MS. CHALA VARDHAN v. UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE, Karnataka High Court, Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

citation codes

Case Number

WP 9394 of 2024

Disposition

dismissed

Attorney(S)

HIREMATH AKKAMAHADEVI
RAJASHEKAR S

Judges

Honble Mr. Justice Venkatesh Naik T
JUSTICE D. K. SINGH

Acts

SECTION NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR 8, DWARKA PHASE

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Smart Summary

Factual and Procedural Background

These writ petitions arise from admissions made to G R Medical College, Hospital and Research Centre ("G R Medical College") for the MBBS academic year 2022-23 under the Management Quota. The National Medical Commission (NMC) found those admissions to be contrary to the prospectus and prescribed guidelines, directed cancellation of the admissions, and withdrew recognition of the college, which resulted in the college being closed down.

As directed by this Court, the Karnataka Examinations Authority (KEA) and the State accommodated students admitted in G R Medical College in various other medical colleges (transferee/re-transferee colleges). Disputes arose regarding fee demands by the receiving colleges, and several students filed writ petitions under Articles 226 and 227 of the Constitution of India seeking reliefs including quashing of communications fixing fees, directions to accept fees already paid, declaration of entitlement to continue in allotted colleges, and refund of fees paid to G R Medical College. The matters were heard together by a Division Bench and an oral order was pronounced on 11 August 2025 disposing of multiple petitions with specific directions in some matters and a common order fixing the fee to be paid to transferee colleges for the second to fourth years.

Legal Issues Presented

Whether the impugned communications fixing fees (including KEA communication No. ED/KEA/MAHITI-GR/2024 dated 19/03/2024 and DME communication DME/SMS/MCS-43-2024 dated 20/03/2024, as invoked in various petitions) are arbitrary, illegal and liable to be quashed.
Whether petitioners who were admitted to G R Medical College and later accommodated in other colleges are liable to pay the higher fee demanded by transferee private colleges, or are entitled to have fees accepted on the basis of amounts fixed/paid at the time of admission to G R Medical College.
Whether petitioners are entitled to directions for refund of fees paid to G R Medical College (for example, refund of Rs.20,80,000/- claimed in one petition) and the mechanism/timeline for such recovery and refund by government authorities.
Whether the Court should fix a reasonable and uniform fee to be charged by transferee private colleges for the remaining years (second to fourth years) for students relocated from G R Medical College.

Arguments of the Parties

Petitioners' Arguments

Petitioners (students) contended that their admissions were made to G R Medical College under the fee structure prescribed/communicated at the time by KEA and that they are not liable to pay excess fee demanded subsequently by transferee private colleges.
Some petitioners sought refund of fees paid to G R Medical College (for example, a specific petitioner sought refund of Rs.20,80,000/- paid for second year MBBS) on account of the college being closed down and admissions cancelled.
Petitioners sought writs directing respondents to accept fees already paid or to allot seats in government colleges if fees were not accepted, and relief to continue their MBBS course in the allotted transferee colleges.

Respondents' Arguments and Positions

Learned counsel for the National Medical Commission (NMC) informed the Court that, in the interest of the students, NMC had no objection to the students pursuing their MBBS course in the transferee and re-transferee colleges; on that basis certain petitions were treated as having nothing to survive.
The private colleges (transferee institutions) indicated that they were demanding fees as prescribed by the Directorate of Medical Education and left it to the discretion of the Court to fix a reasonable fee where appropriate.
Government counsel (Additional Government Advocate) did not dispute that G R Medical College would be liable to refund fees taken from students in the event the college was closed down; accordingly the Court directed recovery steps in at least one petition.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court's analysis proceeded from factual findings already recorded by the NMC and earlier directions of this Court to protect the students' careers. The Division Bench noted:

The NMC had determined that admissions in G R Medical College were contrary to the prospectus and guidelines and had cancelled those admissions and withdrawn recognition of the college, leading to closure.
In light of this, the KEA and State arranged accommodation of affected students in various other colleges; many petitioners had been accommodated and had paid fees to the transferee colleges.
Where the NMC expressly took the position that it had no objection to students continuing their MBBS in the transferee colleges, the Court found that "nothing survives" in some of the petitions and disposed of those petitions accordingly.
With respect to petitions seeking refund of fees paid to G R Medical College (notably where students had paid substantial sums for the second-year course and were later transferred and again made to pay fees), the Court accepted the Government's concession that G R Medical College would be liable to refund such fees and issued directions for recovery by the Directorate of Medical Education and reimbursement to the petitioner. The Court required the petitioner to produce receipts and required the Directorate of Medical Education to verify payment before effecting recovery.
Addressing the broader dispute over demands by transferee private colleges (which were demanding approximately Rs.27,00,000 for the second academic year and onwards, with specific petition references to Rs.27,12,450 and Rs.32,62,450 in some papers), the Court exercised its discretion to fix a uniform and reasonable figure. The Court limited the fee demand by the private colleges to Rs.20,00,000 for each of the second, third and fourth academic years and directed petitioners to pay the variance (i.e., the difference demanded by the college and the amount fixed by the Court) at Rs.20,00,000 per year for years two to four.
Pending interim applications in the matters before the Court were ordered to stand disposed of along with the main petitions.

