Karnataka High Court
Agm Homeopathic Medical College vs Rajiv Gandhi University Of Health ... on 2 June, 2022
Author: R.Devdas
Bench: R.Devdas
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 02ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS
WRIT PETITION NO.100667 OF 2022 (EDN-AD)
BETWEEN:
1. AGM HOMEOPATHIC MEDICAL COLLEGE
HOSPITAL AND RESEARCH CENTER,
NAVAGRAHA TEERTH KESHTRA,
VARUR, HUBBALLI,
TQ. HUBBALLI,
DIST. DHARWAD,
PIN CODE. 581207,
REPRESENTED BY ITS PRINCIPAL
DR. SHAHIKANT KANKANWADI,
AGED ABOUT 46 YEARS,
OCC. PRINCIPAL AGM HOMEOPATHIC MEDICAL
COLLEGE,
R/O. VARUR,
TQ. HUBBALLI,
DIST. DHARWAD
2. BADADE VIJANATH RAMESHWAR
AGED ABOUT 26 YEARS
OCC:STUDENT OF AGM HOMEOPATHY
MEDICAL COLLEGE,
R/O JAIN AGM HOSTEL, VARUR
TQ:HUBBALLI, DIST:DHARWAD
3. VAISHALI RAMACHANDRA PATIL,
AGED ABOUT 22 YEARS
OCC:STUDENT OF AGM HOMEOPATHY
MEDICAL COLLEGE
R/O:JAIN AGM HOSTEL, VARUR
-1-
WP No. 100667 of 2022
TQ:HUBBALLI, DIST:DHARWAD
PIN CODE:581207
4. VENKATESH KUDARU
AGED ABOUT 20 YEARS
OCC:STUDENT OF AGM HOMEOPATHY
MEDICAL COLLEGE,
R/O:JAIN AGM HOSTEL, VARUR
TQ:HUBBALLI, DIST:DHARWAD
PIN CODE-581 207
5. PATIL PRAKASH SIDDAPPA
AGED ABOUT 19 YEARS
OCC:STUDENT OF AGM HOMEOPATHY
MEDICAL COLLEGE
R/O:JAIN AGM HOSTEL, VARUR
TQ:HUBBALLI, DIST:DHARWAD
PIN CODE-581 207.
6. MISHRA SONAM RAKESH
AGED ABOUT 19 YEARS
OCC:STUDENT OF AGM HOMEOPATHY
MEDICAL COLLEGE
R/O:JAIN AGM HOSTEL, VARUR
TQ:HUBBALLI, DIST:DHARWAD
PIN CODE-581207.
8. SODHA KRINA
AGED ABOUT 19 YEARS
OCC:STUDENT OF AGM HOMEOPATHY
MEDICAL COLLEGE,
R/O:JAIN AGM HOSTEL, VARUR
TQ:HUBBALLI, DIST:DHARWAD
PIN CODE-581207
8. KALE SANTOSH SHIVNATH
AGED ABOUT 20 YEARS
OCC:STUDENT OF AGM HOMEOPATHY
-2-
WP No. 100667 of 2022
MEDICAL COLLEGE
R/O JAIN AGM HOSTEL, VARUR
TQ:HUBBALLI, DIST:DHARWAD
PIN CODE-581207
9. BARVE AARYA PRABHAKAR
AGED ABOUT 18 YEARS
OCC:STUDENT OF AGM HOMEOPATHY
MEDICAL COLLEGE
R/O JAIN AGM HOSTEL, VARUR
TQ:HUBBALLI, DIST:DHARWAD
PIN CODE-581207
10. CHANDRVADIA MUSKAN
AGED ABOUT 20 YEARS
OCC:STUDENT OF AGM HOMEOPATHY
MEDICAL COLLEGE
R/O JAIN AGM HOSTEL, VARUR
TQ:HUBBALLI, DIST:DHARWAD
PIN CODE - 581 2017.
11. PATIL PRASHANT PRAMOD
AGED ABOUT 20 YEARS
OCC:STUDENT OF AGM HOMEOPATHY
MEDICAL COLLEGE
R/O JAIN AGM HOSTEL, VARUR
TQ:HUBBALLI, DIST:DHARWAD
PIN CODE - 581 207.
