Karnataka High Court
Ramakrishna Ayurvedic Medical College vs Rajiv Gandhi University Of Health ... on 24 May, 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MAY, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.3839 OF 2022 (EDN-RES)
C/W
WRIT PETITION NOS.4137 OF 2022, 1156 OF 2022,
3643 OF 2022, 3070 OF 2022, 3108 OF 2022,
3602 OF 2022, 3668 OF 2022,
714 OF 2022, 3686 OF 2022
&
WRIT PETITION NO.3810 OF 2022
IN WP NO.3839 OF 2022
BETWEEN:
1. SARALA SANATH KUMAR
AGE: 18 YEARS
2. MOGILI VISHNU PRASAD
AGE: 18 YEARS
3. MIDDELA PRAJYOTHI
AGE: 21 YEARS
4. SREEJA S
D/O RAVINDAR S
AGE: 20 YEARS
5. KADIYAM JOEL BINOY AARON
AGE: 19 YEARS
6. BATULLA BHAGATH CHANDRA
2
AGE: 19 YEARS
7. VENKATA SREEVATSA PULIPAKA
AGE: 19 YEARS
8. FATHER MULLER HOMEOPATHIC
MEDICAL COLLEGE AND HOSPITAL
DERALAKATTE
MANGALURU - 575 018.
REPD. BY ITS PRINCIPAL
DR. E S J PRABHU KIRAN
AGED ABOUT 52 YEARS.
PETITIONERS 1 TO 7 ARE
STUDENTS OF 1ST YEAR
BHMS COURSE AT FATHER MULLER
HOMOEOPATHIC MEDICAL
COLLEGE AND HOSPITAL
MANGALURU.
...PETITIONERS
(BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
"T" BLOCK, JAYANAGAR
BENGALURU - 560011.
REPD. BY ITS REGISTRAR
2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
"T" BLOCK, JAYANAGAR
BENGALURU - 560011.
REPD. BY ITS VICE CHANCELLOR
....RESPONDENTS
(BY SRI HARISH GANAPATHY, ADVOCATE FOR
SRI M G HARISH, ADVOCATE FOR R1 AND 2)
3
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NO.1 AND 2, APPROVE THE ADMISSION OF THE
PETITIONERS 1 TO 7, ADMITTED TO THE BHMS COURSE FOR
THE ACADEMIC YEAR 2020-21 AND DECLARE THAT THEY ARE
ENTITLED TO CONTINUATION OF THEIR STUDIES BY GRANT OF
APPROVAL OF THEIR ADMISSIONS; AND ETC.
IN WP NO.4137 OF 2022
BETWEEN:
1. SRI BHAGAWAN BUDDAHA HOMEOPATHIC
MEDICAL COLLEGE AND HOSPITAL
NO.103/6 40 FT, BDA ROAD
NGEF LAYOUT
MALLATHALLI
BENGALURU -560056
REP. BY ITS PRINCIPAL
DR PRABHAKAR D S
2. SAKSHI CHANDRIKA PRASAD
D/O CHANDRIKA PRASAD JAIFWAR
AGED ABOUT 21 YEARS
PETITIONER NO.2 IS STUDENT
OF 1ST PETITIONER COLLEGE
...PETITIONERS
(BY SRI SHIVARUDRA, ADVOCATE)
AND:
THE REGISTRAR
RGUHS, 4TH T BLOCK
JAYANAGAR
BENGALURU-560 041.
...RESPONDENT
(BY SMT. FARAH FATHIMA, ADVOCATE)
4
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT TO CONSIDER THE CASE OF THE 2ND PETITIONER-
STUDENT BY APPROVING HER ADMISSION AS THE ADMISSION
FEES IS ALREADY PAID TO THE RESPONDENT; AND ETC.
IN WP NO.1156 OF 2022
BETWEEN:
1 . T.M.A.E.SOCIETY'S
AYURVEDIC MEDICAL COLLEGE AND
HOSPITAL
SANKALAPUR TANDA
BELLARY ROAD
HOSEPET-583 201
REP. BY ITS PRINCIPAL
DR L MANOMANI.
2 . DR. SYEDA SAFINA NAZ
D/O S ALTAF HUSSAIN
AGE 18 YEARS
R/AT NO.220, 1ST MAIN
1ST CROSS, 2ND STAGE, AREKERE
MICO LAYOUT
BANNERGHATA ROAD
BENGALURU - 560 083.
