union Of India on 18 September, 2025
-1-
WP No. 41899 of 2015 and
Connected Matter
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
WRIT PETITION NO. 41899 OF 2015 (EDN-MED-ADM)
C/W
WRIT PETITION No. 4611 OF 2016 (EDN-MED-ADM)
IN W.P.NO.41899/2015
BETWEEN:
1. SRI SHRIDEVI CHARITABLE TRUST [R]
SHIVADEEPTI, 3RD CROSS, S.S.PURAM
TUMKUR-572102, KARNATAKA
REP. BY ITS TRUSTEE
DR. RAMAN HULINAYKAR
S/O DR. M.R.HULINAYAKAR
AGED ABOUT 34 YEARS
R/AT TUMKUR
2. SHRIDEVI INSTITUTE OF MEDICAL
SCIENCES & RESEARCH HOSPITAL
Digitally signed by NO.NH-4, SIRA ROAD
VASANTHA
KUMARY B K TUMKUR-572 106
Location: HIGH REP. BY ITS MEDICAL DIRECTOR
COURT OF DR. RAMAN HULINAYKAR
KARNATAKA S/O DR. M.R.HULINAYAKAR
AGED ABOUT 34 YEARS
R/AT TUMKUR
...PETITIONERS
(BY SRI ABHISHEK MALIPATIL, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF HEALTH & FAMILY WELFARE
NIRMAN BHAWAN
-2-
WP No. 41899 of 2015 and
Connected Matter
MOTILAL NEHRU MARG AREA
NEW DELHI-110011
REPRESENTED BY SECRETARY
2. MEDICAL COUNCIL OF INDIA
POCKET 14, SECTOR 8, DWARKA
NEW DELHI-110077
REPRESENTED BY SECRETARY
3. STATE OF KARNATAKA
DEPARTMENT OF HEALTH &
FAMILY WELFARE
MEDICAL EDUCATION
VIKASA SOUDHA
BENGALURU-560001
REP BY ITS PRINCIPAL SECRETARY
4. DIRECTOR OF MEDICAL EDUCATION
ANAND RAO CIRCLE
GANDHINAGAR
BENGALURU-560009
5. MR. M. KAVIN
S/O K. MURUGAN
AGED ABOUT 19 YEARS
R/AT ONDIYUR, PARAPATTI (PO)
MALLUR(V), SALEM-636203
TAMIL NADU
6. MISS. A. MANIMEGALAI
D/O M. AZHAGESAN
AGED ABOUT 19 YEARS
R/AT NO.155 "B"
PONNIYAMMAN (KL) STREET
CHENGALNATHAM POST
VELLORE DISTRICT
RAMAPURAM-632520
7. MISS VIDYASHREE V.S.
D/O SHIVARUDRAIAH
AGED ABOUT 19 YEARS
R/AT VARTHUR
TAVAREKERE POST
BENGALURU SOUTH TALUK
BENGALURU-562 130
-3-
WP No. 41899 of 2015 and
Connected Matter
8. MISS. V. SOUNDHARYA
D/O K. VETRISELVAN
REPRESENTED BY HER FATHER
AGED ABOUT 17 YEARS
R/AT NO.11E/22A
CHAIRMAN SUBRAMANIYAMNAGAR
SWAMI MANANDASALAI
RASIPURAM, NAMAKKAL(DT)
TAMIL NADU-637
9. MR. KEERTHI VIJAY S
S/O SIVA KUMAR P
AGED ABOUT 19 YEARS
R/AT NO.5/157-2
PALAPPATTI [WEST]
BOMMAIKUTTORIMEDU
SELLAPPAMPATHI (P.O.)
NAMAKKAL (DT) - 637019
TAMIL NADU
10. MISS. SHRADDHA S
D/O K. SUBRAMANYA
AGED ABOUT 19 YEARS
R/AT NO.621, 9TH MAIN
VIJAYNAGAR 1ST STAGE
MYSORE-570 017
11. MISS.LAKSHMI.S.,
D/O R.SASIKUMAR,
AGED ABOUT 19 YEARS,
R/AT SREEPADAM,
JUBILEE ROAD,
PERINTHALMANNA-674 322
KERALA
12. MISS GREESHMA RAJENDRAN,
D/O R.RAJENDRAN,
AGED ABOUT 19 YEARS,
R/AT No.21/1482(1)
SAPHALYANEDUMCAYDYM,
KARAMANA POST,
THIRUVANANTHAPURAM-695 002
KERALA.
-4-
WP No. 41899 of 2015 and
Connected Matter
13. MISS.A.G.MALAVIKA,
D/O ANANTHANARAYANAN.N,
AGED ABOUT 18 YEARS,
R/AT ASTER 14E,
SKYLINE RIVERDALE APARTMENTS
PETTAH, THIPUNITHURA, ERNAKULAM,
KERALA-682 301.
14. MR. DARSHAN S.BHOMKAR,
S/O SHIVANAND.N.BHOMKAR,
AGED ABOUT 19 YEARS,
R/AT MAHADEV PLAZA,
M.G.COLONY, NEAR CONGRESS WELL,
TILAKWADI, BELGAUM-590006.
15. MR.SHASHANK.B.L.
S/O LAKSHMINARAYANA.B
AGED ABOUT 18 YEARS,
R.AT SHUBHALAVIDYALAYA,
HAROHALLI EXTENSION,
KHB COLONY,
KOLAR-563 101.
16. MR. DHANUSH A.NAIR,
S/O ANIL KUMAR.L.,
AGED ABOUT 18 YEARS,
R/A USHAS,
CHUNGATHU ENCLAVES,
MKRA-53B, KOLLAM,
THIRUMULLAVARAM
KERALA-691 012.
17. MR.SARANG.S.,
S/O SURENDRAN P.V.
AGED ABOUT 18 YEARS,
R/AT SARANGAM HOUSE,
NEAR ANTHOOR I.P. SCHOOL
THALIYIL P.O, KALLASERRI
KANNUR, KERALA-670 562.
18. MR. VINOD KUMAR B.M,
S/O MAHADEW B.P.
AGED ABOUT 18 YEARS,
R/AT BANCHALLI HUNDI VILLAGE,
THANDVAPURA POST,
-5-
WP No. 41899 of 2015 and
Connected Matter
NANJANGUD TALUK,
MYSORE-571 302.
19. MR. DARSHAN K.V
S/O K.K.VENUGOPAL
AGED ABOUT 18 YEARS,
R/AT 2773, S.B.ROAD,
K.R.PET, MANDYA-571426.
20. MR. JAGJITH AJAYAKUMAR
S/O MAYAKUMAR,
AGED ABOUT 19 YEARS,
R/A PANDIKASALA, VALAPPIL HOUSE,
POST PAYYOLI, PAYYOL,
CALICUT(DT)
KERALA-673 522
21. MISS SUMERA FATHIMA.R
D/O RIZAN PASHA,
AGED ABOUT 19 YEARS,
R/AT 3768, 13T"B MAIN HALL 2ND STAGE,
DOOPANHALLI, BENGALURU.
[RESPONDENTS No.5 TO 21 ADDED AS PER
ORDER DATED:25.07.2016]
22. MR. DEEP KUMAR RUPAMBHAIKUNDARIYA,
S/O RUPAMBHAIKUNDARYA,
AGED ABOUT 18 YEARS,
R/AT No.75, AVANTIKAPURI SOCIETY,
NEAR BASERA SOCIETY
KAMREJ SURAT,
GUJARAT-394185.
23. MR. SYED AAMIR,
S/O SYED MUNAVAR,
AGED ABOUT 19 YEARS,
R/AT No.1/A, 9TH CROSS,
MAHADEVAPURA ROAD,
UDAYAGIRI, MYSORE-570019.
24. MISS AISHWARYA.S.NAYAK,
D/O SATYENDRA V NAYAK,
AGED ABOUT 22 YEARS,
R/AT No.245, 'VISHNU'
WP No. 41899 of 2015 and
Connected Matter
2ND CROSS, 3RD BLOCK, NAGARBHAVI,
2ND STAGE BENGALURU-560072.
[R-22 TO 24 ADDED AS PER ORDER
DTD:08/08/2016]
25. MISS ARSHIYA TABASSUM,
D/O MOHAMMED ASIF,
AGED ABOUT 18 YEARS,
R/AT MARUTHINAGAR,
15TH CROSS, NEAR NOORANI MASHD
ANA MANZIL, GUBBI-572216.
26. MISS BHAVANA.R.,
D/O RAJU N.R.
AGED ABOUT 18 YEARS,
R/AT "SRISOWRABHA",
16TH CROSS, SIT EXTENSION
TUMKUR-572 103.
27. MR.GOKUL.P
S/O PALANIVEL.R,
AGED ABOUT 18 YEARS,
THOTTAKADU,
MASAKUMARAPALAYAM,
VEERAPARUPALAYAM (P.O)
IDAPPADI (TQ)
SALEM (DT),TAMIL NADU-637 105.
28. AJITH KUMAR.A,
S/O ANANDHAN.K., AGED ABOUT 18 YEARS,
R/AT No.7/19 OLD HOSPITAL STREET
KRISHNAPURAM, AMBUR, VELLORE-635802.
