Praveen V Mesta vs Arindam Choudhary on 24 September, 2012

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Karnataka High Court

Praveen V Mesta vs Arindam Choudhary on 24 September, 2012

Bench: Ram Mohan Reddy

                            1            W.P.17159-163/11

    IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 24TH DAY OF SEPTEMBER 2012

                        BEFORE

     THE HON'BLE MR. JUSTICE RAM MOHAN REDDY


    WRIT PETITION Nos.17159-17163 OF 2011 (EDN-RES)

BETWEEN :

1      PRAVEEN V MESTA
       S/O VASUDEV MESTA
       AGED 22 YEARS
       R/A C/O.N NAGARAJ SETTY
       NO.19/45, 3RD FLOOR, 8TH B MAIN
       3RD STAGE, MANJUANTH NAGAR
       BANGALORE 560010

2      KALYAN C
       S/O.C V RAMANA
       R/A G-6, HMAGIRI ENCLAVE
       KAGGADASAPURA, C V RAMAN NAGAR
       BANGALORE 560093

3      SUDHAPRIYA
       W/O.MILAN G R
       R/AT NO.401, D BLOCK,
       SRI RAM SWAGRUHA APARTMENTS,
       SRINIDHI LAYOUT,
       SAI GARDEN, VIDYARANYAPURA
       BANGALORE 560097

4      SURESH H
       S/O.YALAMANDHAIAH H
       R/A C/O.K S NAGARAJU PRASAD
       NEAR MYTHRIO NURSING HOME
       NETHRAVATHI EXTENSION,
       DEVASANDRA MAIN ROAD, KRISHNARAJPURAM
       BANGALORE 560036
                            2           W.P.17159-163/11

5       SHREYAS R
        S/O.RAJAIAH V
        R/AT NO.120, 6TH CROSS,
        KADIRAPPA ROAD,
        COX TOWN, BANGALORE 560005.
                                           ...PETITIONERS

( BY SRI. I.THARANATH POOJARY, ADVOCATE )

AND :

1       ARINDAM CHOUDHARY
        FOUNDER DIRECTOR
        IIPM CENTER FOR HIGHER EDUCATION
        LEVEL 4, RECTANGLE 1 D-4,
        BEHIND SELECT CITY WALK,
        SAKET DISTRICT CENTRE
        NEW DELHI

2       INDIAN INSTITUTE OF PLANNING AND
        MANAGEMENT
        IIPM TOWER, 419, 100 FT ROAD,
        KORAMANGALA, BANGALORE 560034
        REP BY ITS DEAN, BALACHANDRA

3       MANONMANIAM SUNDARANAR UNIVERSITY
        TIRUNELVELI
        TAMIL NADU 627012
        REP BY ITS REGISTRAR

4       UNIVERSITY GRANTS COMMISSION
        BAHADUR SHAH ZAFAR MARG
        NEW DELHI 110002

5       ALL INDIA COUNCIL FOR TECHNICAL EDUCATION
        7TH FLOOR, CHANDERLOK BUILDING,
        JANPATH NEW DELHI 110001

6       CHIEF SECRETARY
        GOVERNMENT OF KARNATAKA
        VIDHANA SOUDHA
        BANGALORE 560001
                           3           W.P.17159-163/11


7    PRINCIPAL SECRETARY
     DEPARTMENT OF HIGHER EDUCATION
     M S BUILDING
     BANGALORE 560001

8    COMMISSIONER OF POLICE
     INFANTRY ROAD,
     BANGALORE

9    DEPUTY COMMISSIONER
     BANGALORE URBAN DISTRICT
     BANGALORE.

10   VISHWESWARAIAH TECHNOLOGICAL UNIVERSITY
     BELGAUM
     REP. BY ITS REGISTRAR

11   BANGALORE UNIVERSITY
     BANGALORE
     REP. BY REGISTRAR
                                      ...RESPONDENTS

(BY SRI. ASHOK HARANAHALLI, SR.COUNSEL FOR
         SANDEEP PATIL, ADV. FOR R1 & R2
   SRI. P.S.DINESH KUMAR, ADV. FOR R4 AND R5
   SRI. R.OMKUMAR, AGA FOR R6-R9
   SRI. K.S.BHARATH KUMAR, ADV. FOR R10
   SRI. N.K.RAMESH, ADV. FOR R11)

      THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE WRIT OF MANDAMUS COMMANDING THE R3 - 8 TO
INITIATE APPROPRIATE STEPS AS PER LAW FOR CLOSURE/
DE-RECOGNITION OF THE R2 INSTITUTION AND TO
PROSECUTE THEM UNDER THE RELEVANT PROVISIONS OF
LAW FOR VIOLATIONS OF THE STATUTORY PROVISIONS
AFORESAID CONSIDERING THE REPRESENTATIONS AT
ANNEXS-H TO N; AND ETC.

    THESE PETITIONS COMING ON FOR FURTHER
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
                                  4              W.P.17159-163/11


                           ORDER

Learned Counsel for the petitioners submit that petitioners acknowledge receipt by way of refund, the amounts paid towards fees and other charges when admitted to the course in the respondent-Institution and that no further dues are payable by the Institution in respect of that course. Learned Counsel further submits that petitioners be reserved liberty to institute such legal proceedings as are permissible in law for recovery of damages/compensation for loss of one year of education and file a Public Interest Litigation calling in question the commencement and continuation of the course by the respondent-Institution without authority of law.

2. Sri. Ashok Haranahalli, learned Sr. Counsel, submits that the fees and charges paid on admission of the petitioners for the said course in the respondent- Institution have since been refunded and the admission cancelled and nothing further survives for consideration in these petitions.

5 W.P.17159-163/11

3. Regard being had to the fact that petitioners are no more students of the respondent-Institution, it is open for them to seek damages/compensation in an appropriate proceeding, if law permits and if so advised. As regards the request of the learned Counsel to permit the petitioners to file a PIL, it is needless to state that such permission is unnecessary.

Petitions are accordingly rejected.

SD/-

JUDGE rd/-

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