...PETITIONERS
(BY SRI MALLIKARJUN N K, ADVOCATE)
AND:
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH "T" BLOCK, JAYANAGAR
BENGALURU - 560011
REPD. BY ITS REGISTRAR
...RESPONDENT
(BY SMT. FARAH FATHIMA, ADVOCATE)
5
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT TO GRANT APPROVAL OF ADMISSION TO THE
PETITIONER NO.2-STUDENT ADMITTED TO THE PETITIONER
NO.1-COLLEGE TO THE M.S. (AYU), SHALYA TANTRA COURSE
AND PERMIT THE PETITIONER NO.2 TO PROSECUTE HER
RESPECTIVE COURSES WITHOUT INTERRUPTION BY
CONSIDERING THE REQUEST LETTER OF PETITIONER NO.1 AT
ANNEXURE-B DATED 01ST APRIL, 2021; AND ETC.
IN WP NO.3643 OF 2022
BETWEEN:
1. RAMAKRISHNA AYURVEDIC MEDICAL COLLEGE
HOSPITAL AND RESEARCH CENTRE
NO.54/2, RAMAGONDANAHALLI
YELAHANKA
BENGALURU -560 064.
REP. BY ITS CHIEF EXECUTIVE OFFICER
SRI ANIL KUMAR G
2. MS. JANVI HARISH PATIL
D/O MR. HARISH RAMESH PATIL
AGE : 20 YEARS
MALIVAD, NEAR POST OFFICE, VYARA
DISTRICT: TAPI, GUJARATH-394 650.
...PETITIONERS
(BY SRI MALLIKARJUN N K, ADVOCATE)
AND:
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH "T" BLOCK, JAYANAGAR
BENGALURU - 560011
REPD. BY ITS REGISTRAR
...RESPONDENT
(BY SMT. FARAH FATHIMA, ADVOCATE)
6
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT TO GRANT APPROVAL OF ADMISSION TO THE
PETITIONER NO.2 ADMITTED TO THE PETITIONER NO.1-
COLLEGE TO HER BAMS COURSE AND PERMIT HER TO
PROSECUTE RESPECTIVE COURSE WITHOUT INTERRUPTION;
AND ETC.
IN WP NO.3070 OF 2022
BETWEEN:
1 . AYURVEDIC MEDICAL COLLEGE AND
PG CENTRE, NO. 405/1, OPP.
BATHI LAKE
ASHWINI NAGARA,
P B ROAD
DAVANAGERE-577 566.
REPRESENTED BY ITS PRINCIPAL
DR. GNANESHWARA
2 . DR. KIRAN K
S/O KUMARASWAMY D B
AGED ABOUT 25 YEARS
NO.337/122C, SIDDESHWARA NILAYA
BEHIND KSRTC BUS STAND
GANESH LAYOUT, NITUVALLI ROAD
DAVANAGERE-577 002.
3. AKHILESH
S/O KUMARISH N SHIVASHIMPI
AGED ABOUT 21 YEARS
R/AT JAYANAGAR 'B' BLOCK,
DAVANAGERE-577 002.
...PETITIONERS
(BY SRI MALLIKARJUN N K, ADVOCATE)
7
AND
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH "T" BLOCK, JAYANAGAR
BENGALURU - 560011
REPD. BY ITS REGISTRAR
...RESPONDENT
(BY SMT. FARAH FATHIMA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT TO GRANT APPROVAL OF ADMISSION TO THE
PETITIONER NO.2 AND 3 ADMITTED TO THE PETITIONER NO.1
COLLEGE TO THE M.S. (AYU), SHALYA TANTRA COURSE AND 1ST
YEAR B A M S RESPECTIVELY AND PERMIT THEM TO PROSECUTE
THEIR RESPECTIVE COURSES WITHOUT INTERRUPTION.
IN WP NO.3108 OF 2022
BETWEEN:
1 AMRUTHA AYURVEDA MEDICAL COLLEGE AND
HOSPITAL
BEHIND ONAKE OBAUVVA STADIUM
CHITRADURGA-577 501.
REPRESENTED BY ITS PRINCIPAL
SRI M S SATHYANARAYANASWAMY
2. NANOTE MANJU SHIVAJI
D/O SHIVAJI RAMDAS NANOTE
AGED ABOUT 21 YEARS
R/AT GIRIGA COLONY, HIVARKHEDA ROAD
JAMNER, JALGAON
MAHARASHTRA-424 206.