29. MISS OELAROY,
D/O SANJOY ROY,
AGED ABOUT 22 YEARS,
R/AT No.4J, PRABHU RAM SARKAR LANE,
KOLKATA-700015
30. MISS. ARNITHARAKARAMHARSHINI
D/O ARNIRAJARAMTHARAKARAM,
AGED ABOUT 19 YEARS,
R/AT No.1981, 4TH CROSS,
WP No. 41899 of 2015 and
Connected Matter
20TH MAIN, J.P. NAGAR, 2ND PHASE,
BENGALURU-560 078.
[R-25 TO 30 ADDED AS PER ORDER
DATED.06/09/2016]
31. MISS HARSHITHA
D/O K.C.RAJARAM
AGED ABOUT 19 YEARS,
R/AT No.10, 3RD CROSS,
VADIVEL NAGAR, SANKARAN PALAYAM,
VELLORE, TAMIL NADU-632 001.
32. MISS MULAGIRI MANASWAMI,
REPRESENTED BY M.MADHUSUDHAN,
AGED ABOUT 17 YEARS,
R/AT 6-5-806
SRINAGAR COLONY, NEAR WATER TANK,
ANANTAPURAM-515004.
33. MISS SREENITHI,
D/O LATE RAMESH,
AGED ABOUT 19 YEARS,
R/AT No.5/16, SUNDARAM STREET,
RANI BHEL NAGAR,
SIPCOT, RANIPET-632003
VELLORE DISTRICT.
34. MISS RACHITHA.R
D/O MR.RANGANATHA,
AGED ABOUT 19 YEARS,
R/AT No.59, RANGADHAM, OPP TO CIT,
PRAKRUTHI NAGAR, BYADARAHALLI,
BENGALURU-91.
35. MISS. PRAGATHI TIWARI,
D/O CHANDRASEKAR.K,
AGED ABOUT 19 YEARS,
R/AT 23, VTH CROSS,
SHIVANANDA NAGAR,
MOODULA PALYA,
BENGALURU-560 072.
36. MISS. PAVITHRA.R.
D/O M.RAJENDRAN,
WP No. 41899 of 2015 and
Connected Matter
AGED ABOUT 18 YEARS,
R/AT 80, 3RD CROSS,
DRC POST, HOSUR MAIN
BENGALURU-560 029.
37. MR.SMITH ANIL MAJETHIA,
S/O DR.ANIL S.MAJETHIA,
AGED ABOUT 19 YEARS,
R/AT RATNUM, 10,
KAMNATH WADI,
GHANSHYAM NAGAR,
BHUJ(KUTCH)
GUJARAT-370001.
38. MR.AKSHAY S.CHIKKENAKOPPA,
S/O SHEKARAPPA,
AGED ABOUT 18 YEARS,
R/AT 170 "B", 5TH CROSS, RENUKA NAGAR,
GOKUL ROAD, HUBLI-580030.
39. MISS SHIVANI KISHORE,
D/O KISHORE KUMTAKAR,
AGED ABOUT 18 YEARS,
R/AT 644, 22ND MAIN,
4TH T BLOCK, JAYANAGAR,
BENGALURU-41.
40. MISS.SONAL,
D/O JAI NARAYAN,
AGED ABOUT 19 YEARS,
R/AT No.2224, SECTOR 23,
SONEPAT, HARAYANA-131001.
41. MR. RITESH SUNSARAM,
S/O KUSHAL KUMAR JHA,
REPRESENTED BY LOCAL GUARDIAN
MR.ARVIND KUMAR,
AGED ABOUT 17 YEARS,
R/AT 18, 1ST MAIN, 1ST CROSS,
BABA NAGAR, KATTIAGANAHALLI,
YELAHANKA, BENGALURU-560 064.
42. MR. VIVEK.R.P.
S/O RAMESH BABU.N.S.,
AGED ABOUT 18 YEARS,
WP No. 41899 of 2015 and
Connected Matter
R/AT No.83, ANAGHA, 3RD CROSS,
DESAI GARDEN, VASANTHAPURA MAIN ROAD,
ISRO LAYOUT, BENGALURU.
43. MR.YOGESH.V.HEGDE,
S/O C.N.VISHWESWARAIAH,
AGED ABOUT 20 YEARS,
R/AT 42/7, 3RD CROSS, 3RD MAIN
JAVARIAH GARDEN, THYAGARAJA NAGAR,
BENGALURU-560028.
44. MISS. SARWAT PARVEZ
D/O MOHAMMED SHAHID PARVEZ,
AGED ABOUT 19 YEARS,
R/AT 9TH D CROSS, ILYAS NAGAR,
J P NAGAR, 6TH PHASE,
BENGALURU-560078.
45. MISS. SWATI VERMA,
D/O LALITESHWAR PRASAD VERMA,
AGED ABOUT 18 YEARS,
R/AT 71-C, VAIBHAV SHOPPING COMPLEX,
SUNCITY VISTAAR, PO-AIR FORCE STATION,
BAREILLY, UTTAR PRADESH-243 002.
46. MR. MOHAMMED SAHIL,
S/O MOHD AYUB,
AGED ABOUT 20 YEARS,
R/AT 1/8, MUKTA PRASAD NAGAR,
BIKANER, RAJASTHAN-334 004.
47. MR.PANKAJ VASHISTH,
S/O KAMAL NAIN VASHISTH,
AGED ABOUT 19 YEARS,
R/AT 1926, SECTOR-13
HUDA BHIWANI, HARYANA-127 021.
48. MR. YASHAS,
S/O T.G.GANGADHRAMURTHY,
AGED ABOUT 19 YEARS,
R/AT 291, 8TH CROSS, K.C.LAYOUT,
MYSORE, KARNATAKA-570 011.
49. MISS NANDA.R.L
D/O RADHAKRISHNAN NAIR,
- 10 -
WP No. 41899 of 2015 and
Connected Matter
R/AT PRASEEDA, EVRA-79
MUTTADA (POST), PARUTHIPURA,
TRIVANDRUM, KERALA-695025.
50. MISS. NEERAJA.R.
D/O G.RAMACHANDRAN NAIR,
AGED ABOUT 20 YEARS,
R/AT SREEHARI, KALARCODE,
SANTHANAPURAM P.O,
ALAPUZHA-688 003.
51. MISS ARATHY.M,
D/O MURALEEDHARAN.K.V.,
AGED ABOUT 18 YEARS,
R/AT SIVAPURI, MADAKOTH HOUSE,
VILLAPURAM P.O
CALICUT-673008.
52. MISS. AKRITI AGARWAL,
D/O SHAILENDRA KUMAR AGARWAL,
AGED ABOUT 19 YEARS,
R/AT 1B, SHAYAM NAGAR,
OPP-SOUTH CITY, RAI BERALLI ROAD,
LUCKNOW, UTTAR PRADESH-226025.
53. MR. SARTHAK BHATIA,
S/O VANEET BHATIA,
AGED ABOUT 19 YEARS,
R/AT 304-L, MODEL TOWN,
KARNAL-132001.
54. MR.DHRUVA MUGRAI,
S/O AJAY MUGRAI,
AGED ABOUT 19 YEARS,
R/AT J-5/168, IIIRD FLOOR,
RAJOPOURI GARDEN,
NEW DELHI-110027.
55. MR.KASHISH GERA,
S/O PREM PRAKASH,
AGED ABOUT 19 YEARS,
R/AT 19-A, GALI NO.1
BHIM SAIN COLONY,
BALKAGARH, FAIRADABAD,
HARYANA-121 004.
- 11 -
WP No. 41899 of 2015 and
Connected Matter
56. MR. TUSHANT DAWAR,
S/O SANJEEV DAWAR,
AGED ABOUT 18 YEARS,
R/AT 133, HUDA SEC 11,
PHASE-1, PANIPET,
HARAYANA-132103.
57. MR. MAHENDRAN M.NAIR,
S/O G.MURALEEDHARAN NAIR,
AGED ABOUT 19 YEARS,
R/AT MAMBILLY HOUSE,
N.A.D.MUKAL, EDATHALA NORTH P.O,
ALUVA, ERNAKULAM DISTRICT,
KERALA-683561.
58. MR.ASHISH JOHNY THOMAS,
S/O JOHNEY THOMAS,
AGED ABOUT 18 YEARS,
R/AT KANIYAMPARAMPIL,
MILLENIUM NAGAR,
ETTUMANOOR PO, KOTTAYAM,
KERALA-686 562.
59. MR.ABHINAV.P.V
S/O SASI EV
AGED ABOUT 18 YEARS,
"NAVARANG", UDINUR, UDINUR PO
KASARAGOD DISTRICT,
KERALA-671 310.
60. MR.SONALI PATHAK,
S/O ANIL KUMAR PATHAK,
AGED ABOUT 20 YEARS,
G-201, INDRA PRASATH 5,
NEAR PRAMLADNAGAR HDFC BANK
PRAHLAD NAGAR, SATELLITE,
AHMEDABAD, GUJARAT-380015.
61. MISS SANDHIYA SETHIA,
D/O DR.ASHOK SETHIA,
AGED ABOUT 19 YEARS,
R/AT 51, ANOOP NAGAR,
INDORE, MADHYA PRADESH.
