Karnataka High Court
Dr. Sumanth. R vs State Of Karnataka on 12 July, 2018
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2018
BEFORE
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
WRIT PETITION NO.29161/2018(EDN-RES)
AND
WRIT PETITION NO.29162/2018(EDN-RES)
IN W.P.NO. 29161/2018
BETWEEN:
Dr. Sumanth. R
S/o. N.Raghuprakash
Aged about 27 years
Residing at No. 12
6th Main, R.K. Layout
1 Stage, Padmanabha Nagar
Bangalore-560 070.
...Petitioner
(By Sri.G. Vikram, Advocate)
AND:
1. State of Karnataka
Department of Health and Family Welfare
Vikasa Soudha
Bangalore-560 001
Represented by its Principal Secretary.
2. Department of Medical Education
Multi-storeyed Building
Bangalore-560 001
Represented by its Secretary.
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3. Rajiv Gandhi University of Health
Sciences, Karnataka
4th T Block, Jayanagar
Bangalore-560 041
Represented by its Registrar.
4. Bangalore Medical College and Research Centre
Bangalore Fort
Basavanagudi
Bangalore-560 002
Represented by its Director.
... Respondents
(By Smt. Pramodini Kishan, AGA for R-1 & 2;
Sri. N.K.Ramesh, Advocate for R-3;
Smt. Sumana Baliga, Advocate for R-4)
This Writ Petition is filed under Articles 226 and 227
of the Constitution of India praying to direct the respondents
and in particular R-4 to immediately return all the original
documents which were submitted by the petitioner at the
time of PG Admission vide Annexure-B on or before
13.07.2018.
IN W.P.NO. 29162/2018
BETWEEN:
Dr. Presteena Mathew
D/o. K.J.Mathew
Aged about 28 years
Residing at Room No. 5
New Kabini Hostel
Nimhans
Bangalore-560 029.
...Petitioner
(By Sri. G.Vikram, Advocate)
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AND:
1. State of Karnataka
Department of Health and Family Welfare
Vikasa Soudha
Bangalore-560 001
Represented by its Principal Secretary.
2. Department of Medical Education
Multi-storeyed Building
Bangalore-560 001
Represented by its Secretary
3. Rajiv Gandhi University of Health
Sciences, Karnataka
4th T Block, Jayanagar
Bangalore-560 041
Represented by its Registrar.
4. Bangalore Medical College and Research Centre
Bangalore Fort
Basavanagudi
Bangalore-560 002
Represented by its Director.
... Respondents
(By Smt. Pramodini Kishan, AGA for R-1 & R-2;
Sri. N.K. Ramesh, Advocate for R-3;
Smt. Sumana Baliga, Advocate for R-4)
This Writ Petition is filed under Articles 226 and 227
of the Constitution of India praying to issue direction to the
respondents and in particular respondent No.4 to
immediately return all the original documents which were
submitted by the petitioner at the time of PG Admission vide
Annexure-C.
These Petitions coming on for preliminary hearing this
day, the Court made the following:
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ORDER
Though these matters are listed for preliminary hearing, by consent of learned Advocates, it is taken up for final disposal.
2. The grievance of the petitioners in these petitioners are that fourth respondent- Bangalore Medical College and Research Centre has not considered the applications (Annexure-A dated 09.07.2018 in W.P.No.29161/2018 and Annexures 'A' and 'B' dated 02.07.2018 and 06.07.2018 respectively in W.P.No.29162/2018) submitted by the petitioners for return of all original documents submitted by them to the College at the time of joining for the post graduate studies.
3. It is further grievance of the petitioner in W.P.No.29161/2018 that he has been selected for Super Specialty Course namely, MCH Course in 5 Cardiothoracic and Vascular Surgery by the All India Institute of Medical Sciences and last date for admission being on 15.07.2018, petitioner is required to produce the original documents before the All India Institute of Medical Sciences, (for short AIMS) as otherwise his admission would not be made and there is every likelihood of admission being cancelled.
4. Whereas, petitioner in W.P.No.29162/2018 contends that she has been admitted as a student of 'Postdoctoral Fellowship in Neuro Infection Course' by the National Institute of Mental Health and Neuro Sciences (for short NIMHANS) and her admission has been granted subject to original documents being produced within three weeks from 07.07.2018. It is also stated by petitioner that she has given her undertaking to the said effect and as such, if the original documents submitted by petitioner before fourth respondent at the time of her initial admission is not produced before the 6 NIMHANS within three (3) weeks, petitioner's admission is likely to be cancelled or annulled.