3. SAKSHI JAIS
D/O RAMESH KUMAR JAIS
8
AGED ABOUT 20 YEARS
R/AT HOUSE NO.E-467
HTTP COLONY, KAILASH VIHAR
DARRI KOBRA WEST WARD NO.37
JAMNIPALI,
CHATTISGARH-495 450
...PETITIONERS
(BY SRI MALLIKARJUN N K, ADVOCATE)
AND:
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH "T" BLOCK, JAYANAGAR
BENGALURU - 560011
REPD. BY ITS REGISTRAR
...RESPONDENT
(BY SMT. FARAH FATHIMA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO GRANT APPROVAL OF
ADMISSION TO THE PETITIONER NO.2 AND 3 ADMITTED TO THE
PETITIONER NO.1-COLLEGE FOR UNDER GRADUATE COURSE IN
BAMS AND PERMIT THEM TO PROSECUTE THEIR RESPECTIVE
COURSES WITHOUT INTERRUPTION; AND ETC.
IN WP NO.3602 OF 2022
BETWEEN:
1. RAMAKRISHNA AYURVEDIC MEDICAL COLLEGE
HOSPITAL AND RESEARCH CENTRE
NO.54/2, RAMAGONDANAHALLI,
YELAHANKA
BENGALURU-560064.
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
SRI ANIL KUMAR G.
2. DR ASHISH
9
S/O NARENDRA DUTT GAUR
AGED ABOUT 28 YEARS
D-1/505, GALI NO.4
ASHOK NAGAR,
SHARADHAMANDI
NORTH EAST
DELHI-110093.
3. DR. DEEPAK CHAUN
S/O CHANDRABHUKHAN CHAUN
AGED ABOUT 31 YEARS,
SAHARA JAMN, MAU
UTTAR PRADESH-275101.
4. DR. SOLANKI VIKRAM SINHA BACHUJI
S/O SOLANKI BACHUJI
AGED ABOUT 31 YEARS,
NO.35, DHARANIDHAR BUNGLOWS
TEEN HANUMAN MANDIR ROAD
DEESA BANSKANTHA
GUJURATH-385535.
5. DR. KALYANAPU HARIKRISHNA
S/O KALYANAPU SATYANARAYANA
AGED ABOUT 28 YEARS,
6-79, MAHALAKSHMI TREE STREET
NAKALAMPEL POST
ANDHRA PRADESH-521180
6. DR. JOSHI PRANAV KUMAR
S/O BALAVANTRY
AGED ABOUT 32 YEARS,
BLOCK NO.7, SIDDIVINAYAK SOCIETY
CHITTAL ROAD, AMVELI DISTRICT
GUJARAT-365 601.
7. DR. VIVEK SU
S/O SANTHOSH KUMAR
AGED ABOUT 27 YEARS,
10
ADDRESS: KUMAR BHAVAN
THENNWRKONAM
KOTTAPPURAM PO
VIZHINJAM TRIVANDRUM
KERALA-695521
...PETITIONERS
(BY SRI MALLIKARJUN N K, ADVOCATE)
AND
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH "T" BLOCK, JAYANAGAR
BENGALURU - 560011
REPD. BY ITS REGISTRAR
...RESPONDENT
(BY SRI HARISH GANAPATHY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO GRANT APPROVAL OF
ADMISSION TO THE PETITIONER NOS. 2 TO 7 ADMITTED TO
THE PETITIONER NO.1-COLLEGE TO THEIR RESPECTIVE POST
GRADUATE COURSE IN MD AND PERMIT THEM TO PROSECUTE
THEIR RESPECTIVE COURSES WITHOUT INTERRUPTION; AND
ETC.
IN WP NO. 3668 OF 2022
BETWEEN
1. KARAVALI AYURVEDIC MEDICAL COLLEGE
HOSPITAL AND RESEARCH CENTRE,
NEERMARGA
MANGALORE-575 029
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
SRI ANIL KUMAR G
2. HARSHAL PADMAKUMAR PATIL
AGED ABOUT 18 YEARS
11
S/O PADMAKAR DAGADU PATIL
R/AT POST DIGHASHI,
TAL BHIWANDI,
DISTRICT THANE-421 302
MAHARASHTRA.