- 12 -
WP No. 41899 of 2015 and
Connected Matter
62. MR.PURBA CHANDRA,
S/O PARTHA SARATHI CHANDRA,
AGED ABOUT 18 YEARS,
SAIL SATELLITE COLONY,
DHURWA, RANCHI,
JHARKHAND-834 004.
63 MISS RESHMA,
D/O RANADIV,
AGED 20 YEARS,
R/AT IDUVAYAL HOUSE,
MULASSERY POST,
TRISHUR DISTRICT,
KERALA STATE.
64. MR.AKSHATH KUMAR JAJU,
S/O RAMESH CHAND JAJU,
AGED ABOUT 18 YEARS,
R/AT No.39-12-1/1, JAJU BHAVAN,
T.K.RAO STREET, LABVI PETA,
VIJAYAWADA-10.
65. MISS CHITTEPU KEERTHANA,
D/O SRI PRASADA REDDY,
AGED 18 YEARS,
R/AT HOUSE NO.8-300/1/C
ROAD No.3, NEW VIVEKANANDA NAGAR,
CHINTAL, HYEDRABAD 500 054.
66. MISS.SHIVANI S.BHADRANNAVAR,
D/O SHIVALINGAPPA,
AGED ABOUT 19 YEARS,
R/AT No.586, 2ND FLOOR, 14TH 'B' CROSS,
BHUVANESHWARI NAGAR,
KEMPAPURA HEBBAL, BENGALURU-560 022.
67. MISS.M.LAKSHMI,
D/O S.P.MURUGESHAN,
AGED ABOUT 18 YEARS,
No.51, 2B, 10TH AVENUE,
PRASHANTH CASTLE,
ASHOKNAGAR, CHENNAI-600083.
68. MISS. VARSHA,
D/O SUBRAMANIAN,
- 13 -
WP No. 41899 of 2015 and
Connected Matter
AGED ABOUT 18 YEARS,
R/AT 32/14, SRI KRISHNA NIVAS,
SUGAVANAMOORTHY MADAM STREET,
HOSUR, KRISHNAGIRI-635109.
69. MISS.CHANDANA,
D/O JAYARAMA REDDY,
AGED ABOUT 18 YEARS,
No.4, 13TH CROSS, 22ND MAIN,
RAGHAVENDRA LAYOUT,
PADMANABHANAGAR,
BENGALURU-560070.
70. MISS.PAVITHRA REKHA,
D/O RAVIKUMAR,
REPRESENTED BY SRI.S.P.MURUGESHAN,
AGED ABOUT 17 YEARS,
R/AT OLD No.116/1A, NEW NO.232/1A,
PALANI, ANDAVAR KOIL STREET,
AYANAVARAM, CHENNAI-600023.
71. MISS.P.MEERA,
D/O KRISHNA KUMAR,
AGED ABOUT 19 YEARS,
R/AT No.40/1156B1,
MANCHU TOWERS, 1ST FLOOR,
T.D.ROAD, KOCHI-682011.
72. MISS.HARIPRIYA,
D/O ASHWINI KUMAR,
AGED ABOUT 18 YEARS,
R/A No.25-13/1, SGS NIVAS,
ROAD No.4, KAKATIYANAGAR,
RAMACHANDRAPURAM,
HYDERABAD-32.
73. MISS. GARLAPATI MRUDULA REDDY,
D/O GARLAPATI VENKATA REDDY,
AGED ABOUT 19 YEARS,
R/AT No.11-3-392/2/16
FLAT NO.301, MR.RESIDENCY,
SRINIVASA NAGAR,
SECUNDERABAD,
TELANGANA-500061.
- 14 -
WP No. 41899 of 2015 and
Connected Matter
74. MISS.SRAVANTHI.K.
D/O KODALI PUNNA RAO,
AGED ABOUT 19 YEARS,
R/AT No.87, THIRD CROSS STREET,
CHANDRAN NAGAR,
CHROMPET, CHENNAI-600044.
75. MISS.AKSHITA GOYAL,
D/O RITHISH GOEL,
AGED ABOUT 18 YEARS,
R/AT No.55, SECTOR-25,
PANCHKULA, HARYANA-134 116.
76. MISS.K.S.SUVEDA,
D/O KUPPUSAMY,
AGED ABOUT 18 YEARS,
R/A No.2, GANDHI STREET,
J.K.CASTLE, VANUMPET,
CHENNAI-600091.
77. MISS.MIMITH MOHAN JOHN
D/O MOHAN JOHN,
AGED ABOUT 21 YEARS,
R/A THIRUVANKODE HOUSE,
SNEHA NAGAR-68, ULLIYAKOVAL
KOLLAM DISTRICT,
KERALA-691019.
78. MISS.KODURI HARSHITHA,
D/O KASI GANGADHARA RAO,
AGED ABOUT 19 YEARS,
R/AT 3-1, MAIN ROAD,
MALLAVARAM POST,
WEST GODDAVARI DISTRICT,
MALLAVARAM-533342.
79. MR.MALLIKARJUNA REDDY,
S/O VIJAYAKUMAR REDDY,
AGED ABOUT 18 YEARS,
R/AT 16-75/G5
NETHAJI STREET, KOILAKUNTELA,
KURNOOL-518134.
80. MR.ADITYA KUMAR,
S/O ANUPAM KUMAR,
- 15 -
WP No. 41899 of 2015 and
Connected Matter
AGED ABOUT 18 YEARS,
R/AT JP COLONY,
CHANDWARS, MUZZAFFARPUR,
BIHAR-842 001.
81. MISS.SMRITI,
D/O SHASHI BHUSAN RAI,
AGED ABOUT 19 YEARS,
R/AT DAMUCHAWK,
MUZAFFARPUR, BIHAR-842001.
82. MR.REHAN CHOUDARY,
S/O ONKARMAL CHOUDARY,
AGED ABOUT 20 YEARS,
R/AT VPO-BATOTH, VIA PATODA,
SIKAR, RAJASTHAN-332 312.
83. MISS.R.KAVISHRI
D/O RAGHU,
AGED ABOUT 19 YEARS,
R/AT 550/70, DHARPURAM ROAD,
KSC SCHOOL ROAD, CORNER,
TIRUPUR, TAMIL NADU-641 604.
84. MISS.M.DIVYAI,
D/O MANU DEV,
AGED ABOUT 20 YEARS,
R/AT 763, SECTOR-23,
HUDA BHIWANI, HARYANA.
85. MR.VIKRAM HEGGADE,
S/O RAJU HEGDE,
AGED ABOUT 18 YEARS,
R/AT 2ND, 4TH FLOOR,
WATER SURFACE DATA CENTRE BUILDING,
ANANDRAO CIRCLE, BENGALURU-560 009.
86. MISS.RASHI,
D/O BALJEET GIRIDHAR,
AGED ABOUT 19 YEARS,
R/AT E-18, GURU JAMBESHWAR UNIVERSITY,
NEW CAMPUS, HISAR, HARAYANA.
87. MISS. SAMEEKESHA VERMA,
D/O AMAR CHANDRA CERMA,
- 16 -
WP No. 41899 of 2015 and
Connected Matter
AGED ABOUT 19 YEARS,
R/AT NARMADA, 11B NAUSENABAUGH,
MALKAPURAM, PO-GANDHIPURAM,
VISHAKAPATNAM, ANDHRA PRADESH-530005.
88. MR. AMOGH DIWAKER,
S/O DIWAKER,
AGED ABOUT 18 YEARS,
R/AT 241, 9TH MAIN ROAD,
SRINIVAS NAGAR,
BENGALURU -560050.
89. MR.ADITYA NARAYAN,
S/O LAKSHMI NARYAN,
AGED ABOUT 18 YEARS,
R/AT E49, ZAHIR HUSSAIN ROAD,
BLOCK 17, NEYVELI-607801.
[R-31 TO 89 ADDED AS PER ORDER
DATED:21.06.2018]
...RESPONDENTS
(BY SRI. M.BIRDY AYYAPPA, CGC FOR R-1;
SRI.K.N.KHETTY, ADVOCATE FOR R-2;
SRI.B.S.GURUSWAMY, AGA, FOR R-3 & R-4;
SRI.DILLI RAJAN, ADVOCATE FOR
SRI.K.N.SUBBA REDDY, ADVOCATE FOR R-5 TO R-74 &
R-76 TO R-86;
SRI. AMIT NAYAK, ADVOCATE FOR R-75;
SRI.G.RAVISHANKAR, ADVOCATE FOR R-87)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI OR A WRIT OF SUCH NATURE
QUASHING THE COMMUNICATION/LETTER BEARING
No.U.12012/170/2015-ME-I DATED 23.09.2015 ISSUED BY R-1
AT ANNEXURE-K WHEREBY THE FIRST RESPONDENT HAS NOT
RENEWED PERMISSION FOR 3RD BATCH OF MBBS COURSE IN
THE PETITIONER No.2 INSTITUTION FOR ACADEMIC YEAR
2015-16, ETC.
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Connected Matter
BETWEEN:
1. MISS. HARSHITHA
D/O OF K.C. RAJARAM,
AGED ABOUT 19 YEARS,
RESIDING AT NO. 10,
3RD CROSS, VADIVEL NAGAR,
SANKARAN PALAYAM,
VELLORE, TAMIL NADU-632 001.
