Karnataka High Court
Mr Chris Wilson vs The State Of Karnataka on 9 September, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:36805
WP No. 10734 of 2024
C/W WP No. 13693 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.10734 OF 2024 (EDN-RES)
C/W
WRIT PETITION NO.13693 OF 2024 (EDN-RES)
IN WP No. 10734/2024
BETWEEN:
1. MR CHRIS WILSON
AGED 23 YEARS,
S/O K WILSON
MBBS INTERNS
ST. JOHNS MEDICAL COLLEGE,
BENGALURU, PERMANENT
R/O KUNDAPURA TALUK
UDUPI DISTRICT - 572 101.
2. MR. CECIL CHERIYAN
AGED 24 YEARS
Digitally signed S/O CHERIYAN
by LEELAVATHI MBBS INTERNS, ST. JOHNS MEDICAL COLLEGE,
SR BENGALURU
Location: HIGH PERMANENT R/O THRISSUR
COURT OF KERALA - 680 001.
KARNATAKA
3. MR. JOEVETTE C VINCENT
AGED 24 YEARS,
S/O VINCENT
MBBS INTERNS, ST. JOHNS MEDICAL COLLEGE,
BENGALURU
PERMANENT R/O THRISSUR
KERALA - 680 001.
4. MR. SEBIN GEORGE
AGED 25 YEARS,
S/O GEORGE M.V.
MBBS INTERNS
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NC: 2024:KHC:36805
WP No. 10734 of 2024
C/W WP No. 13693 of 2024
ST. JOHNS MEDICAL COLLEGE,
BENGALURU
PERMANENT R/O ERNAKULAM KERALA - 683 501.
5. MISS. ANACHAL S SEBASTIAN
AGED 23 YEARS
D/O SIBY SEBASTIAN
MBBS INTERNS
ST. JOHNS MEDICAL COLLEGE,
BENGALURU
PERMANENT R/O KOTTAYAM
KERALA - 686 001.
6. MISS. SHWETA MARIA BIJI
AGED 25 YEARS,
D/O BIJI STEPNEN
MBBS INTERNS
ST. JOHNS MEDICAL COLLEGE,
BENGALURU
PERMANENT R/O ERNAKULAM
KERALA - 683 501.
7. MISS. ANAMIKA ANN MARIA
AGED 23 YEARS
D/O ANTONY PAUL
MBBS INTERNS
ST. JOHNS MEDICAL COLLEGE,
BENGALURU
PERMANENT R/O ERNAKULAM
KERALA - 683 501.
8. MR. ALAN BABY
AGED 23 YEARS
S/O BABY JOSEPH
MBBS INTERNS
ST. JOHNS MEDICAL COLLEGE,
BENGALURU
PERMANENT R/O IDDUKKI
KERALA - 685 602.
9. MISS. SHRUTI MONDAL
AGED 23 YEARS
D/O PRABIR KUMAR MONDAL
MBBS INTERNS
ST. JOHNS MEDICAL COLLEGE,
BENGALURU
PERMANENT R/O ENTALLY, KOLKATA
WEST BENGAL - 700 054.
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WP No. 10734 of 2024
C/W WP No. 13693 of 2024
10. MISS. ANJANA BABU
AGED 25 YEARS,
D/O BABU V D
MBBS INTERNS
ST. JOHNS MEDICAL COLLEGE,
BENGALURU
PERMANENT R/O ERNAKULAM
KERALA - 683 501.
11. MISS. PALMEIRA DIAS
AGED 23 YEARS
D/O JON DIAS
MBBS INTERNS
ST. JOHNS MEDICAL COLLEGE,
BENGALURU - 562 101
PERMANENT R/O SAGAR SHIMOGA
KARNATAKA.
12. MISS. JUVINA JOHNSON
AGED 26 YEARS
D/O HONSON P I
MBBS INTERNS
ST. JOHNS MEDICAL COLLEGE,
BENGALURU
PERMANENT R/O THRISSUR
KERALA - 680 001.
