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Ms. Abhignashree L vs The State Of Karnataka
2026 Latest Caselaw 1272 Kant

Citation : 2026 Latest Caselaw 1272 Kant
Judgement Date : 13 February, 2026

[Cites 3, Cited by 0]

Karnataka High Court

Ms. Abhignashree L vs The State Of Karnataka on 13 February, 2026

                                             -1-
                                                         NC: 2026:KHC:9033-DB
                                                         WP No.36279 of 2025


                 HC-KAR


                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 13TH DAY OF FEBRUARY, 2026
                                          PRESENT
                          THE HON'BLE MR. JUSTICE JAYANT BANERJI
                                            AND
                            THE HON'BLE MR. JUSTICE T.M.NADAF
                       WRIT PETITION NO. 36279 OF 2025 (EDN-RES)

                BETWEEN:

                      MS.ABHIGNASHREE L
                      D/O LOKESH. V
                      AGED ABOUT 24 YEARS
                      STUDENT OF 3RD YEAR MBBS COURSE
                      DR.B.R.AMBEDKAR MEDICAL COLLEGE
                      K.G.HALLI, BENGALURU-560 045
                      R/AT NO.104, CHANDAN APRTS.
                      ANNAPURANESHWARA NAGAR
                      NAGARBHAVI, BENGALURU-560 091
                                                                 ...PETITIONER
                (BY SMT.JAHNAVI MANJUNATH, ADVOCATE FOR
                    SRI CHANDRAKANTH R GOULAY, ADVOCATE)
                AND:

Digitally       1.    THE STATE OF KARNATAKA
signed by K G
RENUKAMBA             DEPARTMENT OF MEDICAL EDUCATION
Location:
                      M.S.BUILDINGS, BENGALURU-560 001
HIGH COURT
OF              2.    NATIONAL MEDICAL COMMISSION
KARNATAKA             (ERSTWHILE MEDICAL COUNCIL OF INDIA)
                      POCKET 14, SECTOR 8
                      DWARKA, NEW DELHI-110 007
                      REP. BY ITS SECRETARY

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

                4.    THE KARNATAKA EXAMINATIONS AUTHORITY
                      SAMPIGE ROAD, 18TH CROSS
                             -2-
                                       NC: 2026:KHC:9033-DB
                                       WP No.36279 of 2025


 HC-KAR


     MALLESHWARAM, BANGALORE-560 012
     REP. BY ITS EXECUTIVE DIRECTOR

5.   G.R.MEDICAL COLLEGE HOSPITAL
     AND RESEARCH CENTRE
     PADU, VIA PADUMALE, NEERUMARGA
     MANGALORE-575 029
     REP.BY DEAN & DIRECTOR SRI GANESH RAO

6.   G R EDUCATION TRUST
     NEERMARGA, NEER MARGA
     MANGALORE -575 029
     REP. ITS AUTHORISED OFFICER

7.   THE CHAIRMAN
     FEE REGULATORY COMMITTEE
     KARNATAKA EXAMINATIONS AUTHORITY
     SAMPIGE ROAD, 18TH CROSS
     MALLESHWARAM, BANGALORE - 560 012
                                             ...RESPONDENTS
(BY SMT.MAMATHA SHETTY, AGA FOR R1;
    SRI N.K.RAMESH, ADVOCATE FOR R4 & R7,
    SRI VIKRAM UNNI RAJGOPAL, ADVOCATE FOR R5 & R6;
    R2 & R3 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 DIRECTING THE 5TH RESPONDENT TO REFUND THE
UNLAWFUL EXCESS AMOUNT COLLECTED FROM THE PETITIONER
TOTALLING RS.25,03,950/- (ANNEXURE-A) WITH INTEREST AT 12%
P.A. ETC.

       THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI
       and
       HON'BLE MR. JUSTICE T.M.NADAF
                                     -3-
                                                  NC: 2026:KHC:9033-DB
                                                  WP No.36279 of 2025


HC-KAR


                           ORAL ORDER

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

This petition has been filed seeking the following reliefs:

(a) Issue a writ of mandamus directing the 5th

Respondent to refund the unlawful excess

amount collected from the petitioner totalling

Rs.25,03,950/- (Annexure-A) with interest at

12 percent per annum;

(b) Issue a direction to the Respondents-1 to 4 to

ensure, facilitate to refund from the 5th

Respondent, in light of similar common

judgment dated 11/08/2025 passed by this

Hon'ble Court in W.P.No.10871/2024 and other

connected cases;

(c) Issue a writ of mandamus in the nature of

directing the Fee Regulation Committee to

decide FRC No.8/2025 as early as possible;

(d) Pass such other order or reliefs as this Hon'ble

Court may deem fit, including costs of the

petition.

NC: 2026:KHC:9033-DB

HC-KAR

2. It is submitted by learned Counsel for the petitioner

that for the very same relief sought in prayer No.(a) an

application has been made to the Fee Regulatory Committee

constituted under Section 6 of the Karnataka Professional

Education Institutions (Regulation of Admission and

Determination of Fee) Act, 2006.

3. Sri N.K.Ramesh, learned Counsel appearing for the

Committee states that the matter is pending consideration

before the Committee. Learned Counsel for respondent

No.6/Trust, also states that the cross examination of the

petitioner has taken place in part before the Fee Regulatory

Committee.

4. In view of the aforesaid, we find no reason to

interfere in this petition as the petitioner is already availing the

statutory remedy provided under the aforesaid Act of 2006. For

the reason aforesaid, this petition is dismissed.

5. Though the learned Counsel for the petitioner prays

for direction for early disposal of the case, however, nothing

has been demonstrated by the learned Counsel for the

NC: 2026:KHC:9033-DB

HC-KAR

petitioner who appears online, that unnecessary delay is being

caused by the Fee Regulatory Committee in deciding her case.

6. Be that as it may, the Committee may endeavour to

decide the matter without granting any unnecessary

adjournment to any of the parties.

Sd/-

(JAYANT BANERJI) JUDGE

Sd/-

(T.M.NADAF) JUDGE

KSR List No.: 1 Sl No.: 8

 
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