2. MISS. MULAGIRI MANASWINI
REPRESENTED BY M. MADHUSUDHAN,
AGED ABOUT 17 YEARS,
RESIDING AT 6-5-806,
SRINAGAR COLONY,
NEAR WATER TANK,
ANANTAPURAM-515 004.
3. MISS. SREENITHI
D/O. OF LATE RAMESH,
AGED ABOUT 19 YEARS,
RESIDING AT NO.5/16, SUNDARAM STREET,
RANI BHEL NAGAR,
SIPCOT, RANIPET-632 003,
VELLORE DISTRICT.
4. MISS. RACHITHA R.
D/O. MR. RANGANATHA,
AGED ABOUT 19 YEARS,
RESIDING AT NO. 59,
RANGADHAM, OPP TO CIT,
PRAKRUTHI NAGAR,
BYADARAHALLI, BENGALURU -560 091.
5. MISS. PRAGATHI TIWARI
D/O.CHANDRASEKAR K.
AGED ABOUT 19 YEARS,
RESIDING AT 23, VTH CROSS,
SHIVANANDA NAGAR,
MOODULA PALYA, BENGALURU -560 072.
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Connected Matter
6. MISS PAVITHRA R.
D/O. M. RAJENDRAN,
AGED ABOUT 18 YEARS,
R/AT 80, 3RD CROSS,
DRC POST, HOSUR MAIN,
BENGALURU - 560029
7. MR. SMITH ANIL MAJETHIA
S/O. DR. ANIL S MAJETHIA,
AGED ABOUT 19 YEARS,
R/AT RATNUM, 10, KAMNATH WADI,
GHANSHYAM NAGAR, BHUJ (KUTCH)
GUJARAT - 370001
8. MR. AKSHAY S.CHIKKENAKOPPA
S/O. SHEKARAPPA,
AGED ABOUT 18 YEARS,
R/AT NO. 170-B, 5TH CROSS,
RENUKA NAGAR, GOKUL ROAD,
HUBLI - 580030
9. MISS. SHIVANI KISHORE
D/O. DR. KISHORE KUMTAKAR,
AGED ABOUT 18 YEARS,
R/AT 6TH , 22ND MAIN, 4TH T-BLOCK,
JAYANAGAR, BENGALURU - 41.
10 . MISS. SONAL
D/O. JAI NARAYAN,
AGED ABOUT 19 YEARS,
R/AT NO. 2224, SECTOR 23,
SONEPAT, HARAYANA - 131001
11 . MR.RITESH SUNSARAM
S/O KUSHAL KUMAR JHA
REP BY LOCAL GUARDIAN MR. ARAVIND KUMAR
AGED ABOUT 17 YEARS,
R/AT 18, 1ST MAIN, 1ST CROSS,
BABA NAGAR, KATTIGANAHALLI,
YELAHANKA, BENGALURU-560064.
12 . MR.VIVEK R.P.
S/O RAMESH BABU N.S.
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WP No. 41899 of 2015 and
Connected Matter
AGED ABOUT 18 YEARS
R/TO.83, ANAGHA,3RD CROSS,
DESAI GARDEN, VASANTHAPURA MAIN ROAD,
ISRO LAYOUT, BENGALURU.
13 . MR.YOGESH V. HEGDE
S/O C.N.VISHWESHWARAIAH
AGED ABOUT 20 YEARS
R/AT 42/7, 3RD CROSS, 3RD MAIN,
JAVARAIAH GARDEN,THYAGARAJA NAGAR,
BENGALURU - 28
14 . MISS.SARWAT PARVEZ
D/O MOHAMMED SHAHID PARVEZ
AGED ABOUT 19 YEARS
R/AT 9TH D CROSS, ILYAS NAGAR,
J.P.NAGAR, 6TH PHASE,
BENGALURU-78
15 . MISS.SWATI VERMA
D/O LALITESHWAR PRASAD VERMA
AGED ABOUT 18 YEARS
R/AT 71-C, VAIBHAVA SHOPPING COMPLEX,
SUNCITY VISTAR,TO-AIR FORCE STATION,
BAREILLY, UTTAR PRADESH-243002
16 . MR. MOHAMMED SAHIL
S/O MOHD AYUB,
AGED ABOUT 20 YEARS,
R/AT 1/8, MUKTA PRASAD NAGAR,
BIKANER RAJASTHAN - 334 004.
17 . MR. PANKAJ VASHISTH
S/O KAMAL NAIN VASHISTH,
AGED ABOUT 19 YEARS,
R/AT 1926, SECTOR - 13,
HUDA BHIWANI, HARYANA - 127 021.
18 . MR. YASHAS
S/O T.G.GANGADHARAMURTHY,
AGED ABOUT 19 YEARS,
R/AT 291, 8TH CROSS, K.C.LAYOUT,
MYSORE, KARNATAKA - 570 011.
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Connected Matter
19 . MISS NANDA R.L.
D/O RADHAKRISHNA NAIR,
AGED ABOUT 20 YEARS,
R/AT PRASEEDA, EVRA - 79,
MUTTADA (POST), PARUTHIPURA,
TRIVANDRUM, KERALA - 695 025.
20 . MISS NEERAJA R
D/O G.RAMACHANDRAN NAIR,
AGED ABOUT 20 YEARS,
R/AT SREEHARI, KALARCODE,
SANTHANAPURAM P.O.,
ALAPUZHA - 688 003.
21 . MISS ARATHY M
D/O MURALEEDHARAN K V
AGED ABOUT 18 YEARS
RESIDING AT SIVAPURI
MADAKOTH HOUSE
VILLAPURAM P.O, CALICUT-673008
22 . MISS AKRITI AGARWAL
D/O SHAILENDRA KUMAR AGARWAL
AGED ABOUT 19 YEARS
RESIDING AT 1B, SHAYAM NAGAR
OPP-SOUTH CITY, RAI BERALLI ROAD
LUCKNOW, UTTAR PRADESH-226025.
23 . MR SARTHAK BHATIA
S/O VANEET BHATIA
AGED ABOUT 19 YEARS
RESIDING AT 304-L, MODEL TOWN
KARNAL-132001
24 . MR DHRUVA MUGRAI
S/O AJAY MUGRAI
AGED ABOUT 19 YEARS
RESIDING AT J-5/168, IIIRD FLOOR,
RAJOPOURI GARDEN, NEW DELHI-110027
25 . MR KASHISH GERA
S/O PREM PRAKASH
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Connected Matter
AGED ABOUT 19 YEARS
RESIDING AT 19-A, GALI NO.1
BHIM SAIN COLONY
BALKABGARH, FAIRADABAD
HARYANA-121004.
26 . MR TUSHANT DAWAR
S/O SANJEEV DAWAR
AGED ABOUT 18 YEARS
RESIDING AT 133 HUDA SEC 11
PHASE-1, PANIPET
HARAYANA-132103
27 . MR. MAHENDRAN M.NAIR
S/O G.MURALEEDHARAN NAIR
AGED ABOUT 19 YEARS
RESIDING AT MAMBILLY HOUSE
N.A.D. MUKAL,
EDATHALA NORTH P.O ALUVA,
ERNAKULAM DISTRICT
KERALA-683561
28 . MR ASHISH JOHNY THOMAS
S/O JOHNEY THOMAS
AGED ABOUT 18 YEARS
RESIDING AT KANIYAMPARAMPIL
MILLENIUM NAGAR
ETTUMANOOR PO,KOTTAYAM
KERALA-686 562
29 . MR ABHINAV P.V.