3. SUMIT SUNIL THAKRE
AGED ABOUT 18 YEARS
S/O SUNIL DAMODAR THAKARE
NO.B/304, GAURI PRASAD CHS
PARSIK NAGAR
KHAAREGAON KALWA,
THANE MAHARASHTRA-4000605
4. DIVYANI RAJENDRA KHOND
D/O RAJENDRA KHOND
AGED ABOUT 19 YEARS,
R/AT ALLIPUR TAHSIL
HINGANGHAT
WARDHA DISTRICT
MAHARASHTRA-442 301
5. PRATHIBHA PRABHAKAR RAVAJI
AGED ABOUT 19 YEARS,
D/O PRABHAKAR B RAVAJI
R/AT C/O MUTTAPPA PATIL HOME
INAM HANCHINAL POST,
INAM HANCHINAL
BILAGI TALUK
BAGALAKOT DISTRICT-587117.
6. DISHA PANDIT JADHAV
D/O PANDIT BALIRAM JADHAV
AGED ABOUT 18 YEARS,
R/AT SHANTI NIWAS MAHESH NAGAR,
NEAR TO MONORA CHAUK
DIGRAS YAVATMAL DISTRICT
MAHARASHTRA-4452003
12
7. SUMAIYA
D/O A FAYAZ
AGED ABOUT 18 YEARS
R/AT NO.09, P AND T LAYOUT, 2ND STAGE
2ND PHASE, RAJIVNAGAR RING ROAD
MYSURU-570 019.
.... PETITIONERS
(BY SRI MALLIKARJUN N K, ADVOCATE)
AND
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH "T" BLOCK, JAYANAGAR
BENGALURU - 560011
REPD. BY ITS REGISTRAR
...RESPONDENT
(BY SRI HARISH GANAPATHY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO GRANT APPROVAL OF
ADMISSION TO THE PETITIONER NOS. 2 TO 7 ADMITTED TO
THE PETITIONER NO.1-COLLEGE TO THEIR RESPECTIVE UNDER
GRADUATE COURSE IN BAMS AND PERMIT THEM TO
PROSECUTE THEIR RESPECTIVE COURSES WITHOUT
INTERRUPTION.
IN WP NO.714 OF 2022
BETWEEN
1. HMS UNANI MEDICAL COLLEGE AND HOSPITAL
SADASHIVA NAGAR
2ND STAGE MARLUR POST
TUMAKURU
REP. BY ITS PRINCIPAL
DR. ZAKIR HUSSAIN V
2. TAQIYYAH KUBRA
13
S/O MOHAMMED NEMATHULLA
AGED ABOUT 19 YEARS
3. AALIYA JAMALA
S/O ABDU MAJID
AGED ABOUT 20 YEARS
4. ZOHREEN SULTAN K Z
S/O ZABIULLA K
AGED ABOUT 21 YEARS
5. AYESHA KHANUM
S/O PYARE JAN
AGED ABOUT 19 YEARS
6. HIRFANA SHIRIN P
S/O HANEEFA
AGED ABOUT 21 YEARS
PETITIONER NOS. 2 TO 6 ARE
STUDENTS OF 1ST PETITIONER COLLEGE
....PETITIONERS
(BY SRI SHIVARUDRA, ADVOCATE)
AND
THE REGISTRAR
RGUHS, 4TH T BLOCK
JAYANAGAR
BENGALURU -560 041.
