Karnataka High Court
Dr.Shakshi Generiwal vs Sri.T.K.Anilkumar on 7 September, 2020
Bench: Aravind Kumar, Pradeep Singh Yerur
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2020
PRESENT
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
AND
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
C.C.C.NO.350/2020 (CIVIL)
BETWEEN:
1. DR. SHAKSHI GENERIWAL
AGED ABOUT 27 YEARS
D/O PRAMOD KUMAR GANERIWAL
RESIDING AT SHREE KRISHNA GARDEN
FLAT NO.DF-1B, 1/1, RAJA RAJENDRA
LAL MITRA ROAD, KOLKATA - 700 085
PRESENTLY RESIDING AT NO.51
LAXMI GRAND, T002, MSR EXTENSION
ROAD, PIPELINE ROAD, MSR NAGAR
OPP GATE NO.4, BENGALUR - 560 054.
2. DR. STUTI KEDIA
AGED ABOUT 28 YEARS
D/O MOHAN LAL KEDIA
R/O GOPAL BHAWAN
43, KAILASH BOSE STREET
BEADON STREET, KOLKATA
WEST BENGAL, PRESENTLY
RESIDING AT NO.51, LAXMI GRAND
T002, MSR EXTENSION ROAD
PIPELINE ROAD, MSR NAGAR
OPP GATE NO.4, BENGALUR - 560 054.
3. DR. SOPHIA THANNICKAL JOHNSON
AGED ABOUT 28 YEARS
D/O THANNICKAL JOHNSON GEORGE
THANNICKAL HOUSE, NELLIMALA, P.O.
ERAVIPEROOR, NELLIMALA P.O.
ERAVIPEROOR, NELLIMALA,
2
PATHANAMTHITTA, KERALA - 689 542
PRESENTLY R/AT NO.38/10
5TH MAIN ROAD, 12TH CROSS,
MSR NAGAR, BENGALURU - 560 054.
4. DR. SALONI BHARADWAJ
AGED ABOUT 28 YEARS
D/O DR. SAROJA NAND JHA
R/O NO.2901, 5TH CROSS
MCCB BLOCK, DAVANGERE
SOUTHERN EXTENSION
DAVANAGERE - 577 004
PRESENTLY RESIDING AT T6
LAKSHMI ENCLAVE, 6TH CROSS
80 FEET ROAD, ASHWATH NAGAR
BENGALURU - 560 054.
5. DR. ANKITA JAIN
AGED ABOUT 26 YEARS
D/O ANIL JAIN
R/O 1547, SECTOR 15,
SONIPAT, HARYANA - 31001
PRESENTLY RESIDING AT
TRIVENI LADIES HOSTEL
NEAR RAMAIAH MEDICAL
MSR NAGAR, BENGALURU - 560 054.
6. DR. MINNU JOE IDA
AGED ABOUT 28 YEARS
D/O T.V. RAPHEL
R/O THAIKKATTI HOUSE
DOLPHIN COLONY, VIYUR P.O.
THISSUR, VIYYUR, KERALA - 680 010
PRESENTLY RESIDING AT NO.38/10
5TH 'A' MAIN ROAD, 12TH CROSS
MSR NAGAR, BENGALURU - 560 054.
7. DR. PRACHI
AGED ABOUT 27 YEARS
D/O PRAMOD KUMAR SINGH
R/O P.K. SINGH
NEAR DR. INDU SHEKHAR
AHADEVA, SIWAN, BIHAR - 841 226
PRESENLY RESIDING AT NO.2
3
A-WING, TRIVENI LADIES HOSTEL
NEAR RAMAIAH MEDICAL
MSR NAGAR, BENGALURU - 560 054.
8. DR. ROHIT SINGH
AGED ABOUT 30 YEARS
S/O SATISHKUMAR SINGH
R/O-D47/87, 88 RAMAPURA
LUXA, VARANASI - 221 001
PRESENTLY RESIDING AT 318
GOKUL EXTENSION,
MSR NAGAR, OPP. MSR INSTITUTE OF
BUSINESS STUDIES
BENGALURU - 560 054.
9. DR. SANOBER KHAN
AGED ABOUT 28 YEARS
D/O RASHID ALI KHAN
RESIDING AT HENNUR RESIDENCY
FLAT NO.302, 63/14, KACHRANAKAHALLI
3RD BLOCK, HRBR LAYOUT, KALYAN
NAGAR, BENGALURU - 560 084.
10 . DR. SONAL JAWA
AGED ABOUT 29 YEARS
D/O NARESH KUMAR JAWA
R/O E-21/A, 1ST FLOOR
RAJOIRI GARDEN
NEW DELHI - 110 027
PRESENTLY RESIDING AT D-1
NORTH POINT 2 GIRLS LIVING
MSRIT POST, MATHIKERE
BENGALURU - 560 054.
11 . DR. RAJATHA V SHETTY
AGED ABOUT 27 YEARS
D/O VIJAY SHETTY A.N.