S/O SASI EV
AGED ABOUT 18 YEARS
NAVRANG, UDINUR
UDINUR P.O
KASARAGOD DISTRICT
KERALA-671 310
30 . MISS SONALI PATHAK
D/O ANIL KUMAR PATHAK
AGED ABOUT 20 YEARS
G-201, INDRA PRASATH 5
NEAR PRAMLADNAGAR HDFC BANK
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Connected Matter
PRAHLAD NAGAR, SATELLITE
AHMEDABAD, GUJARAT-380015
31 . MISS. SANDHIYA SETHIA
D/O DR ASHOK SETHIA
AGED ABOUT 19 YEARS
R/A 51, ANOOP NAGAR
INDORE, MADHYA PRADESH
32 . MISS. PURBA CHANDRA
D/O PARTHA SARATHI CHANDRA
AGED ABOUT 18 YEARS
R/A B-149, SAIL SATELLITE COLONY
DHURWA, RANCHI, JHARKHAND-834004
33 . MISS RESHMA
D/O RANADIV, AGED ABOUT 20 YEARS
R/A IDUVAYAL HOUSE
MULLASSERY POST, TRISHUR DISTRICT
KERALA STATE
34 . MR AKSHATH KUMAR JAJU
S/O RAMESH CHAND JAJU
AGED ABOUT 18 YEARS
R/A NO.39-12-1/1, JAJU BHAVAN
T.K. RAO STREET, LABVI PETA
VIJAYAWADA-10
35 . MISS CHITTEPU KEERTHANA
D/O SRI PRASADA REDDY
AGED ABOUT 18 YEARS
R/A HOUSE NO.8-300/1/C
ROAD NO.3, NEW VIVEKANANDA NAGAR
CHINTAL, HYDERABAD-500054
36 . MISS SHIVANI S.BHADRANNVAR
D/O SHIVALINGAPPA,
AGED ABOUT 19 YEARS,
R/AT NO.586, 2ND FLOOR, 14TH B CROSS,
BHUVANESHWARI NAGAR,
KEMPAPURA HEBBAL,
BENGALURU-560 022
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Connected Matter
37 . MISS M.LAKSHMI
D/O S P MURUGESHAN,
AGED ABOUT 18 YEARS,
NO.51, 2B, 10TH AVENUE,
PRASHANTH CASTLE, ASHOKNAGAR,
CHENNAI-600 083
38 . MISS VARSHA
D/O SUBRAMANIAN,
AGED ABOUT 18 YEARS,
R/AT 32/14, SRI KRISHNA NIVAS,
SUGAVANAMOORTHY MADAM STREET,
HOSUR, KRISHNAGIRI-635 109
39 . MISS CHANDANA
D/O JAYARAMA REDDY,
AGED ABOUT 18 YEARS,
NO.4, 13TH CROSS, 22ND MAIN,
RAGHAVENDRA LAYOUT,
PADMANABHANAGAR,
BENGALURU-560 070
40 . MISS PAVITHRA REKHA
D/O RAVIKUMAR,
REPRESENTED BY SRI S.P. MURUGESHAN,
AGED ABOUT 17 YEARS,
R/AT OLD NO.116/1A, NEW NO.232/1A,
PALANI, ANDAVAR KOIL STREET,
AYANAVARAM, CHENNAI-600 023
41 . MISS P MEERA
D/O KRISHNA KUMAR,
AGED ABOUT 19 YEARS,
R/AT NO.40/1156BI,
MANCHU TOWERS, IST FLOOR,
T.D.ROAD, KOCHI-682011.
42 . MISS HARI PRIYA
D/O ASHWINI KUMAR,
AGED ABOUT 18 YEARS,
R/AT NO.25-13/1, SGS NIVAS,
ROAD NO.4, KAKATIYANAGAR,
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RAMACHANDRAPURAM,
HYDERABAD-32.
43 . MISS GARLAPATI MRUDULA REDDY
D/O GARLAPATI VENKATA REDDY,
AGED ABOUT 19 YEARS,
R/AT NO.11-3-392/2/16,
FLAT NO.301, MR RESIDENCY,
SRINIVASA NAGAR, SECUNDERABAD.
TELANGANA-500061.
44 . MISS SARVANTHI K
D/O KODALI PUNNA RAO,
AGED ABOUT 19 YEARS,
R/AT NO.87, THIRD CROSS STREET,
CHANDRAN NAGAR, CHROMPET,
CHENNAI-600044.
45 . MISS AKSHITA GOYAL
D/O RITHISH GOEL,
AGED ABOUT 18 YEARS,
R/AT NO.55, SECTOR-25,
PANCHKULA, HARYANA-134116.
46 . MISS K S SUVEDA
D/O KUPPUSWAMY,
AGED ABOUT 18 YEARS,
R/AT NO.2, GANDHI STREET,
J.K.CASTLE VANUMPET,
CHENNAI-600091.
47 . MISS MIMITH MOHAN JOHN
D/O MOHAN JOHN,
AGED ABOUT 21 YEARS,
R/AT THIRUVANKODE HOUSE,
SNEHA NAGAR-68, ULIYAKOVAL,
KOLLAM DISTRICT, KERALA-691019.
48 . MISS KODURI HARSHITHA
D/O KASI GANGADHARA RAO,
AGED ABOUT 19 YEARS,
RESIDING AT 3-1, MAIN ROAD,
MALLAVARAM POST,
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WEST GODDAVARI DISTRICT,
MALLAVARAM-533342.
49 . MR MALLIKARJUNA REDDY
S/O VIJAYAKUMAR REDDY,
AGED ABOUT 18 YEARS,
RESIDING AT 16-75/G5,
NETHAJI STREET, KOILAKUNTELA.
KURNOOL-518134.
50 . MR ADITYA KUMAR
S/O ANUPAM KUMAR,
AGED ABOUT 18 YEARS,
RESIDING AT JP COLONY,
CHANDWARA, MUZZAFFARPUR,
BIHAR-842001.
51 . MISS SMRITI
D/O SHASHI BHUSAN RAI,
AGED ABOUT 19 YEARS,
RESIDING AT DAMUCHAWK,
MUZAFFARPUR,
BIHAR-842001.
52 . MR REHAN CHOUDARY
S/O ONKARMAL CHOUDARY,
AGED ABOUT 20 YEARS,
RESIDING AT VPO-BATOTH, VIA PATODA,
SIKAR, RAJASTHAN-332312.
53 . MISS R KAVISHRI
D/O RAGHU,
AGED ABOUT 19 YEARS,
RESIDING AT 550/70,
DHARPURAM ROAD,
KSC SCHOOL ROAD CORNER,
TIRUPUR, TAMIL NADU 641604.
54 . MISS M DIVYAI
D/O MANU DEV,
AGED ABOUT 20 YEARS,
RESIDING AT 763, SECTOR-23,
HUDA BHIWANI, HARYANA.
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Connected Matter
55 . MR VIKRAM HEGGADE
S/O RAJU HEGDE,
AGED ABOUT 18 YEARS,
RESIDING AT 2ND 4TH FLOOR,
WATER SURFACE DATA CENTRE BUILDING,
ANANDRAO CIRCLE,
BENGALURU-560009.
56 . MISS RASHI
D/O BALJEET GIRIDHAR
AGED ABOUT 19 YEARS
RESIDING AT E- 18,
GURU JAMBESHWAR UNIVERSITY
NEW CAMPUS HISAR, HARAYANA
57 . MISS SAMEEKESHA VERMA
D/O AMAR CHANDRA VERMA
AGED ABOUT 19 YEARS
RESIDING AT NARMADA
11B NAUSENABAUGH
MALKAPURAM PO - GANDHIGRAM,
VISHAKPATNAM
ANDHRA PRADESH - 530005
58 . MR AMOGH DIWAKER
S/O DIWAKER
AGED ABOUT 18 YEARS
RESIDING AT 241, 9TH MAIN ROAD
SRINIVASA NAGAR,
BENGALURU- 560050
59 . MR ADITYA NARAYAN
S/O LAKSHMI NARAYAN
AGED ABOUT 18 YEARS,
RESIDING AT E49,
ZAHIR HUSSAIN ROAD,
BLOCK - 17, NEYVELI - 607801
...PETITIONERS
(BY SRI. DILLI RAJAN, ADVOCATE FOR
SRI. K.N.SUBBA REDDY, ADVOCATE)
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WP No. 41899 of 2015 and
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AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF HEALTH AND FAMILY WELFARE,
GOVERNMENT OF INDIA, NIRMAN BHAVAN
NEW DELHI.
2. MEDICAL COUNCIL OF INDIA
REPRESENTED BY ITS CHAIRMAN
POCKET-14, SECTOR-8,
DWARAKA PHASE-1,
NEW DELHI-110 077.
3. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF MEDICAL EDUCATION,
VIDHANA SOUDHA, BENGALURU.
4. DIRECTORATE OF MEDICAL
EDUCATION KARNATAKA,
VIKASA SOUDHA,
BENGALURU-560 001.
REPRESENTED BY ITS DIRECTOR.
5. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
JAYANAGAR-TILAK NAGAR,
NEAR SANJAY GANDHI HOSPITAL
BENGALURU.
6. COMEDK KARNATAKA,
CONSORTIUM OF MEDICAL ENGINEERING AND
DENTAL COLLEGES KARNATAKA
REPRESENTED BY ITS CHAIRMAN,
#132, SECOND FLOOR,
11TH MAIN, 17TH CROSS,
MALLESHWARAM, BENGALURU -560 055.
7. SRIDEVI INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH HOSPITAL,
NH-04, SIRA ROAD, TUMAKURU-572 106
REPRESENTED BY ITS PRINCIPAL.
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8. KARNATAKA PROFESSIONAL COLLEGES
FOUNDATION
REPRESENTED BY ITS PRESIDENT,
#132, SECOND FLOOR, 11TH MAIN,
17TH CROSS, MALLESHWARAM,
BENGALURU -560055.
...RESPONDENTS
(BY SMT.H.R.ANITHA, CGC FOR R-1;
SRI.K.N.KHETTY, ADVOCATE FOR R-2;
SRI.B.S.GURUSWAMY, AGA, FOR R-3 & R-4;
SRI. SANTHOSH S.NAGARALE, ADVOCATE FOR R-5;
SMT. LATHA SHETTY, ADVOCATE FOR R-6;
SRI. ABHISHEK MALIPATIL, ADVOCATE FOR R-7;
SMT. FARAH FATHIMA, ADVOCATE FOR R-8)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1
TO R-7 TO REALLOCATE AND TO SHIFT ALL THE PETITIONERS
TO ANY OTHER RECOGNIZED MEDICAL COLLEGES IN THE
STATE OF KARNATAKA AND TO FURTHER DIRECT THE
RESPONDENT TO TRANSMIT THE FEES PAID BY THE
PETITIONER IN THE SAID RESPECTIVE INSTITUTIONS TO
WHICH THE PETITIONS ARE SHIFTED, ETC.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 04.08.2025, COMING ON FOR
PRONOUNCEMENT THIS DAY, D K SINGH J., PRONOUNCED
THE FOLLOWING:
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CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE VENKATESH NAIK T
CAV ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
W.P.No.41899/2015 has been preferred by the Shridevi
Institute of Medical Sciences and Research Hospital (hereinafter
referred to as 'the College') for the relief inter alia to quash and
set aside the letter dated 23.09.2015 issued by the Union of
India regarding non-renewal of the permission for the 3rd batch of
MBBS Course in the College for the academic year 2015-2016.