....RESPONDENT
(BY SMT. FARAH FATHIMA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT TO CONSIDER THE CASE OF PETITIONER
STUDENTS 2 TO 6 BY APPROVING THEIR ADMISSION AS THE
14
ADMISSION FEES IS ALREADY PAID TO THE RESPONDENT AND
ETC.,
IN WP NO. 3686/2022
BETWEEN:
1. ROHIT SATYA MATHUR
AGE 25 YEARS
2. KEHAKASHA AZIM SAYYED
AGE 20 YEARS
3. ABHISHEK TUKARAM TARGE
AGE 19 YEARS
4. AKSHAYKUMAR ARJUN DONGARE
AGE 19 YEARS
5. CHITRANSHKUMAR RAM YADAV
AGE 18 YEARS
6. SHIVANAND SANGAPPA MAINDARGIKAR
AGE 19 YEARS
7. BABARAJE SUNIL GADE
AGE 19 YEARS
8. RAM SANJAY PADOLE
AGE 20 YEARS
9. PRANAV KISHOR PATIL
AGE 20 YEARS
10. YOGESH SUBHASH PATIL
AGE 20 YEARS
11. SHRINATH VIJAY DISAGAJ
AGE 20 YEARS
15
12. SAKSHI LAXMAN ADMANE
AGE 20 YEARS
13. PRATHIKSHA BABAN MALGUNDE
AGE 20 YEARS
14. POOJA SHAMRAO GAVIT
AGE 21 YEARS
15. ANUSHKA SUBHASH PACHARNE
AGE 20 YEARS
16. AYUSHKA SUBHASH PACHARNE
AGE 20 YEARS
17. PRAJAKTA DANESH PATIL
AGE 19 YEARS
18. GAYATRI ARJUN JAGTAP
AGE 18 YEARS
19. MINAL VINAYAK MAHAJAN
AGE 20 YEARS
20. IRAYYA BASAYYA HIREMATH
AGE 19 YEARS
21. LIKITH BASAVARAJAPPA R
AGE 21 YEARS
22. SIDDALINGESH BASAVARAJ SANGOLLI
AGE 21 YEARS
23. MUSKAN BANU
D/O MUKTHIYAR AHMED
AGE 19 YEARS
24. ELANGBAM LINDA DEVI
D/O CHOBA SINGH
16
AGE 22 YEARS
25. VYSHNAVI SRINIVASARAO NAKKALA
AGE 19 YEARS
26. TANGELLA SANJANA DAMAYANTHI DEVI
D/O T. TRIMURTULU
AGE 18 YEARS
27. JAHNVI SURESH DESAI
AGE 19 YEARS
28. NUTAN ASHOK KORE
AGE 19 YEARS
29. ARCHANAKUMARI DIRENDRA SINGH
AGE 23 YEARS
30. PRAJAKTA KAKASAHEB POKALE
AGE 20 YEARS
31. SREELAKSHMY T MANY
AGE 20 YEARS
32. ALVA'S HOMOEPATHIC MEDICAL COLLEGE
MOODBIDRI, D.K
REPRESENTED BY IS PRINCIPAL
DR. HERALD ROSHAN PINTO
W/O WILLIAM PINTO
S/O WILLIAM PINTO
AGED ABOUT 50 YEARS
PETITIONERS 1 TO 31 ARE STUDENTS OF
1ST YEAR BHMS COURSE AT ALVA'S
HOMEOPATHIC MEDICAL COLLEGE,
MOODBIDRI)
...PETITIONERS
(BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
17
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCES
"T" BLOCK, JAYANAGAR
BENGALURU -560 011.
REPD. BY ITS REGISTRAR
2. RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCES
"T" BLOCK, JAYANAGAR
BENGALURU -560 011.
REPD. BY ITS VICE CHANCELLOR
...RESPONDENTS
(BY SRI HARISH GANAPATHY, ADVOCATE FOR
SRI M G HARISH, ADVOCATE FOR R1 AND 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS 1 AND 2 APPROVE THE ADMISSION OF THE
PETITIONERS 1 TO 31, ADMITTED TO THE BHMS COURSE FOR
THE ACADEMIC YEAR 2020-21 AND DECLARE THAT THEY ARE
ENTITLED TO CONTINUATION OF THEIR STUDIES BY GRANT OF
APPROVAL OF THEIR ADMISSIONS.
IN WP NO. 3810 OF 2022
BETWEEN
1. ROSY ROYAL COLLEGE OF HOMEOPATHEIC
MEDICAL COLLEGE AND HOSPITAL,
SY.NO.1/2, MALLAPURA,
KASABA HOBLI,
NELAMANGALA,
BENGALURU - 562162,
REPRESENTED BY PRINCIPAL
DR.SYED SIDDEEQ AHMED,
AGED ABOUT 57 YEARS.
18
2. MR. RAJAT SINGH
S/O MR. PRAVADARA SINGH,
AGED ABOUT 19 YEARS,
R/AT GULARIA VILLAE,
AMROHA,
UTTAR PRADESH 244221.
3. MS. AMOLIK PRATIK RAJESH
D/O MR. DIPALI,
AGED ABOUT 23 YEARS,
R/AT WARD NO.11
SOMWAR PETH ROAD,
SINDHKEDH RAJA
MAHARASHTRA - 443203.