...PETITIONERS
(BY SRI. SIJI MALAYIL, ADVOCATE FOR P-3, P-6, P-7, P-9, P-10, P-12
VIDE ORDER DATED 22.07.2024 P-1 IS DIMISSED
VIDE ORDER DATED 30.08.2024 P-2 & P-4 ARE DIMISSED
VIDE ORDER DATED 10.06.2024 P-5, P-8 & P-11 ARE DISMISSED)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BANGALORE - 560001.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH T BLOCK EAST,
PATTABHIRAMA NAGAR
JAYANAGAR, BENGALURU
KARNATAKA - 560 041
REPRESENTED BY ITS VICE CHANCELLOR
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NC: 2024:KHC:36805
WP No. 10734 of 2024
C/W WP No. 13693 of 2024
3. M/S. ST. JOHNS MEDICAL COLLEGE
(UNIT OF CBCI SOCIETY FOR MEDICAL EDUCATION)
SARJAPUR - MARATHAHALLI ROAD,
BESIDE BANK OF BARODA,
JOHN NAGAR, KORAMANGALA
BENGALURU, KARNATAKA - 560034
REPRESENTED BY ITS
ASSOCIATE DIRECTOR.
...RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA FOR R-1;
SMT. FARAH FATHIMA, ADVOCATE FOR R-2;
SRI. MANMOHAN P.N., ADVOCATE FOR R-3)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 TO CONSIDER
THE REPRESENTATIONS MADE BY THE PETITIONERS DATED 05/03/2024
ANNEXURES - H TO H11 AND ETC.
IN WP NO.13693/2024
BETWEEN:
1. IRENE MATHEW
D/O SAJI MATHEW
AGED ABOUT 24 YEARS
MBBS INTERN AT ST. JOHNS MEDICAL COLLEGE
SARJAPUR ROAD
BENGALURU - 560 034
PERMANENT R/O NO.55, 2ND CROSS
MARUTHINAGAR,
MADIWALA, BOMMANAHALLI
BENGALURU - 560 068
2 JOE THOMAS
S/O SISSY JOSEPH C
AGED ABOUT 25 YEARS
MBBS INTERN AT ST JOHNS MEDICAL COLLEGE
SARJAPUR ROAD
BENGALURU-560 034
PERMANENT R/O MANAYATHUSSERIL HOUSE
KANHIRANGAD P.O., THALIPARAMBA KANNUR
KERALA - 670 141
3. RIYA SAM
D/O SAM K ABRAHAM
AGED ABOUT 25 YEARS
MBBS INTERN AT ST JOHNS MEDICAL COLLEGE
-5-
NC: 2024:KHC:36805
WP No. 10734 of 2024
C/W WP No. 13693 of 2024
SARJAPUR ROAD
BENGALURU-560 034
PERMANENT R/O.
TC 3/929 (3), FLAT NO.GD
BEACON TERRACE, MANNANTHALA PO
THIRUVANANTHAPURAM, NALANCHIRA
KERALA - 695 015
4. JOJI MATHEW
S/O JOHNSON A MATHEW
AGED ABOUT 26 YEARS,
MBBS INTERN AT ST JOHNS MEDICAL COLLEGE
SARJAPUR ROAD,
BENGALURU-560034
PERMANENT R/O ALUMKAL, ANICKADE EAST PO
KOTTAYAM, KERALA - 686 503
5. ANNU J ADHIKARAM
D/O JUSTINE JACOB ADHIKARAM
MBBS INTERN AT ST JOHNS MEDICAL COLLEGE
SARJAPUR ROAD,
BENGALURU - 560 034
PERMANENT R/O
ADHIKARAM HOUSE, MUTHALAKODAM PO
THODUPUZHA KUMARAMANGALAM
IDUKKI, KERALA - 685 605.
6. THOMSON K SEBASTIAN
S/O BABY SEBASTIAN
MBBS INTERN AT ST JOHNS MEDICAL COLLEGE
SARJAPUR ROAD,
BENGALURU - 560 034
PERMANENT R/O
KADAKELIL VARIPARA, KADALMAD POST
MUPPAINAD VATUVANCHAL
VYTHIRI WAYANAD, KERALA - 673 581
7. JEFRIN K JOSEPH
S/O K V JOSEPH
MBBS INTERN AT ST JOHNS MEDICAL COLLEGE
SARJAPUR ROAD
BENGALURU - 560 034
PERMANENT R/O KANIYAMKANDATHIL, SOUHRIDA ROAD,
PALACHUVADU KAKKANAD
KAKKANAD S O, ERNAKULAM
KERALA - 682 030.
...PETITIONERS
(BY SRI. SIJI MALAYIL, ADVOCATE)
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WP No. 10734 of 2024
C/W WP No. 13693 of 2024
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKASA SOUDHA
BENGALURU-560001.
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
4TH T BLOCK, EAST,
PATTABHIRAMA NAGAR
JAYANAGAR, BENGALURU
KARNATAKA - 560 041
REPRESENTED BY
ITS VICE CHANCELLOR.
