Karnataka High Court
Dr Ravikiran K R vs State Of Karnataka on 8 September, 2020
Author: G.Narendar
Bench: G.Narendar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE G.NARENDAR
W.P.NO.8518/2020 (EDN-EX)
BETWEEN
1. DR. RAVIKIRAN K R
AGED ABOUT 27 YEARS
S/O REDDAPPA K V
AGED ABOUT 29 YEARS
RESIDING AT NO 1521, S5,
2ND CROSS, MUNISWAMY GOWDA LAYOUT,
KEMPAPURA, HEBBAL
BENGALURU - 560024.
2. DR. SHAKSHI GENERIWAL
AGED ABOUT 27 YEARS
D/O PRAMOD KUMAR GANERIWAL
RESIDING AT SHREE KRISHNA GARDEN
FLAT NO DF-1B, 1/1,
RAJA RAJENDRALALMITRA ROAD,
KOLKATA - 700085
PRESENTLY RESIDING AT NO 51
LAXMI GRAND, T002,
MSR EXTENSION ROAD,
PIPELINE ROAD, M S R NAGAR,
OPP.GATE NO 4, BENGALURU - 560054
3. DR STUTI KEDIA
AGED ABOUT 28 YEARS
D/O MOHAN LALKEDIA
R/O GOPAL BHAWAN
43, KAILASH BOSE STREET,
BEADON STREET,
KOLKATA, WEST BENGAL,
W.P.No.8518/2020
2
PRESENTLY RESIDING AT NO 51
LAXMI GRAND, T002,
MSR EXTENSION ROAD,
PIPELINE ROAD, M S R NAGAR,
OPP.GATE NO 4,
BENGALURU - 560054
4. DR SOPHIA THANNICKAL JOHNSON
AGED ABOUT 28 YEARS
D/O THANNICKAL JOHNSON GEORGE
THANNICKAL HOUSE,
NELLIMALA, P O.,
ERAVIPEROOR, NELLIMALA, PO
ERAVIPEROOR, NELLIMALA,
PATHANAMTHITTA,
KERALA - 689 542
PRESENTLY RESIDINGAT NO 38/10,
5TH MAIN ROAD, 12TH CROSS,
MSR NAGAR
BENGALURU - 560054
5. DR SALONI BHARADWAJ
AGED ABOUT 28 YEARS
D/O DR SAROJANAND JHA
R/O NO 2901, 5TH CROSS
M C C B BLOCK
DAVANGERE, SOUTHERN EXTENSION
DAVANGERE - 577004
PRESNTLY RESIDING AT
T6, LAKSHMI ENCLAVE,
6TH CROSS, 80 FEET ROAD,
ASHWATH NAGAR
BENGALURU - 560054.
6. DR ANKITA JAIN
AGED ABOUT 26 YEARS
D/O ANIL JAIN
R/O 1547, SECTOR 15,
SONIPAT, HARYANA 31001,
W.P.No.8518/2020
3
PRESENTLY RESIDING AT :
TRIVENI LADIES HOSTE,
NEAR RAMAIAH MEDICAL,
MSR NAGAR,
BENGALURU - 560054
7. DR MINNU JOE IDA
AGED ABOUT 28 YEARS,
D/O T V RAPHEL
R/O THAIKKATTI HOUSE,
DOLPHIN COLONY,
VIYYUR, P.O., THISSUR,
VIYYUR,
KERALA - 680010.
PRESENTLY RESIDING AT NO.38/10,
5TH 'A' MAIN ROAD,
12TH CROSS, MSR NAGAR
BENGALURU - 560054.
8. DR PRACHI
AGED ABOUT 27 YEARS
D/O PRAMOD KUMAR SINGH
R/O P K SINGH
NEAR DR INDUSHEKHAR
AHADEVA, SIWAN,
BIHAR - 841226,
PRESENTLY RESIDING AT NO.2,
A-WING, TRIVENI LADIES HOSTEL,
NEAR RAMAIAH MEDICAL,
M S R NAGAR,
BENGALURU - 560054.
9. DR. ROHIT SINGH
AGED ABOUT 30 YEARS
S/O SATISH KUMAR SINGH
R/O-D47/87,
88 RAMAPURA LUXA
VARANASI - 221001,
W.P.No.8518/2020
4
PRESENTLY RESIDINGAT 318,
GOKUL EXTENSION, MSR NAGAR,
OPP. MSR INSTITUTE OF
BUSINESS STUDIES
BENGALURU - 560054
10. DR SANOBER KHAN
AGED ABOUT 28 YEARS
D/O RASHID ALI KHAN
RESIDING AT HENNUR RESIDENCY,
FLAT NO.302, 63/14,
KACHRANAKAHALLI, 3RD BLOCK,
HRBR LAYOUT, KALYAN NAGAR,
BENGALURU - 560084
11. DR SONAL JAWA
AGED ABOUT 29 YEARS
D/O NARESH KUMAR JAWA
R/O E -21/A, 1ST FLOOR
RAJOIRI GARDEN
NEW DELHI - 110027
PRESENTLY RESIDING AT NO D-1,
NORTH POINT 2 GIRISH LIVING,
MSRIT POST, MATHIKERE ,
BENGALURU - 560054
12. DR RAJATHA V SHETTY
AGED 27 YEARS
D/O VIJAY SHETTY A N
R/AT ANEMAHAL,
DURGAMBHA RICE MILLS,
B M ROAD, SAKLESHPUR,
HASSAN DISTRICT - 573134
PRESENTLY RESIDING AT NO 51,
LAXMI GRANT, T002,
MSR EXTENION ROAD,
PIPELINE ROAD, MSR NAGAR
OPP. GATE NO 04,
BENGALURU - 560054.