5. Both petitioners have contended that they have worked hard to obtain or secure seat in Super Specialty courses under and if fourth respondent is not directed to return the documents, their future would be in jeopardy. Hence, they have prayed for direction being issued to fourth respondent to return the documents.
6. Smt. Sumana Baliga M., learned counsel appearing for fourth respondent has filed a memo enclosing therewith communication dated 07.06.2018 by the fourth respondent to the Director of Medical Education - second respondent herein seeking clarification in respect of claim made by petitioner's and similarly placed students. In reply, Director of Medical Institution has intimated fourth respondent and all other Government Medical Colleges that in cases 7 where students have been admitted by providing subsidized seats, such students would be required to compulsorily render 1 year compulsory service as contemplated under the Karnataka Compulsory Service Training by Candidates Completed Medical Courses, 2012 (which has been further amended by Act No.26/2015) and as such, has called upon the respective colleges to obtain a bank guarantee for Rs.30 lakhs from such of those students, who are seeking for return of the documents. Hence, she prays for a direction being issued to the petitioners to furnish such security for return of the documents. She would also supplement her arguments by contending that fourth respondent may be granted liberty to incorporate a clause in the 'No Objection Certificate' that would be furnished by the fourth respondent to the petitioners indicating thereunder that the documents are being 8 returned 'subject to undertaking' given by the petitioners.
7. Sri N.K.Ramesh, learned counsel appearing for respondent No.3-University submits that since issue involved in these petitions is between fourth respondent and petitioners, third respondent- University would have no role to play.
8. Learned Additional Government Advocate would also support the argument of Smt. Sumana Baliga M., learned counsel and submits that if a direction is issued, there is likelihood of petitioners not adhering to the amended Act, in the event of validity of the Act being upheld by this Court.
9. Taking into consideration the aforestated facts and the fact that Medical Courses Act, 2012, referred to supra, has been stayed by this Court in W.P.No.40566/2015 and connected matters as well as 9 the order dated 28.04.2016 passed in W.P.No.25391/2016 whereunder, petitioners who had challenged the validity of the amended Act has resulted in concerned Universities being directed to issue appropriate degree to the eligible candidates and this Court has also directed Karnataka Medical Council to grant registration certificates to the eligible students/Doctors subject to the result of the writ petitions, subject to the such candidates/Doctors filing an affidavit before the Karnataka Medical College that they will abide by the order which may be passed in W.P.No.40566/2015 and connected matters, without any demur that is to comply with the provision of the impugned Act and in the event of their failure in the said writ petitions. In the light of direction having been issued by this Court under similar circumstances in W.P.No.25391/2015 by order dated 28.4.2016 directing the fourth respondent to consider the claim of 10 petitioners herein who are similarly placed as that of petitioners herein. This Court is of the considered view, similar directions if issued conditionally, it would meet the ends of justice and it would also allay the apprehension of the fourth respondent as well as the State.
Hence, I proceed to pass the following:
ORDER (1) Fourth respondent is hereby directed to return the original documents of the petitioners as sought for by them namely, in W.P.No.29161/2018 at representation dated 09.07.2018 -
Annexure 'A' and as per the list
indicated in the endorsement dated
10.03.2015 -Annexure 'C' in
W.P.No.29162/2018 forthwith, on
petitioners submitting an undertaking 11 affidavit before the fourth respondent as submitted by the similarly placed Doctors and as furnished in W.P.No.40566/2015 and W.P.No.25391/2016 and connected matters.
(2) In the event of petitioners filing an affidavit of undertaking during the course of the day before the fourth respondent, fourth respondent shall ensure that documents sought for and available are handed over immediately without insisting for 'No Objection Certificate' from the third respondent -
University Writ Petitions are accordingly disposed of in the aforesaid terms.
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Smt. B. Sumana Baliga., Sri. N.K.Ramesh, learned counsel and Smt.Pramodini Kishan, learned AGA are permitted to file vakalathnama/memo of appearance within four weeks from today.
SD/-
JUDGE