3. M/S ST JOHNS MEDICAL COLLEGE
(UNIT OF CBCI SOCIETY
FOR MEDICAL EDUCATION)
SARJAPUR - MARATHAHALLI RD
BESIDE BANK OF BARODA
JOHN NAGAR, KORAMANGALA
BENGALURU, KARNATAKA-560034
REPRESENTED BY
ITS ASSOCIATE DIRECTOR.
4. NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR - 8
DWARKA PHASE 1
NEW DELHI-110077
REPRESENTED BY ITS SECRETARY.
...RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA FOR R-1
SMT. FARAH FATHIMA, ADVOCATE FOR R-2
SRI. MANMOHAN P.N, ADVOCATE FOR R-3
SRI. N. KHETTY, ADVOCATE FOR R-4)
THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION
OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT ORDER OR DIRECTION DIRECTING THE
RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION MADE BY
THE PETITIONERS DATED: 28.03.2024, 03.04.2024 AND 15.04.2024 VIDE
ANNEXURE - E - E6 AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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C/W WP No. 13693 of 2024
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In W.P.No.10734/2024, petitioners seek the following reliefs:
"I. To issue a writ of Mandamus or any other appropriate writ order or direction, directing the Respondent No.3 to consider the representations made by the Petitioners dated 5.3.2024 (Annexure-H to H11).
II. To issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent No.3 herein not to implement the Bond executed by the Petitioners as the same is violative of Article 14 of the Constitution of India and thereby emancipate the Petitioners from the Bond executed.
III. Pass any order of consequential relief or any other appropriate order or direction in favour of the Petitioners herein, as this Hon'ble Court deems fit in the facts and circumstances of the case to meet the ends of justice and equity."
2. In W.P.No.13693/2024, petitioners seek the following reliefs:
"I. To issue a Writ of Mandamus or any other appropriate writ order or direction, directing the Respondent No.3 to consider the representation made by the Petitioners -8- NC: 2024:KHC:36805 WP No. 10734 of 2024 C/W WP No. 13693 of 2024 dated 28.03.2024, 03.04.2024 and 15.04.2024 vide Annexures-E to E6.
II. To issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent No.3 from implementing the Bond executed by the Petitioners as the same is violative of Article 14 of the Constitution of India and thereby emancipate the Petitioners from the Bond executed.
III. To issue the writ of Certiorari for quashing the bond executed between the petitioners and respondent No.3 as the same is violative of Article 14 and Article 23 of the Constitution of India; herewith produced as Annexures- B to B4.
IV. Pass any order of consequential relief or any other appropriate order or direction in favour of the petitioners herein, as this Hon'ble Court deems fit in the facts and circumstances of the case to meet the ends of justice and equity."
3. Heard learned counsel for the petitioners, learned AGA for the respondent-State and learned counsel for other respondents and perused the material on record.
4. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioners submits that the impugned bonds obtained by respondent No.3 from the petitioners at the time of admission of the petitioners into respondent No.3 - College are -9- NC: 2024:KHC:36805 WP No. 10734 of 2024 C/W WP No. 13693 of 2024 illegal, arbitrary and without jurisdiction or authority of law and the same deserve to be quashed and necessary directions are to be issued to respondent No.3 to consider the representations submitted by the petitioners in accordance with law.
5. In support of his submissions, he places reliance upon the following judgments:
(i) Shabana Salahuddin vs. Union of India -
W.P.No.29635/2018 & Con. Matters dated 14.02.2020.
(ii) Ruksmaniben Deepchand Garadi Medical
College Vs. Dr. Anshul Jain -
W.A.No.757/2020 dated 20.09.2022
(Madhyapradesh).
(iii) Ruksmaniben Deepchand Garadi Medical College Vs. Dr. Anshul Jain - SLP No.19396/2022 dated 18.11.2022 (SC)
(iv) TMA Pai Foundation Vs. State of Karnataka -
(2002) 8 SCC 481.
(v) Dr. Mohammed Fahad Khan Vs. Union of India - W.P.No.6704/2020 dated 24.04.2020.
(vi) Koushal Kishore Vs. State of Uttarpradesh -
W.P.(Criminal) No.113/2016 dated 03.01.2023 (SC)
(vii) Sunil Kumar Rai Vs. State of Bihar - 2022 SCC OnLine SC 232.
(viii) St. Mary's Education Society Vs. Rajendra Prasad Bhargava - (2023) 4 SCC 498.
(ix) Janet Jeyapaul Vs. SRM University - (2015) 16 SCC 530.