4. MR. GAURAV TRIPATHI
S/O MR. SUDHAKAR TRIPATHI,
AGED ABOUT 24 YEARS,
R/AT ALLAHABAD
UTTAR PRADESH.
5. MS. GULAWE PRADNYA PRADEEP
D/O MRS. DARSHANA,
AGED ABOUT 19 YEARS,
R/AT VRINDAVAN APARTMENT
G-3, BHARAD MALAVAN, PUNE,
MAHARASHTRA 416606.
6. MR. ARUGOLLU BHANU PRAKASH
S/O MR. RUGOLLU DURGA RAO,
AGED ABOUT 24 YEARS,
R/AT 8-142, SC COLONY,
NALLAJARIA,
JERIA WEST, GODAVARI,
ANDHRA PRADESH.
7. MR. SHYAM GV
S/O MR. VG VASUDEVAN,
AGED ABOUT 19 YEARS,
19
R/AT NO.210/2B/14-A,
BOMBAY CHAL GOKAK,
BELAGAUM 591307.
8. MR. VINAYAK DEVARAMANI
S/O MR. RAMAKRISHNA,
AGED ABOUT 23 YEARS,
R/AT NO.210/2B/40-A,
BOMBAY CHAL GOKAK,
BELAGAUM 591307.
9. MR. KHALIFA FAIZ MOHAMMED
S/O MR. HANIF,
AGED ABOUT 24 YEARS,
R/AT PANCHPISWADI,
BAHARPURA DHORAJI,
RAJKOT,
GUJARAT - 360410.
...PETITIONERS
(BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
AND
1. RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCES
4TH "T" BLOCK, JAYANAGAR
BENGALURU -560 011.
REPD. BY ITS REGISTRAR
2. RAJIV GANDHI UNIVERSITY OF HEALTH AND SCIENCES
4TH "T" BLOCK, JAYANAGAR
BENGALURU -560 011.
REPD. BY ITS VICE CHANCELLOR
...RESPONDENTS
(BY SRI HARISH GANAPATHY, ADVOCATE FOR
SRI M G HARISH, ADVOCATE FOR R1 AND 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS 1 AND 2 APPROVE THE ADMISSION OF THE
20
PETITIONERS 2 TO 9, ADMITTED TO THE BHMS COURSE IN THE
PETITIONER NO.1 COLLEGE FOR THE ACADEMIC YEAR 2020-21
AND DECLARE THAT THEY ARE ENTITLED TO CONTINUATION OF
THEIR STUDIES BY GRANT OF APPROVAL OF THEIR
ADMISSIONS AND ETC.,
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
In these writ petitions, common question of law is with regard to approval of admission of the petitioners to first year BAMS, BHMS, BUMS for Post-Graduate, i.e. M.S.(Ayu.) Shalya tantra courses. The common ground urged and challenged in these writ petitions is that the petitioners' admission to the respective courses has not been approved by the respondent- University and as such, the University has not uploaded the list of students to substantiate that the students were admitted by 31st March, 2021. It is the grievance of the petitioners/students that the State Government has allotted seats to the petitioners- College through eligibility test conducted thereon, and the respondent-University has issued eligibility certificate to the petitioners-students and as such, petitioners-students are eligible for admission to the respective colleges and also have 21 right to appear for examination for the respective courses for academic year 2020-2021. In this regard, Sri Shivaprasad Shantanagoudar, learned counsel appearing for the petitioners has filed memo along with the list of authorities in Writ Petition No.100682 of 2022 disposed of on 21s April, 2022; Writ Petition No.100529 of 2022 disposed of on 13th April, 2022; and Writ Petition No.100671 of 2022 disposed of on 21st April, 2022 and argued that in the aforementioned writ petitions, the identical issue relating to admission and approval of students for respective courses was considered by this Court and the writ petitions came to be allowed. Therefore, he sought for similar orders in these writ petitions also.
2. Sri Shivarudra, learned counsel appearing for the petitioners in Writ Petitions No.4137 of 2022 and 714 of 2022 argued on the similar lines and further submitted that the petitioners college and the students mentioned in the writ petitions are also seeking identical orders with regard to admission and approval for first year BHMS and BUMS courses respectively.