The College has also prayed for a direction to the respondents to
consider the petitioner/college for renewal of permission of
MBBS course with intake capacity of 150 seats for the academic
year 2015-2016. Consequential prayers are also made by the
College.
2. On 28.09.2015, this Court passed the following order in the
said petition:
"The 2nd petitioner was established pursuant to the
grant of permission dated 13.07.2013 by the MCI
for running a Medical College with an annual intake
of 150 students. The permission was renewed for
the Academic year 2014-15 by the respondents.
Thereafter, the petitioners made an application for
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renewal of the permission for the 3rd batch i.e., for
the Academic year 2015-16 which was referred to
the MCI, which got caused an assessment of the
physical and other teaching facilities available. The
Inspectors of MCI reported certain deficiencies and
submitted the same to the MCI. The said report was
in turn forwarded to the Central Government with a
recommendation not to consider the case of the
petitioner for renewal of permission for the
Academic year 2015-16. Thereafter, the Central
Government addressed a letter to the petitioners
dated 04.03.2015 informing them regarding the
recommendation of the MCI and consequently, they
granted a hearing on 12.03.2015 at 10.00 a.m. by the
Hearing Committee. The petitioners appeared before
the Hearing Committee and gave two hard copies
and one soft copy in MS document showing the
compliance of removal of deficiencies. After
hearing the petitioner and taking note of the material
produced by them, the Hearing Committee
recommended for review of the assessment of the
schemes of the MCI along with the said requisite
copies of the compliance report and
recommendations of the Committee and its
observations was also sent. Thereafter, MCI
declined to review its earlier decision, by a lengthy
order dated 11.05.2015. The 2nd respondent -
Central Government acting on the said letter
declined to grant the permission.
Aggrieved by the same, the petitioners approached
this Court by way of writ petition in W.P. Nos.
36810-811/2015. After hearing all the parties, this
Court by a considered order held that the stand of
the Central Government as well as the MCI is
unsustainable and accordingly, they were quashed.
Thereafter, at para 17, it was held as under:
"In view of the fact that the MCI is
declining to review its earlier order and
to find out whether the compliance report
submitted by the petitioners removes the
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deficiencies pointed out by the MCI in
the earlier report, it is open to the Central
Government to call upon them to review
their earlier decision in the light of the
compliance report or send the report of
the MCI and the compliance report
furnished by the petitioners to any other
independent agency such as the Health
and Family Welfare Department,
Government of Karnataka as was done in
other cases and find out whether the
petitioners have removed the deficiencies
pointed out in the report of the MCI and
whether their case could be considered
for grant of renewal of permission for the
Academic Year 2015-16. Such exercise
shall be done on or before 23.09.2015 as
the last date prescribed for admission of
the students to the undergraduate Course
of the MBBS as per the Schedule is
30.09.2015."
After the said order, the Central Government neither
called upon the MCI to review its earlier decision in
the light of the compliance report nor sent the said
report to the MCI and the compliance report
furnished by the petitioners to any other
independent agency such as the Health and Family
Welfare Department.
On the contrary, they have placed the matter before
the Hearing Committee. The Hearing Committee
observed that though the College claims to have
rectified the deficiencies, it can only be verified
through physical assessment by the MCI. It is for
that reason we had called upon the Central
Government to send the report of compliance
submitted by the petitioners to the MCI so that the
Inspectors would physically verify whether
deficiencies have been removed or not and on the
basis of such report, to review its earlier order and
then send its report. Therefore, now it transpires that
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without verification of the compliance report, the
Hearing Committee was of the view that the
deficiencies are not condonable and it has reiterated
its earlier view, which has been set-aside by this
Court in the aforesaid writ petition. In para 7 it is
stated that the Central Government has duly
considered the order of the High Court and they
decided not to renew the permission for admission
of third batch for the academic year 2015-16. There
is no due consideration. They have not understood
the directions issued and without verifying whether
deficiencies are removed or not they have proceeded
to pass the impugned order, which is patently
illegal, contrary to law and therefore it is
unsustainable. However, the learned counsel
appearing for the Central Government submitted
that they did not have sufficient time to file a
counter to this writ petition.
In fact the Apex Court in the case of Priyadarshini
Dental College & Hospital Vs. Union of India
reported in (2011)4 SCC 623 has observed thus:
"The applicants for renewal were
existing dental colleges, which were
functioning for three or four years and
each college had admitted hundreds of
students either directly or through the
State Government allotment. The
colleges had the benefit of initial
permission and several renewals of
permission. Refusal of renewal of
permission in such cases should not be
abrupt nor for insignificant or technical
violations. Nor should such
applications be dealt in a casual
manner, by either granting less than a
week for setting right the deficiencies
or not granting an effective hearing
before refusal. The entire process of
verification and inspection relating to
renewal of permission should be done
well in time, so that such existing
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colleges have adequate and reasonable
time to set right the deficiencies or
offer explanations to the deficiencies.
The object of providing for annual
renewal of permissions for four years,
is to ensure that the infrastructural and
faculty requirements are fulfilled in a
gradual manner and not to cause
disruption. The need for renewal of
permission emanates from the fact that
a newly established college is not
required to have in place, full
complement of the teaching faculty and
complete infrastructure in the first year
itself. This is because, during the first
year, the college will be catering only
to a limited number of first year
students. During the second, third and
fourth and fifth years, the student
strength will increase and every year
correspondingly the infrastructure and
faculty will have to be increased."
Again the Apex Court in the case of Al-Karim
Educational Trust Vs. State of Bihar reported in
(1996)8 SCC 330 observed thus:
"It is impractical to insist, for a fool
proof or absolute adherence to all
requirements without regard to their
importance or relevance, for the
purpose of imparting education, in a
practical way, especially because the
institution has begun to function,
students admitted to institution have
taken the examination and the fate of a
good many number of students should
not hang in the balance in an unending
or everlasting manner. The question to
be posed, is whether there exists the
minimal and satisfactory requirements
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WP No. 41899 of 2015 and
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to keep the matter going, and not
whether better arrangements that will
render the set up more efficient and
more satisfactory, should be insisted as
"a wooden" rule. It may be that there
are some minor deficiencies here and
there which call for rectification. Time
can certainly set right such matters.
What is required is a total, practical,
overall view and not literal compliance
with the deficiencies pointed out."
Though the judgment was referred to by us in the
earlier judgment, the authorities have overlooked
the same. The petitioners are seeking for renewal for
the third year. They assert that all the deficiencies
pointed out by the 1st respondent have been duly
complied with. If deficiencies are all removed and
still if the petitioner is unable to get permission,
there is no way the petitioner could be compensated
either by the 1st respondent or by the 2nd
respondent. Moreover meritorious students, who are
waiting would be deprived of a seat in the dental
course. Thus, public interest is also involved.
Under these circumstances, we are of the view that
if the Court declines to exercise its power under
Article 226 of the Constitution of India, it is a case
of failure to exercise its discretionary power vested
in it by the Constitution on this Constitutional
Court.
In that view of the matter, as we are satisfied prima
facie that the order passed by the 2nd respondent is
illegal, contrary to law and as the last date fixed for
admission to Under Graduate MBBS course is
expires on 30.09.2015, petitioners are entitled to the
interim order sought for. Therefore, in the interest of
students and the public and having regard to the
conduct of the respondents, we pass the following
interim order:
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(1) The Central Government shall grant provisional
permission to the petitioners to conduct the course
for the academic year 2015-16, which will be
subject to further orders to be passed by this Court.
(2) The State Government shall include the name of
the petitioner-Institution for Undergraduate Course
of the MBBS, so that the petitioner-college could
admit students both from the Government quota as
well as from their quota, which also would be
subject to the result of this writ petition.
(3) The Government and the Petitioners shall make
it very clear to the students, who are admitted, that
their admission is subject to the result of this writ
petition.
In view of the fact that we are passing this order
today at 11.30 and the counseling comes to an end
and the final list of selected candidates shall be
released by tomorrow, the State shall have an
extended counseling and see that the students as
well as the college is accommodated."
3. In pursuance to the aforesaid order passed by this Court, the
petitioner-College granted admissions to the students on their
respective seats, which included 60 students against the
Consortium of Medical, Engineering and Dental Colleges of
Karnataka (COMEDK). The Medical Council of India (MCI)
challenged the said order dated 28.09.2015 before the Supreme
Court by filing Special Leave to Appeal (C) Nos.29000-
29001/2015. The Supreme Court, vide order dated 16.10.2015,
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had stayed the interim order passed by this Court on 28.09.2015
which reads as under:
"Issue notice by speed post to the Respondent-State,
returnable on 26th October, 2015. Dasti service, in
addition, is permitted. Standing counsel for the
respondent-State shall also be served.