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(x) K.R. Divyashree Vs. State of Karnataka -
W.P.No.47380/2017 dated 27.03.2018.
(xi) Sushant Deshmukh Vs. Visveshwaraiah Technological University - 2018 SCC OnLine KAR 3430.
6. Per contra, learned counsel for respondent No.3 would reiterate the various contentions urged in the Statement of Objections and submits that apart from the fact that the present petition is not maintainable in law or on facts, the various allegations and claim made by the petitioners are false, untenable, devoid of merits and the same are liable to be rejected and the petitions are liable to be dismissed.
7. In support of his submissions, he places reliance upon the following judgments:
(i) St. Mary's Education Society Vs. Rajendra Prasad Bhargava - (2023) 4 SCC 498.
(ii) State of Bihar Vs. Jain Plastics and Chemicals Limited - (2002) 1 SCC 216.
(iii) SK Varshney Vs. Principal, Our Lady of Fathima Higher Secondary School - (2023) 4 SCC 539.
(iv) Association of Medical Super Specialty Aspirants and Residents Vs. Union of India - (2019) 8 SCC 607.
(v) TMA Pai Foundation Vs. State of Karnataka -
(2002) 8 SCC 481.
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(vi) Shahal H. Musaliar Vs. State of Kerala - (1993) 4 SCC 112.
(vii) Islamia Academy of Education Vs. State of Karnataka - (2003) 6 SCC 697.
(viii) P.A. Inamdar Vs. State of Maharashtra - (2005) 6 SCC 537.
(ix) CBCI Vs. Bangalore University - ILR 1985 KAR
855.
(x) CBCI Society for Medical Education Vs. State of Karnataka - (2004) 13 SCC 6.
(xi) CBCI Society for Medical Education Vs. State of Karnataka - W.P.No.14160/2005 and Con. Matters dated 10.11.2005.
(xii) Mrimoy Maity Vs. Chhanda Koley - 2024 SCC OnLine SC 551.
(xiii) Chennai Metropolitan Water Supply and Sewage Board Vs. T.T. Murali Babu - (2014) 4 SCC 108.
(xiv) National Highways Authority of India Vs. Ganga Enterprises - (2003) 7 SCC 410.
(xv) Union of India Vs. Puna Hinda - (2021) 10 SCC
690. (xvi) K. Jayaram Vs. Bangalore Development Authority - (2022) 12 SCC 815.
(xvii) Union of India Vs. N.Murugesan - (2022) 2 SCC
25. (xviii) State of U.P. Vs. Karunesh Kumar - 2022 SCC OnLine SC 1706.
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8. A perusal of the material on record will indicate that there are several complex/complicated and disputed questions of law and fact that arise for consideration in these petitions, which are incapable of being adjudicated upon by this Court in the exercise of its jurisdiction under Article 226 of the Constitution of India. Under these circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of the petitions relegating the parties to availing and taking recourse to such remedies as available in law against each other by leaving open all rival contentions urged by both sides to be adjudicated upon by the proper Court/Forum, in accordance with law.
9. It is however relevant to state that in the event respondent No.3-College has obtained/collected/received any original documents viz., marks cards, marks sheets, certificates etc., from the petitioners-students, necessary directions are to be issued to respondent No.3-College to return the same back to the petitioners within a stipulated timeframe.
10. In the result, I pass the following:
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(i) The petitions are hereby disposed of.
(ii) Liberty is reserved in favour of both petitioners and respondents to take recourse to such remedies as available in law, including initiating appropriate proceedings as against each other, subject to all just exceptions and all defences available to the parties.
(iii) All rival contentions between the petitioners and respondents including legality, validity and correctness of the bond, undertaking, etc., said to have been executed by the petitioners in favour of respondent No.3 - college are kept open to be decided in an appropriate proceedings and no opinion is expressed on the same.
(iv) All rival contentions between the parties in any suits, litigations, proceedings etc., including the pending O.S.No.2083/2024, O.S.No.2101/2024, O.S.No.2100/2024, O.S.No.2102/2024, O.S.No.2081/2024 and O.S.No.2103/2024 are kept open and no opinion is expressed on the same.
(v) Respondent No.3 - college is directed to return all the original documents, marks card, marks sheet, certificates, etc., if
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(vi) It is made clear that the present order is applicable only to the petitioners in the present petitions and will not be applicable to the any other person/student or any other litigation filed/to be filed by anyone else against the respondents.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE SV/BMC List No.: 2 Sl No.: 5