Karnataka High Court
Mohd Nabeel Peerzade, vs Rajiv Gandhi University on 1 September, 2020
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 1ST DAY OF SEPTEMBER 2020
BEFORE
THE HON'BLE MR.JUSTICE S.R. KRISHNA KUMAR
W.P. NO. 143417/2020 &
W.P. NOS. 145237-270/2020 (EDN-EX)
BETWEEN:
1. MOHD. NABEEL PEERZADE,
AGE: 20 YEARS.
2. MOHDYASEEN IKRAMUDDIN JINABADE,
AGE: 19 YEARS.
3. AVAIZ MEHAR ALI SHAIKH,
AGE: 20 YEARS.
4. RUKSAR MOHAMMED ILIYAS MAKANDAR,
AGE: 19 YEARS.
5. NETHRA K.C. D/O KOTAPPA T,
AGE: 21 YEARS.
6. KANIMOZYA S.V,
D/O S. VIJAY KUMAR,
AGE: 20 YEARS.
7. ALIZA PARVEZ AHAMADI,
AGE: 19 YEARS.
8. MOMIN JUVERIA GAFAR,
AGE: 20 YEARS.
9. SYFUN SUHEEL AUTI,
AGE: 19 YEARS.
10. MUSKAN SHAHID MULLA,
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AGE: 21 YEARS,
11. ANWARE AZRA KHALID,
AGE: 20 YEARS,
12. SAMIYA IRSHAD HAWALDAR,
AGE: 19 YEARS.
13. BASAVARAJ SOMARAYA,
AGE: 20 YEARS.
14. SUJEET SHANKAR YALLAPPANAVAR,
AGE: 19 YEARS.
15. MOHEMAD UMAR ABDUL RAZAK,
AGE: 21 YEARS.
16. TAMBOLI MAHIN SARTAJ,
AGE: 20 YEARS.
17. MALKARI VISWA TEJA,
S/O MALKARI NARASIMHA RAO,
AGE: 19 YEARS.
18. GOUSMOHADIN DASTAGIR PAKALI,
AGE: 20 YEARS.
19. ANSARI ARJUMAND SALIM,
AGE: 19 YEARS.
20. CHANDAN PARWARHIKAR,
AGE: 21 YEARS.
21. KRISHNA GOVINDAPPA KOUJALAGI,
AGE: 20 YEARS.
22. TASKEEN MUSTAFA DESAI,
AGE: 19 YEARS.
23. NIMBALKAR HIRUTVIK PANDURANG,
AGE: 20 YEARS.
24. PRAGATI TANAJI PATIL,
AGE: 19 YEARS.
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25. NISHAT ABDULHAMID KALMANI, AGE: 21 YEARS.
26. NEEDA TALAT MOHAMMED ZAHEERUDDIN,
AGE: 20 YEARS.
27. UMA PANCHAKSHARI DANDIBOTLA,
AGE: 19 YEARS.
28. GAGAN N S/O NAGARAJA R,
AGE: 20 YEARS.
29. OMKAR VENKATA VARA,
S/O VENKATESHWARULU,
AGE: 19 YEARS.
30. SHAIKH MUSKAAN ZIKREYA,
AGE: 21 YEARS.
31. MULLA FARHATHULLA,
S/O M. ABDUL SUBAHAN,
AGE: 20 YEARS.
32. MOHAMMED SAQUIB,
S/O MOHAMMED ASIM,
AGE: 19 YEARS.
33. MIR LIAQATH ALI,
S/O MIR MAQSOOD ALI,
AGE: 20 YEARS.
34. KHAN MOHD. RAUF RAFIQUE,
AGE: 19 YEARS.
35. MARTINS ARCANJELA JYOTHI ELIZABETH,
AGE: 21 YEARS.
ALL THE PETITIONERS ARE THE STUDENTS OF
RESPONDENT NO.3 COLLEGE, I.E.,
A.M. SHAIKH HOMOEOPATHIC MEDICAL COLLEGE,
SHAIKH COMPUS, NEHRU NAGAR,
BELAGAVI-590 010.
PETITIONERS
(BY SRI G.K. HIREGOUDAR AND
C.S. SHETTAR, ADVOCATES)
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AND:
1. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
REPRESENTED BY ITS
VICE-CHANCELLOR/ REGISTRAR,
4TH BLOCK, EAST, PATTABHIRAMANAGAR,
JAYANAGAR, BENGALURU-560 041.
2. CENTRAL COUNCIL OF HOMOEOPATHY,
REPRESENTED BY ITS SECRETARY,
JAWAHARLAL NEHRU BHARATHIYA
CHIKITSA AVUM HOMOEOPATHIC
ANUSANDHAN BHAVAN, 61-65,
INSTITUTIONAL AREA,
OPP. D BLOCK JANAKPURI,
NEW DELHI-110 058.
3. A.M. SHAIKH HOMOEOPATHIC
MEDICAL COLLEGE, SHAIKH CAMPUS,
NEHRU NAGAR, BELAGAVI-590 010
REPRESENTED BY ITS PRINCIPAL.
- RESPONDENTS
(BY SRI S.S. BADAWADAGI, ADVOCATE FOR R1,
SRI MAHESH WODEYAR, ADVOCATE FOR R2,
NOTICE TO R3 IS SERVED))
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR
ORDER OR DIRECTION IN THE NATURE OF MANDAMUS OR ANY
OTHER APPLICABLE WRIT, DIRECTING THE RESPONDENT NO.1 TO
CONDUCT 1 YEAR B.H.M.S. (RS4) EXAMINATION & ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY,
THE COURT, MADE THE FOLLOWING:
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ORDER
All learned counsel submit that the issue involved in these writ petitions are fully covered by a decision of co- ordinate bench of this Court in the case of Aaliya Fatima A. Maldar & Others Vs. Rajiv Gandhi University of Health Sciences & Others (W.P. Nos.5799-5812/2019 [EDN-RES] disposed of on 19.02.2019. In the said decision, this Court placed reliance upon an earlier decision of this Court in W.P. Nos.55322/2018 and 55987/2018 (EDN-RES) disposed of on 28.01.2019 which was extracted in the said order.
2. In view of the aforesaid facts and circumstances, these petitions are also disposed in terms of the aforesaid earlier decision of this Court in W.P. No. 55322/2018 & connected matters.
3. It is submitted that by virtue of the interim orders passed in the present writ petitions, the petitioners in all 6 the writ petitions have attended the classes and appeared for the examinations.
4. In view of disposal of these writ petitions, petitioners are directed to be admitted to the second year subject to having cleared the examinations.
With the aforesaid directions, the writ petitions are disposed off.
SD JUDGE bvv