W.P.No.8518/2020
5
13. DR. ANISHA SRIDHAR RAO
AGED ABOUT 27 YEARS
D/O SRIDHAR SADASIVRAO
RESIDING AT NO 250/D2,
2N "C" CROSS, GIRINAGAR,
BSK 3RD STAGE,
BENGALURU - 560085.
...PETITIONERS
(BY SMT MAMATHA S, ADV.)
AND
1. STATE OF KARNATAKA
REPRESENTED BY THE
PRINCIPAL SECRETARY,
DEPARTMENT OF MEDICAL EDUCATION
M S BUILDING, AMBEDKAR VEEDHI,
BENGALURU -560001.
2. THE CONSORTIUM OF PROFESSIONAL
EDUCATIONAL INSTITUTIONS AND
UNIVERSITIES (CODEUNIK),
NO 132, 2ND FLOOR, 11TH CROSS,
MALLESHWARAM
BENGALURU - 560055
REPRESENTED BY ITS PRESIDENT.
3. M S RAMAIAH UNIVERSITY OF
ALLIED SCIENCES,
HAVING ITS REGISTERED OFFICE AT
UNIVERSITY HOUSE,
GNANAGANGOTHRI CAMPUS,
NEW BEL ROAD, MSR NAGAR,
BENGALURU - 560054
REPRESENTED BY ITS REGISTRAR.
...RESPONDENTS
(BY SMT. ROOPA K.R., HCGP FOR R1,
SRI SHASHIKIRAN SHETTY, SR. ADV. FOR
SMT. FARAH FATHIMA, ADV. FOR R2 AND R3.)
W.P.No.8518/2020
6
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE FINAL EXAM NOTIFICATION
DTD.4.6.2020 ISSUED BY THE R-3 A COPY OF WHICH IS
PRODUCED AT ANNEXURE-G AND CONSEQUENTLY TO
DECIDE THE CLAIM OF THE PETITIONERS IN TERMS
OF THE ORDERS PASSED IN W.P.NO.56046-56058/2018
DTD.21.8.2019 VIDE ANNEXURE-A AND IN
W.P.NO.2179/2020 DTD.4.2.2020 VIDE ANNEXURE-C
AND THEN TO PROCEED WITH CONDUCT OF FINAL
EXAMINATION.
THIS WRIT PETITION COMING ON FOR DISPOSAL
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Smt.Mamatha.S, learned counsel for the petitioners, Smt.Roopa K.R, learned High Court Government Pleader for respondent No.1 and Sri.Shashikiran Shetty, learned Senior Counsel along with Smt.Farah Fathima, learned counsel for respondent Nos.2 and 3.
2. The dispute centers around the quantum of fee chargeable by respondent No.3 - University. The Division Bench of this Court had earlier by its order dated 21.08.2019, was pleased to direct the State Government and the first respondent to pass suitable orders on the representations made by the W.P.No.8518/2020 7 petitioners in this regard within a period of four weeks. As the first respondent had not passed any orders on the representation, the petitioners again approached this Court in the instant writ petition as the 3rd respondent was refusing to issue Hall Ticket to them. Keeping in view the circumstances, this Court after taking note of the issues was pleased to grant an interim order in the following manner:-
'ORDER
i) The third respondent shall permit the petitioners to take up the Examination subject to the petitioners filing an affidavit of undertaking to deposit the fee amounts including arrears within one month from today.
ii) The petitioners shall positively and without fail deposit/pay the fees(including arrears) with the 3rd respondent within one month from today.
iii) The petitioners shall also file an undertaking not to insist for release of Marks Card and declaration of results without deposit of the fees amount due to the 3rd respondent.
iv) The affidavit shall be furnished by the petitioners at the time of issuance of W.P.No.8518/2020 8 Hall Tickets. The affidavit shall be filed before this Court by 06-07-2020.
v) The Registry is directed to grant appointment to the petitioners' counsel for the purpose of filing the affidavit in the Registry on 06-07-2020.
A copy of this order shall also be furnished to the third respondent.
List for disposal on 17-08-2020.'
3. It is submitted that the petitioners have complied with the same and that subsequently, entire fees including arrears, penal sum has also been paid and Hall Ticket was issued and petitioners have taken the examination.
4. Learned Senior counsel submits that results have also been announced and Provisional Degree Certificates have been issued.
5. In that view of the matter, now the dispute narrows down to the quantum of fees alone. The law in this regard is well settled. The issue of quantum of fess is required to be gone into by the Fee Regulatory W.P.No.8518/2020 9 Committee, which has been established for the said purpose.
6. It is submitted by learned Senior counsel for respondent Nos.2 and 3 that the petitioners have already filed a complaint before the Fee Regulatory Committee.
7. In that view of the matter, the instant writ petition is disposed of by reserving liberty to the petitioners to further prosecute the complaint before the Fee Regulatory Committee and it is open to the petitioners to agitate the orders passed by respondent No.1 on the representations made by them before the appropriate forum.
The petition stands ordered accordingly.
Sd/-
JUDGE dn/-
CT-HR