12. SWASTIK JOSHI
AGED ABOUT 19 YEARS
OCC:STUDENT OF AGM HOMEOPATHY
MEDICAL COLLEGE
R/O JAIN AGM HOSTEL, VARUR
TQ:HUBBALLI, DIST:DHARWAD
PIN CODE-581 207.
...PETITIONERS
(BY SRI. G I GACHCHINAMATH, ADVOCATE)
-3-
WP No. 100667 of 2022
AND:
1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
KARNATAKA,
4TH T BLOCK,
JAYANAGAR,
BENGALURU 560041,
REPRESENTED BY ITS RGISTRAR
...RESPONDENT
(BY SRI.SHIVARAJ S.BALLOLI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF MANDAMUS DIRECTING THE RESPONDENT TO APPROVE THE
ADMISSION FORMS VIDE ANNEXURE-C TO C10 IN RESPECT OF
THE PETITIONERS NO.2 TO 12 WHO ARE PERSUADING THEIR
STUDIES IN PETITIONER NO.1 INSTITUTION FOR THE UG (BHMS)
COURSE FOR THE ACADEMIC SESSION 2020-21 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court seeking for the following reliefs:
a) Issue a writ of mandamus directing the Respondent to approve the admission forms vide Annexure-C to C10 in respect of the petitioners No.2 to 12 who are persuading their studies in -4- WP No. 100667 of 2022 petitioner No.1- Institution for the UG (BHMS) course for the academic session 2020-21.
b) Grant such other reliefs as this Hon'ble court deems fit under the circumstances of the present case in the interest of justice and equity.
2. The petitioner No.1 is an Homeopathic Medical College with an attached hospital. The petitioners No.2 to 12 are students who have been enrolled with the petitioner No.1. The Homeopathic course being run by the petitioner No.1 is regulated by the regulations of the Central Council of Indian Medicine. However, the admission of students is regulated by the respondent - University on being granted affiliation. The respondent fixed the last date of admission for the academic year 2020-21 to be 28.02.2021. On account of pandemic, it was extended on several occasions. The petitioner No.1 due to certain reasons beyond its control was not able to forward the names of petitioners No.2 to 12 to the respondent even though they had the eligibility to be admitted into the 1st year BHMS course. Though the students were admitted by petitioner No.1 before 31.03.2021 only the information could not be sent to respondent No.1. It is for this reason -5- WP No. 100667 of 2022 that the petitioners are before this Court seeking for the aforesaid reliefs.
3. Sri. G.I.Gachchinamath, learned counsel for the petitioners by relying upon several decisions of this Court rendered in similar circumstances more particularly Writ Petition No.41460-41464/2014 submits that similar order could be passed.
4. Sri. Shivaraj S.Balloli, learned counsel appearing for the respondent submits that the said decision applies equally to the present facts. In view thereof, I pass the following:
ORDER
i) Writ petition is partly allowed.
ii) The petitioner No.1 - College is directed to pay to the respondent - University a sum of Rs.5,000/- per student in respect of the petitioners No.2 to 12 towards approval of their admissions on or before 30th June, 2022.
iii) If the said payment is made by that date, the respondent shall consider the admissions of the -6- WP No. 100667 of 2022 petitioners No.2 to 12 in accordance with law, if they are otherwise eligible for admission to 1st year BHMS course.
iv) Since, petitioners No.2 to 12 have already permitted to take up examination pursuant to the interim order granted by this Court on 16.02.2022, the respondent is directed to declare the results of petitioners No.2 to 12 for the year 2022 if they have been found to be eligible to be admitted to the University.
v) Needless to observe that if any of the petitioners have not cleared any of the papers in the results that would be declared, they shall be permitted to pay the examination fee for the supplementary examination along with fine and the respondent-University shall permit them to take up supplementary examination. -7- WP No. 100667 of 2022 In view of the disposal of the writ petition, pending interlocutory application does not survive for consideration and accordingly the same stands disposed of.
Sd/-
JUDGE JT/-