Ms. Sakshi vs The Administrator on 8 October, 2020

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Karnataka High Court

Ms. Sakshi vs The Administrator on 8 October, 2020

Bench: Suraj Govindaraj

                                         W.P. No.51370 OF 2019
                                 1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 8TH DAY OF OCTOBER, 2020

                         BEFORE

        THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

       WRIT PETITION NO.51370 OF 2019 (EDN.EX)

BETWEEN:

MS. SAKSHI
D/O KRIPAL CHANDRA JAISWAL
AGED ABOUT 21 YEARS
R/AT KIMS LADIES HOSTEL
BSK 2ND STAGE,BENGALURU-560070                ... PETITIONER

(BY SRI.H.V. ASHOK KUMAR, ADVOCATE FOR
    SRI. RAMESH ANATHAN, ADVOCATE)

AND:

1. THE ADMINISTRATOR
   RAJYA VOKKALIGARA SANGHA
   K.R.ROAD, BENGALURU-560004

2. THE PRINCIPAL
   KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES
   BANASHANKARI 2ND STAGE
   BANGALORE - 560 070

3. THE REGISTRAR
   RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
   JAYANAGAR 'T' BLOCK, BANGALORE - 560 041.
                                        ... RESPONDENTS

(BY SRI.OMKAR KAMBI, NAIK & NAIK LAW FIRM FOR R1 & R2;
SRI.N.K.RAMESH, ADVOCATE FOR R-3)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO ISSUE
THE APPLICATION FORM TO THE PETITIONER FOR HER TO APPEAR
FOR THE DECEMBER 2019 EXAMS CONDUCTED BY THE UNIVERSITY
RESPONDENT AS PER THE REQUEST LETTER DATED 21.11.2019
WHICH IS MARKED AS ANNEXURE-G.
                                           W.P. No.51370 OF 2019
                                 2



     THIS WRIT PETITION COMING ON FOR PRL.HEARING -B
GROUP, THIS DAY, THROUGH VIDEO CONFERENCE THE COURT
MADE THE FOLLOWING:

                          ORDER

1. By way of above petition, the petitioner has sought for a mandamus to respondent No.2 to issue application Form to the petitioner to appear for the December 2019 exams conducted by the University as per her request letter dated 21.11.2019.

2. The petitioner had qualified for NEET 2016, on the basis thereto admitted to MBBS Course in the 2 nd respondent- college for the academic year 2016-17. Petitioner submits that she has made payments of the statutory fees for the said course as per fee structure and attended the classes on that basis. She has also taken up first year and second year examinations. When the third year examination was announced, she requested 1st and 2nd respondents to provide application form to pay the examination fees, however she did not receive any response. Hence, legal notice came to be issued towards which there was no response received and as such, the above petition came to be filed.

W.P. No.51370 OF 2019 3

3. The fact remains that as on today the application form to make payment of examination fees has not been provided to the petitioner. Though counsel for the petitioner alleges that the same is on account of demand for various amounts of monies under various heads of account, there is no document placed on record relating to the same. In view thereof without getting into the said controversy and in order to protect the interest of the petitioner who claims to be a bonafide student, 2nd respondent-college is directed to consider the request of the petitioner vide her letter dated 21.11.2019 as also legal notice dated 25.11.2019 within a period of four weeks from receipt of copy of this order.

4. The writ petition is accordingly disposed of.

5. The petitioner is also permitted to furnish certified copy of this order on the 2nd respondent-college.

Sd/-

JUDGE ln

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