Karnataka High Court
Dr Ms Akshitha R vs Kempegowda Institute Of Medical ... on 2 September, 2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
WP NO.7536 OF 2020 (EDN-RES)
BETWEEN:
DR. MS. AKSHITHA R.
AGED ABOUT 24 YEARS
D/O SRI. RAMAMURTHY R.
R/AT NO.2A, 4TH 'C' CROSS
GATTIGERE, NEW EXTENSION
BEML COMPLEX
RAJARAJESHWARINAGAR
BENGALURU - 560 098 ... PETITIONER
(BY SRI. SREEDHAR N. G., ADVOCATE)
AND:
1. KEMPEGOWDA INSTITUTE
OF MEDICAL SCIENCES
OFFICE AT RAJYA
VOKKALIGARA SANGHA
K.R.ROAD, V.V.PURAM
BENGALURU-560 004
REP. BY ITS ADMINISTRATOR
2. THE PRINCIPAL
KEMPEGOWDA INSTITUTE
OF MEDICAL SCIENCES
OFFICE AT RAJYA
VOKKALIGARA SANGHA
K.R.ROAD, V.V.PURAM
BENGALURU-560 004
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3. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HIGHER EDUCATION
VIDHANA SOUDHA
BENGALURU - 560 001
... RESPONDENTS
(BY SRI. G. B. SHARATH GOWDA, ADV. FOR R1 & R2;
SRI. B. V. KRISHNA, AGA FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NOS.1 AND 2
TO ISSUE INTERNSHIP COMPLETION CERTIFICATE TO THE
PETITIONER, BASED ON THE PETITIONER'S APPLICATION
DATED 15.02.2020 AT ANNEXURE-D, WITHIN SUCH TIME
AS MAY BE FIXED BY THIS COURT.
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED ON 27.08.2020 FOR ORDER AND COMING ON
FOR PRONOUNCEMENT OF ORDER THIS DAY, M.I.ARUN J.,
THROUGH VIDEO CONFERENCE MADE THE FOLLOWING:
ORDER
Heard the learned counsels for the parties.
2. The case of the petitioner is that she being a student of respondent no.1-Medical College has successfully completed her medical course. She has also completed MBBS Internship training programme at the hospital of respondent no.1-institute for a period of one year from 16.02.2019. Thereafter, the petitioner approached 3 respondent nos.1 and 2 for grant of internship completion certificate, which respondent no.1 is obliged to grant upon the successful completion of MBBS internship programme to her. However, respondent no.1 on the ground that she is liable to pay certain amounts of money to the Society which is run by respondent no.1-institute has refused to grant the said certificate. Aggrieved by the same, the petitioner has preferred this writ petition.
3. Respondent nos.1 and 2 have filed their objections. They admit that the petitioner has successfully completed MBBS course and also MBBS internship training programme. They state that the petitioner took admission to MBBS course with respondent no.1 under the management quota. The petitioner through her father had agreed to pay a sum of Rs.50,00,000/- (Fifty Lakhs only) as developmental charges to the Society which runs by respondent no.1- institute. However, the petitioner has paid only a sum of Rs.35,00,000/- to the Society and still Rs.15,00,000/- is pending. For the said reason, respondent nos.1 and 2 have justified not giving her MBBS internship completion 4 certificate in spite of she successfully completing the said course. It is further stated that the father of the petitioner had initially paid a sum of Rs.25,00,000/- and thereafter, he had issued two cheques for Rs.12,50,000/- each which were dishonoured and upon persuasion, he had paid another Rs.10,00,000/-, but he is still due in a sum of Rs.15,00,000/- to the Society which runs by respondent no.1-institute. Respondent nos.1 and 2 have placed reliance on the decisions of this Court in W.P.No.13792/2009 (DD 18.03.2014) and W.P. No.39622/2014 (DD 01.03.2017) to justify their action.
4. It is not in dispute that the petitioner has completed the MBBS course from respondent no.1-institute successfully and she has paid up to date course fee.
5. It is the claim of respondent nos.1 and 2 that at the time of admission, her father had agreed to pay a sum of Rs.50,00,000/- towards hospital developmental charges and has so far paid only a sum of Rs.35,00,000/-. Respondent nos.1 and 2 have not placed any material to show under what authority of law the petitioner is liable to pay a sum of 5 Rs.50,00,000/- as demanded by them. Even otherwise, it is the contention of the petitioner that she has paid all the amounts to respondent no.1 and the Society which runs it.
6. Even presuming that the father of the petitioner or the petitioner herself is due any amount to respondent no.1 or the Society run by it, when it is not a course fee, respondent nos.1 and 2, upon the petitioner successfully completing the MBBS course, cannot refuse to issue MBBS internship completion certificate. If the petitioner or her father is legally due any amount to respondent no.1 or the Society which runs it, they are at liberty to initiate appropriate proceedings under law and to recover the same.
7. The decisions relied upon by respondent nos.1 and 2 by way of W.P.No.13792/2009 and W.P.No.39622/2014 pertain to the students leaving the course midway and refusing to pay the course fee or seeking refund of the same. The ratio laid down in the said decisions are not applicable to the present case due to difference in facts. 6
8. For the aforementioned reasons, the following is passed:
ORDER The writ petition is allowed. Respondent nos.1 and 2 are directed to issue MBBS internship completion certificate to the petitioner forthwith.
No order as to costs.
Sd/-
JUDGE hkh.