Mr. Kapil Sibal, learned senior counsel appearing
for Respondent No.1, has submitted that the
admissions have been given to the students in
pursuance of the impugned judgment and he has
also stated that the said admissions shall be kept in
abeyance.
The admissions given to the students shall remain in
abeyance until further orders.
The petitioner shall carry out inspection, as directed
by the High Court, within four weeks from today.
The respondent-state shall give details as to how the
list of students was given to Respondent No.1 and
whether all the students in order of their merit were
informed about their possibility of getting admission
and whether admission was given in order of their
merit without disregarding students having higher
merit. The State shall also give explanation as to
how the students were selected, if they were
selected by the State.
Leave granted.
By way of an ad-interim relief it is directed that the
implementation of the impugned judgment shall
remain stayed, subject to the direction given
hereinabove."
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4. The students who were admitted against COMEDK seats
filed interim applications before the Supreme Court in the
aforesaid SLPs. However, the Supreme Court, vide order dated
21.01.2016, allowed the applicants-students to withdraw the
interim applications filed by them so as to enable them to
approach the High Court for ventilating their grievance with
regard to admission in a particular college and for re-allocation to
another college, as might be directed by the Government.
5. As the Supreme Court had already stayed the operation of
the interim order dated 28.09.2015 passed by this Court, the
admissions granted to the students were kept in abeyance. The
students who were admitted in the college could not pursue their
studies pursuant to the admissions granted. They filed Writ
Petition Nos.4611-4667/2016 before this Court praying therein
inter alia to issue appropriate writ to the Union of India, MCI, the
State Government, COMEDK and the College to reallocate and
shift all the students to any other recognized Medical College(s)
in the State of Karnataka and to direct the respondents to
transmit the fees paid by the students to the respective
institutions to which they could be shifted. This Court, on
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23.06.2016 in Writ Petition Nos.4611-4667/2016 and 4677-4678/
2016 preferred by the students, passed the following directions:
"The petitioners in these writ petitions were
allotted seats and admitted to various
Professional courses including Medical,
Dental, Engineering and other courses in
various Colleges in the State of Karnataka on
the basis of their ranking in COMED-K 2015
and also in other States in different Colleges,
prior to being admitted to Sridevi Medical
College. This Court in its order dated
28.09.2015 passed in W.P. Nos.41899-
41900/2015 had made it very clear that
allotment of seats to Sridevi Medical College
is subject to the result of these proceedings.
Without being aware of the said condition,
these petitioners, who had already been
admitted to various professional courses
opted to get admitted in the Sridevi Medical
College.
The interim order granted by this Court was
challenged by Medical Council of India
before the Apex Court. The Apex Court
stayed the interim order passed by this Court
and made it clear that those admissions must
be kept in abeyance. The students were not
heard. When students approached the Apex
Court, they were directed to approach this
Court. The students, who were meritorious
and were all admitted to various professional
courses lost their seats in the process. They
have also lost one year. After filing this writ
petition, they did not get any favourable
orders. They approached the Government and
KPCF. The Government in turn had several
rounds of discussion with KPCF to
accommodate these students. The proposal of
the State Government with regard to KEA
seats is as under:
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Since the 60 merit Students who have secured
seats at Sridevi Medical College, Tumkur
through CET 2015-16, are suffering for no
fault of theirs and present situation is created
due to management approaching Hon'ble
High Court of Karnataka, without complying
lacunas pointed out by the MCI and not
substantiating the Interim Order dated
28-9-2015 before the Supreme Court and also
not getting the MCI permission for admission
for the year 2016-17, the following proposal
is made:
a) Since Medical Council of India did not
give permission for admission of MBBS as
on 31st May 2016 to Sridevi Medical
College, Tumkur for the year 2016-17 for
admission. The Government Medical
Colleges, to make way for admitting these
above 60 students who were selected during
2015-16, by way of offline counseling after
last round of counseling of CET 2016-17 and
they can be accommodated in 4 Government
Medical Colleges (non Hyderabad Karnataka
-Region) in Karwar, Madikeri,
Chamarajanagara and Gadag by Admitting 15
students in each college.
b) It is proposed/clarified that the
Government Medical Colleges at Karwar,
Madikeri, Chamarajanagara and Gadag will
set aside 15 seats for accommodating above
mentioned students, with the permission of
Hon'ble High Court.
c) As and when the college gets permission
from MCI to admit students, the Sridevi
Medical College shall surrender 60 seats for
compensating the above mentioned seats over
and above the seat which may be
surrendering as per consensual agreement.
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d) As there is no provision under KEA rules
for allotment of seats who has not appeared
for the CET Exam 2016-17, specific order is
required accommodate above said students.
Regarding 60 students admitted to Shridevi
Medical College, Tumkur during 2015-16
through COMED-K Quota, the State
Government has requested the COMED K to
take a stand in the same manner as that of the
Government to accommodate 60 students of
the year 2015-16 selected by COMED K
against the KPCF (COMED-K) Quota during
the current year, i.e., 2016-17 (Copy enclosed
- Annexure 1). The reply of COMED K is as
follows. (Copy enclosed - Annexure 2):
a) COMED - K merit list for the year 2015-16
is intended only for the said year and the
students of that year cannot be considered for
admission during the next or subsequent year.
This has been made clear in our Brochure
itself.
b) In respect of admissions during 2016-17,
as the Government is aware, all admissions in
Private Institutions have to be done only
through NEET Examination and its
eligibility. If any of the candidates in question
come through NEET scheme, they may select
seat strictly based on merit.
c) It may kindly be recalled that when these
students selected seats during 2015-16, they
were fully aware of the decision of the
Hon' ble High Court in its order dated
28-09-2015 in W.P.No.41899-900/2015 and
in W.P.No. 41398/2015, where a direction
was issued to allocate the seats on merit
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subject to the result of the said writ petitions.
In other words, the student are required to
wait for the final outcome of these writ
petitions.
d) The allotment letter issued by COMED K
to these students also carried the condition
that the said allotment is subject to the result
of the writ petitions.
In the circumstances and in the light of the
direction of the Hon'ble Supreme Court in
W.P.No.261/2016, dated 28-04-2016,
06-05-2016 and 09-05-2016, no allotment can
be done by COMED K unless the candidates
qualify in NEET. However, it is for the State
Government to consider accommodating
these students against the Government quota
seats in Private Colleges as per rules.
The above facts are submitted for the perusal
of Hon'ble High Court of Karnataka.
At the time of hearing, the learned counsel for
KPCF files a memo, which is extracted
below:
The Respondent No.8 herein i.e., Karnataka
Professional Colleges Foundation and
Respondent No.3 i.e., State Government have
sought to enter into a Consensual Agreement
for Academic year 2016-17, where under
40% seats will be surrendered by the member
institutions of Karnataka Professional
Colleges Foundation to the State
Government. It is submitted that apart from
the same additional 60 seats are being
surrendered by the member institutions of
Karnataka Professional Colleges Foundation
to the State Government in order to
accommodate the 60 students admitted by the
COMEDK on 30.09.2015 in Sridevi Institute
of Medical Sciences and Research Hospital.
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The fee payable by the said 60 students who
will be admitted by State Government will be
COMED-K fee fixed under the Consensual
Agreement for Academic year 2016-17.
We have gone through the memo dated
23.06.2016.
The learned counsel for the Medical Council
of India submits that they have serious
objection for this matter. Firstly, as the matter
is pending before this Court, any order to be
passed by this Court shall be subject to the
result of the said proceedings and secondly,
KPCF/Comed-K have no more authority to
allot seats. It has to be surrendered to the MCI
to be allotted through NEET.
The second submission of the Medical
Council of India is incorrect, since NEET is
only an examination to determine the merit
and KPCF has the right to enter into
consensual agreement with the State
Government with respect to regulating seat
sharing, admission process & fee structure
and surrender seats to be filled up through
State as per Act 8/2006 as amended by Act
39/2015, The Karnataka Professional
Educational Institutions (Regulation of
Admission & Determination of Fee)
Amendment Act, 2015. Therefore, the
Medical Council of India has no locus standi
to object the consensual agreement between
the State Government and KPCF.
In the facts of this case, we are satisfied that
the proposal given by the KPCF is fair and
reasonable. Already students have lost one
year. They cannot wait for the disposal before
the Supreme Court or for any event to
happen. Accordingly, this Court accords the
requisite permission to accommodate all the
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60 students in those ten Medical Colleges,
who are members of the KPCF, without
insisting on them to take the current KEA-
CET/NEET exams.
The learned counsel for the students, who are
appearing before the Court makes it very
clear that the students have burnt their fingers
and they have learnt a very big lesson and
they will not commit any blunder in future.
That only shows the helpless position in
which the students and their parents are
placed by all these great Institutions. In that
view of the matter, we grant requisite
permission to the Government to
accommodate all the 60 students in the
Member Institutions of KPCF, which they
have mentioned, at the earliest, after
following the requisite procedure and in
accordance with law. As all these students
had taken the C.E.T. examination 2015-2016
conducted by COMED-K and by virtue of
their merit, they had been admitted to Sridevi
Medical College, in the circumstances of the
case, on the basis of the same merit, they
have to be admitted to Members Institutions
of KPCF and there is no necessity for them to
take the C.E.T. 2016-2017.