22
3. In respect of Writ Petitions No.3070 of 2022 and 1156 of 2022 are concerned, learned Counsel Sri Mallikarjuna N K, argued that these writ petitions have been filed with regard to the admission of P.G. MS (Ayu) Shalya tantra course and he further contended that the judgments placed by Sri Shivaprasad Shantanagourdar, covers the field and as such, the learned counsel appearing for the petitioners, in chorus, submitted that these petitions are to be disposed of in terms of the order passed by this Court in the aforementioned writ petitions.
4. Per contra, Smt. Farah Fathima, learned counsel appearing for the respondent-Rajiv Gandhi University of Health Science sought to distinguish the order passed by this Court in the aforementioned writ petitions and she further submitted that the said judgments referred to by the learned counsel for the petitioners is not applicable to the case of the petitioners herein. She submits that in these writ petitions, excess admissions have been made by the colleges in derogation of the Rules/Regulations. She also referred to the judgment of this Court in the case of VYDEHI INSTITUTE OF DENTAL SCIENCES 23 AND RESEARCH CENTRE v. STATE OF KARNATAKA reported in ILR 2015 KAR 4086 and argued that strict adherence has to be made with regard to the admissions and particularly, insofar as the petitioners are concerned and as such, she submitted that the admission made by the respective colleges is without following the required mandatory regulations and therefore, she submitted that writ petitions are liable to be dismissed. Sri Harish Ganapathi, learned counsel, supported the defence raised by Smt. Farah Fathima, learned Counsel.
6. In the light of the submission made by the learned counsel appearing for the parties, on perusal of the orders in the aforementioned writ petitions, the aspects to be considered in these writ petitions are whether respondents 1 and 2-University is required to approve the admission of the petitioner-students to the various courses, viz. BHMS, BAMS, BUMS and Post- Graduate MS (Ayu) Shalya tantra. In this regard, I have carefully considered the order passed by this Court in the aforementioned writ petitions. In Writ Petition No.100682 of 2022 decided on 21st April, 2022, the nature of relief sought for 24 in the said writ petition is with regard to admission to BAMS course for the academic year 2020-2021 and this Court, following the earlier decision of this Court in Writ Petition No.100529 of 2022, had disposed of the writ petition by issuing a writ of mandamus to the respondent-University to approve the admission of the petitioners therein for the academic year 2020- 2021.
7. Insofar as Writ Petition No.100529 of 2022 disposed of on 13th April, 2022, the matter relates to admission to BAMS Course for the year academic year 2020-2021 and this Court, considering the grievance of the parties therein and taking into account that the petitioner No.6 therein being Ayurvedic Medical College, partly allowed the writ petition with a direction to the college as well as the University for approval of admission within the stipulated period i.e. on or before 04th May, 2022.
8. In Writ Petition No.100671 of 2022 decided on 21st April, 2022, the matter relates to the admission for BHMS Course for the academic year 2020-2021 and this Court allowed the writ 25 petition by issuing a writ of mandamus to the respondent- University to approve the admission of the petitioners therein.
9. It is also submitted at the bar that, this Court has granted interim order in the writ petitions allowing the petitioner-students to appear in examinations and the petitioners have appeared for examinations. Taking into account the prayer made in the aforementioned writ petitions, as well as, the decision rendered in the aforesaid writ petitions, the judgment referred to by the learned Counsel appearing for the respondent- University in VYDEHI INSTITUTE OF DENTAL SCIENCES (supra), is not applicable to the case on hand as the orders passed by this Court in the aforementioned writ petitions relates to the academic year 2020-2021 and therefore, I am of the view that the prayer made in these writ petitions are similar to the one raised and considered in the aforementioned writ petitions, and therefore, following the law declared by this Court referred to above, so also, considering the fact that this Court had granted interim order allowing the petitioners herein to write 26 examinations, these petitions are liable to be allowed. In the result, I pass the following:
ORDER
1. Writ petitions are allowed;
2. Writ of mandamus is issued to the respondent-
University to approve the admission of the petitioners- students in the petitioner-Colleges for the academic year 2020-21 upon the petitioners making the payment of sum of Rs.5,000/- of its own pocket without charging the same from the petitioner- students within a period of two weeks from the date of receipt of certified copy of this order, the same shall be considered by the respondent-Universities within a period of two weeks thereafter;
3. The petitioners having been participated in the examinations by virtue of an interim order, Respondent-Universities are directed to announce the results of the petitioner-students forthwith. Ordered accordingly.
Sd/-
JUDGE lnn