Sri Subramanya G K vs The State Of Karnataka on 2 April, 2026

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                                                    WP No. 6147 of 2026


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                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 2ND DAY OF APRIL, 2026

                                       PRESENT
                        THE HON'BLE MR. JUSTICE JAYANT BANERJI
                                         AND
                         THE HON'BLE MR. JUSTICE RAJESH RAI K


                      WRIT PETITION NO. 6147 OF 2026 (EDN-RES)


               BETWEEN:

               SRI. SUBRAMANYA G.K
               S/O G.KOTTURESHWARA,
               AGED ABOUT 23 YEARS,
               R/O MAIN ROAD NEAR JAIN TEMPLE,
               KOTTURU, BELLARY,
               KARNATAKA - 583 134.
                                                             ...PETITIONER
               (BY SRI. CHANDRAKANTH R GOULAY, ADVOCATE)

Digitally      AND:
signed by
KAVYA G
Location:      1.    THE STATE OF KARNATAKA,
High Court           DEPARTMENT OF HEALTH AND
of Karnataka
                     FAMILY WELFARE, 105, 1ST FLOOR,
                     SECRETARIAT BUILDING,
                     VIKASASOUDHA, BENGALURU-560 001,
                     REPRESENTED BY ITS SECRETARY.

               2.    NATIONAL MEDICAL COMMISSION,
                     (ERSTWHILE MEDICAL COUNCIL OF INDIA),
                     POCKET 14, SECTOR 8, DWARKA,
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                                      WP No. 6147 of 2026


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     NEW DELHI - 110 007,
     REPRESENTED BY ITS SECRETARY.

3.   THE DIRECTORATE OF MEDICAL EDUCATION,
     REPRESENTED BY ITS DIRECTOR,
     I FLOOR, FORT, K R ROAD,
     BENGALURU-560 002.

4.   KARNATAKA EXAMINATIONS AUTHORITY,
     SAMPIGE ROAD, 18TH CROSS,
     MALLESHWARAM, BANGALORE-560 012,
     REPRESENTED BY
     ITS EXECUTIVE DIRECTOR.

5.   RAJIV GANDHI UNIVERSITY
     OF HEALTH SCIENCES,
     4TH T BLOCK, JAYANAGAR,
     BANGALORE - 560 041,
     REPRESENTED BY ITS REGISTRAR.

6.   KANNCHUR INSTITUTE OF MEDICAL SCIENCE,
     RV IIIX, 96F, MANGALURU KHOKKOTTU,
     KONAJI UNIVERSITY ROAD,
     KOTTAKARBERALUKATTE,
     MANGALURU-575 018,
     REP. BY THE PRINCIPAL.

7.   DR.B.R.AMBEDKAR MEDICAL COLLEGE
     AND LAB, 19, VENKATESHPURAM,
     KADUGONDANAHALLI, BENGALURU,
     KARNATAKA-560 045,
     REP. BY THE PRINCIPAL.
                                           ...RESPONDENTS
(BY SMT.MAMATHA SHETTY, AGA FOR R1 AND R3;
    SRI.H.R.SHOWRI, ADVOCATE FOR R2;
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                                              WP No. 6147 of 2026


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   SRI.N.K.RAMESH, ADVOCATE FOR R4;
   SRI.ABHISHEK KUMAR, ADVOCATE FOR R5;
   SRI.HARISH.H.V, ADVOCATE FOR R7;
   R6-SERVED, UNREPRESENTED)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
(A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT/ORDER DIRECTING THE RESPONDENTS TO
TRANSFER THE PETITIONER FROM KANNUCHUR MEDICAL
COLLEGE, MANGLURU TO       DR.B.R.AMBEDKAR MEDICAL
COLLEGE, BENGALURU FOR THE 5TH YEAR MBBS COURSE AND
TO PASS APPROPRIATE AND SUITABLE ORDERS (B) TO DIRECT
THE RESPONDENTS TO PERMIT THE PETITIONER TO ATTEND
TO 5TH YEAR MBBS CLASSES AND APPEAR FOR THE ENSURING
EXAMINATIONS AT DR.B.R.AMBEDKAR MEDICAL COLLEGE AND
ETC.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI
       and
       HON'BLE MR. JUSTICE RAJESH RAI K


                          ORAL ORDER

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

Heard the learned counsel for the petitioner. The

respondents other than respondent No.6 are represented.