In that view of the matter, we grant requisite
permission to the Government to
accommodate all the 60 students in the ten
Colleges against the 60 additional seats
surrendered by KPCF, at the earliest, after
following the requisite procedure and in
accordance with law. All other issues, which
are mentioned in the proposal could be
agitated during the course of hearing of the
proceedings and shall be subject to the result
of these petitions.
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Sridevi Medical College is directed to return
all the original documents, which are with
them, to the students to enable them to get
admission in Colleges."
6. The MCI carried the matter to the Supreme Court against
the order dated 23.06.2016 passed by this Court by filing Civil
Appeal Nos.9252-9308/2016. The Supreme Court, on
28.09.2016, passed the following order:
"1. We have heard the learned counsel
appearing for the parties.
2. Upon perusal of the record, it is crystal
clear that admission given to the students
concerned to MBBS course was conditional.
The fact with regard to conditional admission,
which was dependent upon the final outcome
of the writ petition, was duly informed to the
students, as one can see from the admission
letter issued to the students.
3. In the aforestated circumstances, the
students concerned do not have any right to
continue their studies in the same college or
to get admission in any other college.
Moreover, many of them have not passed the
requisite examination of NEET, which is very
much necessary to get admission to MBBS
course. Needless to say that it would be open
to those students, who are qualified to get
admission on the basis of their performance
in NEET, to get admission elsewhere and
they must have participated in the counseling.
4. In the aforestated circumstances, in our
opinion, the High Court ought not to have
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given any direction for accommodating the
students in any other college and therefore,
the impugned order giving direction to the
Government authorities to accommodate the
students in other medical colleges is neither
fair nor legal and therefore, the impugned
order is set aside.
5. The interlocutory applications are
accordingly disposed of and the appeals are
allowed with no order as to costs."
7. Thus, the Supreme Court held that the direction given by
this Court in the order dated 23.06.2016 for accommodating the
students in other medical colleges was neither fair nor legal and
the same was set aside and the appeals were allowed.
8. As the Supreme Court set aside the direction for
re-allocation of the students to other colleges/institutions, Writ
Petition Nos.4611-4667/2016 and 4677-4678/2016 along with
Writ Petition No.6776/2016 which were essentially filed for
re-allocation of the students to other medical colleges in
COMEDK seats were rendered infructuous. This Court, by its
detailed order dated 20.03.2017, dismissed the said petitions as
having been rendered infructuous.
9. I.A.No.1/17 in Writ Petition Nos.4611-4667/2016 and 4677-
4678/2016 as well as I.A.No.1/17 in Writ Petition No.6776/2016
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have been preferred by the students for appropriate direction to
the College/institution to refund the entire amount of the
academic fees paid towards COMEDK seats along with
exemplary damages. As aforesaid, the writ petitions were
dismissed as infructuous. This Court, in the order dated
20.03.2017, directed these IAs to be treated as filed in Writ
Petition Nos. 41899-41900/2015 filed by the College and the
petitioners/students in the writ petitions were directed to be
impleaded as party respondents in the writ petition filed by the
College.
10. In response to the said IAs, the College filed an affidavit
stating therein that each student had paid the academic fee of
Rs.5,04,000/- and caution deposit of Rs.25,000/- to the
institution. Thus, the academic fee plus caution deposit would
come to Rs.5,29,000/-. It was further stated that the College had
paid a sum of Rs.9,350/- per student as University fee and the
said amount has already been remitted to the University by the
College. Further statement was made that the petitioners/
students had been issued with medical books worth Rs.9,350/-
which had been collected by the College. A statement was also
made that the College was willing to refund a total sum of
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Rs.5,08,800/- to each of the students with a reduction of 30%
over the said amount and the total amount refundable by the
College to each student would come to Rs.3,56,160/-.
Considering the satisfied stand of the College, this Court passed
the following order:
"(i) All the petitioners of W.P.Nos.4611-
4667/2016 and 6776/2016 are ordered to be
impleaded as parties in W.P.Nos.41899-
900/2015 and Mr.Vivek Reddy, learned
Senior Counsel shall carry out necessary
amendment. Mr.Vivek Reddy, learned Senior
Counsel appearing for Sri.K.N.Subba Reddy
appears for all the aforesaid parties and
therefore, no further steps are required to be
taken in W.P.Nos.41899-900/2015.
(ii) I.A.No.1/17 filed in W.P.Nos.4611-
4667/2016 as well as I.A.No.1/17 filed in
W.P.No.6776/2016 shall be treated as filed in
W.P.Nos.41899-900/2015.
(iii) IAs, the contentions and pleadings
therein shall be treated as in W.P.Nos.41899-
900/2015.
(iv) Dr.M.R.Hulinayakar S/o late Rangappa,
Chairman and the Managing Trustee as well
as Dr.M.H.Raman S/o M.R.Hulinayakar,
Secretary of the trust running
college/institution, shall deposit the amount
of Rs.3,05,28,000/- with this Court in the
following manner:
a. Rs.30,00,000/- being 10% of the total
amount on or before 31.03.2017.
b. The remaining amount shall be in six
installments each of Rs.45,88,000/- on or
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before the end of each month starting from
April 2017 and ending in September 2017.
(v) The amount which may be deposited by
the college shall be divided into 60 and the
each student shall be permitted to withdraw
the proportionate amount [1/60] on his/her
filing an undertaking that
(a) the withdrawal is subject to finalisation of
aspects by this Court as to whether the
college should be permitted to retain 30% of
the amount of fees or not
(b) the student concerned shall redeposit the
amount with the interest, if it is so directed by
this Court within 60 days from the date of
passing of the order by this Court
(c) the student will not claim any damages
except the aspect of interest on the amount
fees which is to be finalized by this Court
together with the question of retention of 30%
of the amount.
(vi) It is made clear that aforesaid interim
arrangement are subject to final order which
may be passed by this Court in IA's with
W.P.Nos.41899-900/2015.
(vii) Accordingly, W.P.Nos.4611-4667/2016,
4677-78/2016 and 6776/2016 shall stand
disposed of with further clarification that the
rights and contentions of the parties arising
there from for quantification of the refund of
the fees is to be filed in W.P.Nos.41899-
900/2015, with IA's therein.
(viii) The withdrawal of the amount shall be
permitted by the office to each student
concerned separately only after such
respective student files his separate
declaration in terms of the aforesaid order.
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(ix) I.A.No.2/17 shall not require to be
considered since I.A.No.1/17 is to be
considered in W.P.Nos.41899-900/2015.
Office shall keep the record of
W.P.Nos.4611-4667/2016 and 6776/2016 for
convenient disposal of W.P.Nos.41899-
900/2015.
(x) If any of the student fails to give the
undertaking on or before 24th of April 2017,
it would be open to the college/institution to
move this Court for modification of condition
for proportionate reduction of the amount to
be deposited as per this order.
(xi) Let W.P.Nos.41899-900/2015 together
with the aforesaid I.As.1/17 for refund of fees
be listed for final disposal on 8th June 2017."
11. Now, the question which remains to be answered is
whether the College should be permitted to retain 30% of the
amount of fee and what interest is to be paid by the College to
each student in respect of the fee refunded to the students.
12. The students took admission in pursuance to the interim
direction issued by this Court on 28.09.2015. The Supreme
Court had stayed the said interim direction in Special Leave to
Appeal (C) Nos.29000-29001/2015. The students knew about
the pendency of the Court proceedings and therefore, they are
also responsible for taking the risk by taking the admissions
while the litigation was pending before this Court in respect of
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the permission having been denied by the Government of India
for the academic year 2015-2016. We are, therefore, of the
opinion that the retention of 30% of the fee by the College which
had made requisite facilities and employed staff including the
teaching staff appears to be justified and therefore, we hold that
the College is liable to refund 70% of the fee deposited by each
student. The said fee has already been refunded to each
student.
13. Now, the next question which remains to be answered is
interest to be paid on the fee paid by each student.
14. The order for refund was granted by this Court on
20.03.2017. The students who took admissions in the college
against COMEDK seats could not pursue their studies for MBBS
course as the request of the college for renewal for the academic
year 2015-2016 was denied by the Government of India and the
interim direction issued by this Court granting admission to the
students was stayed by the Supreme Court of India. The College
has retained the fee, though the students could not pursue their
studies. Therefore, some amount of interest is to be levied for
the retention of 70% of the fee by the College.
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15. Considering the facts and circumstances of the case and
the checkered history of litigation, in the interest of justice, we
deem it appropriate to direct the College to pay 10% interest per
annum on 70% of the fee paid by each student from the date of
deposit till the date of the refund.
16. With the aforesaid directions, we dispose of I.A.No.1/17
filed in Writ Petition No.41899/2015 and also close the Writ
Petition No.41899/2015.
As per the order dated 20.03.2017 passed by this Court,
W.P.No.4611/2016 is dismissed as having been rendered
infructuous.
Pending IAs, if any, stand disposed of as not surviving for
consideration.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
BKV