R/AT ANEMAHAL
DURGAMBHA RICE MILLS
B.M. ROAD, SAKLESHPUR
HASSAN DISTRICT - 573 134
PRESENTLY RESIDING AT NO.51,
LAXMI GRANT, T002
MSR EXTENSION ROAD
4
PIPELINE ROAD, MSR NAGAR
OPP. GATE NO.4
BENGALURU - 560 054.
12 . DR. ANISHA SRIDHAR RAO
AGED ABOUT 27 YEARS
D/O SRIDHAR SADASIV RAO
RESIDING AT NO.250/D2
2ND 'C' CROSS, GIRINAGAR
BSK 3RD STAGE
BENGALURU - 560 085.
...COMPLAINANTS
(BY SMT. MAMATHA S, ADVOCATE)
AND:
1. SRI. T.K. ANILKUMAR
MAJOR
PRINCIPAL SECRETARY
DEPARTMENT OF MEDICAL
EDUCATION, STATE OF KARNATAKA
M.S. BUILDING,
AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. DR. PRABHAKAR KHORE
MAJOR
PRESIDENT
THE CONSORTIUM OF PROFESSIONAL
EDUCATIONAL INSTITUTIONS AND
UNIVERSITIES (CODEUNIK)
NO.132, 2ND FLOOR, 11TH CROSS
MALLESHWARAM,
BENGLAURU - 560 055.
3. SRI. S.G. HEGDE
AGED ABOUT 67 YEARS
S/O GANAPATI HEGDE
REGISTRAR
M.S. RAMAIAH UNIVERSITY OF
ALLIED SCIENCES, HAVING ITS
REGISTERED OFFICE AT
5
UNIVERSITY HOUSE
GNANAGANGOTHRI CAMPUS
NEW BEL ROA,D MSR NAGAR
BENGALURU - 560 054.
...ACCUSED/RESPONDENTS
(BY SRI. T.L. KIRANKUMAR, AGA FOR A/R-1;
SRI. SHASHI KIRAN SHETTY, ADVOCATE A/W
SMT. FARAH FATHIMA, ADVOCATE FOR A/R-2 & A/R-3)
THIS C.C.C. IS FILED UNDER SECTION 11 AND 12 OF
THE CONTEMPT OF COURTS ACT PRAYING TO INITIATE
CONTEMPT PROCEEDINGS UNDER THE PROVISIONS OF
THE CONTEMPT OF COURTS ACT AGAINST THE
RESPONDENTS FOR HAVING DISOBEYED THE ORDER
PASSED BY THIS HON'BLE COURT DATED:04.02.2020 IN
W.P.NO.2179/2020 (EDN-RES) PRODUCED AT ANNEXURE-
C AND PUNISH THE ACCUSED.
THIS C.C.C. COMING ON FOR ORDERS THIS DAY,
ARAVIND KUMAR J., MADE THE FOLLOWING:
ORDER
Heard Smt. Mamatha S, learned counsel appearing for complainants and Sri.Kiran Kumar T.L, learned AGA for respondent No.1, Sri. Shashikiran Shetty, learned Senior counsel along with Smt. Farah Fathima appearing for respondent Nos.2 and 3.
2. Complainants were writ petitioners in W.P.No.2179/2020 and they are complaining that order dated 04.02.2020 (Annexure-C) passed in the said writ 6 petition have been willfully disobeyed by the respondents. Respondents on being notified had appeared and counsel for respondent No.2 has filed a memo on 23.08.2020 enclosing the order dated 18.08.2020 passed by first respondent and it is contended by Sri.Shashikiran Shetty, learned Senior counsel appearing for respondent Nos.2 and 3 that there is due compliance of the order passed in W.P.No.2179/2020.
3. In the light of rival contentions raised by the learned counsel appearing the parties, we deem it proper to extract the direction issued in W.P.No.2179/2020 which is alleged to have been disobeyed by the respondent. It reads thus:
"In view of the aforesaid submission, in the facts of case, instead keeping the petition pending, we deem it appropriate to dispose off the writ petition with the direction to respondent-2 to decide the representation submitted by the petitioner dated 07.12.2016 by a speaking order within a period of one week from the date of receipt of certified copy of the order made today".7
4. A plain reading of the above order/direction along with order dated 18.08.2020 would clearly indicate that appropriate Government for complying with the direction issued in the aforesaid writ petition as well as for complying the direction issued in W.P.Nos.56046- 56058/2018 had convened a meeting on 18.08.2020 and after considering the representations of all the parties, an order has been passed on 18.08.2020 rejecting the representations submitted by the students/ petitioners/complainants.
5. The only direction issued is to consider the representation submitted by the petitioner dated 07.12.2019 by a speaking order. The order dated 18.08.2020 which is produced at document No.1 along with memo dated 23.08.2020 would clearly indicate that after considering the contentions of parties, an order has been passed by the appropriate Government. If at all, the petitioners/complainants are aggrieved by the said order they would be at liberty to challenge the same in the manner known to law and if so advised. 8
In that view of the matter we do not deem it proper to continue with the contempt proceedings. Hence, it stands dropped subject to the observations made hereinabove.
SD/-
JUDGE SD/-
JUDGE RU