2. This petition is filed seeking the following reliefs:

"a) ISSUE a writ of Mandamus or any other appropriate writ/order directing the respondents to transfer the petitioner from Kannchur Medical College, Mangluru to Dr.B.R. Ambedkar Medical College, Bengaluru for the

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5th Year MBBS Course and to pass appropriate and suitable orders;

b) TO DIRECT the respondents to permit the petitioner to attend to 5th Year MBBS classes and appear for the ensuing examinations at Dr.B.R.Ambedkar Medical College;

c) PASS such other order/s as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity."

3. It is stated that the petitioner was initially admitted

to the 1st year MBBS course at G R Medical College, Mangaluru

commencing from the Academic Year 2021-2022 for a period of

5 ½ years. He had made a payment of Rs.10,11,950/- being

the fees to the college as demanded. In view of the dispute as

to the recognition of the said G R Medical College, he

approached this Court in Writ Petition No.10871/2024 which

was connected with another petition No.22695/2023. In the

petitioner's petition, the following order was passed:

" (Common order)

1. The petitioners in this batch of the writ petitions are the students who were allotted G R Medical College to pursue MBBS Course for the Academic Year - 2022-23 under the Management Quota by the Karnataka Examination Authority.

2. The NMC found that the allotment of the students to the said college on admissions of the students were is illegal and directed for cancellation of

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the admissions of the students in the G R Medical College for the Academic Session - 2022-23.

3. The NMC withdrew its recognition to the said college and as a result, the said college came to be closed down. The students of G R Medical College approached this Court by filing various writ petitions and the Division Bench of this Court directed the KEA to accommodate 150 students admitted by the G. R. Medical College for MBBS Course for the academic year 2022-23 in different private colleges. As a result of the said direction issued by this Court, these students have been accommodated in different medical colleges and they are pursuing their studies in the respective medical colleges.

4. Now, the question involved in these petitions is payment of fee demanded by the private colleges where the students of G. R. Medical College have been accommodated. The colleges are demanding the fee as prescribed by the Directorate of Medical Education under the Management Quota. However, the students submit that they were admitted in the G.R. Medical College as per the fee prescribed by the KEA.

5. On behalf of the petitioners - students it has been submitted that they are not liable to pay the excess fee to the private medical colleges where they have been accommodated in pursuance of closing down the college. We have put it to the respective colleges who are before us for the concession in the fee demanded by them. The colleges have left to the discretion of the Court to fix the fee, which may be reasonable and justified.

6. It appears that the colleges are demanding Rs.27,00,000/- for the second academic year and onwards. We deem it fit to limit the demand of the private colleges to Rs.20,00,000/- for the second, third and fourth academic year. We therefore direct the petitioners - students to pay the variance fee to the respective colleges at Rs.20,00,000/- each year for the second year to fourth year.

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7. With the aforesaid directions, we dispose of the writ petitions.

Pendings I.As., if any, shall stand disposed of"

4. It is stated that the NMC recommended to the State

Government for the transfer of 150 students of G R Medical

College admitted during the Academic Year 2021-2022 and to

make necessary arrangements for their transfer. Since the fee

being charged by respondent No.6 - College, to which the

petitioner was admitted pursuant to the direction of the NMC

were found to be excessive by the petitioner, he approached

this Court by means of the aforesaid petition in which the

aforesaid order was passed. It is stated that since similarly

placed students of the said G R College have been able to

secure admission to Dr. B.R.Ambedkar Medical College that is

respondent No.7, the petitioner is also entitled to be considered

for admission by paying the fees as paid to the G R Medical

College. Dr.B.R. Ambedkar Medical College is willing to accept

the fee as determined by G R Medical College and to permit him

to appear for the 5th Year MBBS course and to attend the

examination and therefore the present petition has been filed.

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5. The learned counsel for the petitioner states that he

had studied in the first year at G R Medical College and

thereafter he had never studied at respondent No.6 - College

for any period of time inasmuch as the fee demanded by

respondent No.6 - College was exorbitant. Therefore, since it is

the own admitted case as stated by the learned counsel for the

petitioner that the petitioner had not obtained admission in

respondent No.6 - College, therefore he is not entitled to the

relief as claimed.

6. It is noted that a false statement has been made in

paragraph No.11 of the writ petition that the petitioner had

chosen Kannchur Medical College (respondent No.6) in which

college he has been admitted and that in view of peculiar facts

and circumstances of the case, the petitioner is unable to

pursue his studies at Kannchur Medical College. There is no

evidence on record to demonstrate the admission of the

petitioner to Kannchur Institute of Medical Science- respondent

No.6.

7. This writ petition is wholly misconceived and is

therefore dismissed with cost of Rs.10,000/-, that shall be

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deposited within one week to the account of the Karnataka

Legal Services Authority, Bengaluru failing which the amount

shall be recovered from the petitioner as fine.