Dr Chetan B H vs Union Of India on 9 November, 2012

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Karnataka High Court

Dr Chetan B H vs Union Of India on 9 November, 2012

Bench: Huluvadi G.Ramesh

                          1




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 9th NOVEMBER 2012

                      BEFORE
  THE HON'BLE MR. JUSTICE HULUVADI G.RAMESH

    WRIT PETITION NO.44475/2012 (EDN-RES)

BETWEEN:

Dr. Chetan B.H.
S/o. Ulliappa B.N.
25 years, No.2/6, 4th Floor,
20th Main Road,
5th Cross, Muneshwara Block,
Girinagar, I Stage,
Bangalore-560 085.           ......PETITIONER

(By Sri S. Shaker Shetty, Adv.)

AND:

  1. Union of India
     Rep. by its Secretary,
     Ministry of Defence,
     South Block, New Delhi.110 001.

  2. Director General of
     Armed Forces Medical Sciences,
     Ministry of Defence,
     South Block, New Delhi.110 001.

  3. Command hospital,
     Air Force, Bangalore,
     Old Airport Road,
     Bangalore-560 037. Agran Post
                           2




      Rep. by the Officer Incharge,
      Post Graduation cell.

  4. Rajiv Gandhi University, of Health
     Sciences, Karnataka,
     Bangalore.                .....RESPONDENTS

(By Sri Kalyan Basavaraj, ASG for R1 to R3.
Sri N.K. Ramesh, Adv. for R4.)
                      *******
     THIS     WRIT PETITION IS FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA PRAYING TO DIRECT THE R3 TO RELEASE
ORIGINALS OF DOCUMENTS AT ANN.A DT. 16.5.03,
ANN-B, DT. 27.10.06, ANN.C DT.5.4.2008, ANN.D
DT.3.3.2009, ANN.E DT. 5.3.2010, ANN.F. DT.
8.12.2010, ANN.G DT.3.3.2011 TO THE PETITIONER.

    THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT
PASSED THE FOLLOWING:

                      ORDER

The petitioner has sought for issue of Writ of Mandamus directing the 3rd respondent to release the original documents at Annexures A to G.

2.Petitioner is said to have completed his MBBS course through Bangalore Medical College and also completed his internship training programme on 21.2.2011.The petitioner has submitted 3 his original documents to the third respondent on admission to the Post Graduation course i.e., Masters degree in Anesthology. The documents were handed over to the third respondent at the time of admission as at Annexures A-G. According to the petitioner, for extraneous reasons, due to some problems he was compelled to discontinue his course and the same has been communicated to the respondent authorities and requested for return of the original documents. It appears, the petitioner has taken a decision to join some other course through Entrance Examination which is likely to be held shortly. For the said purpose, he needs original documents to be returned.

3. Heard and perused the records.

4. The learned Counsel appearing for the petitioner and the learned counsel appearing for the respondent - authority and the counsel for the Rajiv Gandhi University, submits that there is no 4 impediment for the respondents to return the documents to the petitioner. However, according to the submission made, the original documents are lying with the 4th respondent University.

5. If the 4th respondent - Rajiv Gandhi University/College has not returned the original documents so far, they are hereby directed to return the original documents forthwith directly to the petitioner in view of the exigency expressed by the petitioner subject to collecting an endorsement in this regard.

With the aforesaid observation, this Writ Petition is allowed.

Sd/-

JUDGE PL

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