Holding and Implications

Holding: The Division Bench delivered multiple disposals as follows:

DISPOSED OF — Several petitions (including those in which the NMC stated it had no objection to students continuing in transferee colleges) were disposed of on the ground that nothing survived.
DISPOSED OF WITH DIRECTIONS (Refund Recovery) — In the petition seeking refund of Rs.20,80,000/-, the Court directed the Directorate of Medical Education to recover the said sum from G R Medical College and pay it to the petitioner within eight weeks, subject to verification and production of the receipt of payment by the petitioner; the Directorate was to verify that the fee was actually paid to the college before recovery.
COMMON ORDER FIXING FEES — In the batch common order the Court limited the fee payable to transferee private colleges to Rs.20,00,000/- per year for the second, third and fourth academic years for students relocated from G R Medical College, and directed petitioners to pay that amount (i.e., the variance fee fixed at Rs.20,00,000/- each year for years two to four).
Pending interlocutory applications, if any, were ordered to stand disposed of in the affected matters.

Implications: The direct effects are (a) petitioners may continue their MBBS courses in the transferee/re-transferee colleges (as accommodated), (b) where applicable, the State/Directorate is to recover and refund fees paid to the now-closed G R Medical College in specified cases, and (c) private transferee colleges are constrained by the Court's order to accept, as a reasonable ceiling, Rs.20,00,000/- per year for the second to fourth academic years for the affected students. The opinion did not state that it established a general legal precedent beyond the parties in these matters; the orders are directed to the facts and parties before the Court.

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MS. CHALA VARDHAN v. UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE

- 1 -

HC-KAR NC: 2025:KHC:31087-DB WP No. 10871 of 2024 C/W WP No. 9394 of 2024 WP No. 10382 of 2024

AND 9 OTHERS

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF AUGUST, 2025

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 10871 OF 2024 (EDN-RES) C/W

WRIT PETITION NO. 9394 OF 2024 (EDN-MED ADM) WRIT PETITION NO. 10382 OF 2024 (EDN-MED ADM) WRIT PETITION NO. 11329 OF 2024 (EDN-RES) WRIT PETITION NO. 11334 OF 2024 (EDN-RES) WRIT PETITION NO. 11740 OF 2024 (EDN-RES) WRIT PETITION NO. 15703 OF 2024 (EDN-RES) WRIT PETITION NO. 26727 OF 2024 (EDN-MED ADM) WRIT PETITION NO. 30314 OF 2024 (EDN-RES) WRIT PETITION NO. 30315 OF 2024 (EDN-RES) WRIT PETITION NO. 31820 OF 2024 (EDN-RES) WRIT PETITION NO. 34035 OF 2024 (EDN-RES) IN WP No. 10871/2024:

BETWEEN:

1. SRI. SUBRAMANYA G K

S/O G KOTRESH

AGED ABOUT 21 YEARS

REG NO. 21M8409

- 2 -

2ND YEAR MBBS STUDENT

KANNCHUR INSTITUTE OF MEDICAL SCIENCE

RV IIIX 96F, MANGALURU

KHOKKOTTU, KONAJI UNIVERSITY ROAD,

KOTTAKAR BERALU KATTE

MANGALURU - 575 018 …PETITIONER

(BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)

AND:

1. THE UNION OF INDIA

REP. SECRETARY

MINISTRY OF HEALTH AND FAMILY SERVICES

NIRMANBHAVAN, MOULANA AZAD ROAD,

NEW DELHI - 110 011.

2. NATIONAL MEDICAL COMMISSION

(ERSTWHILE MEDICAL COUNCIL OF INDIA)

POCKET 14, SECTOR 8,

DWARKA, NEW DELHI - 110 007

REPRESENTED BY ITS SECRETARY

3. MEDICAL ASSESSMENT AND RATING BOARD (MARB)

UNDER GRADUATE SECTION,

NATIONAL MEDICAL COMMISSION,

POCKET - 14, SECTOR 8,

DWARKA, PHASE I,

NEW DELHI - 110 077.

4. STATE OF KARNATAKA

DEPARTMENT OF HEALTH AND FAMILY WELFARE,

105, 1^STFLOOR, SECRETARIAT BUILDING

VIKASA SOUDHA,

BENGALURU - 560001

REPRESENTED BY ITS SECRETARY

5. THE DIRECTORATE OF MEDICAL EDUCATION

REPRESENTED BY ITS DIRECTOR,

I FLOOR, FORT, K R ROAD,

- 3 -

BENGALURU - 560002.

6. KARNATAKA EXAMINATIONS AUTHORITY

SAMPIGE ROAD, 18TH CROSS,

MALLESHWARAM, BANGALORE - 560012

REPRESENTED BY ITS EXECUTIVE DIRECTOR

7. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4TH T BLOCK, JAYANAGAR

BANGALORE - 560041

REPRESENTED BY ITS REGISTRAR

8. KANNCHUR INSITUTE OF MEDICAL SCIENCE

RV IIIX, 96F, MANGALURU

KHOKKOTTU, KONAJI UNIVERSITY ROAD,

KOTTAKAR BERALU KATTE,

MANGALURU - 575 018

REP BY THE PRINCIPAL

…RESPONDENTS

(BY SRI. B.PRAMOD, CGC, FOR R-1; SRI. N.KHETTY, ADVOCATE FOR R-2 & R-3; SRI. SUDEV HEGDE, AGA, FOR R-4 & R-5; SRI. N.K.RAMESH, ADVOCATE FOR R-6; SMT FARAH FATHIMA, ADVOCATE FOR R-7 (V/C); R-8 IS SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL

FOR RELEVANT ISSUE A WRIT OF CERTIORARI QUASHING THE

IMPUGNED COMMUNICATION BEARING NO. ED/KEA/MAHITI- GR/2024 DATED 19/03/2024 ISSUED BY THE RESPONDENT No-

6 VIDE ANNEXURE-E THE DEMAND ON THE PART OF R8

COLLEGE IN INSISTING UPON THE PETITIONER TO MAKE THE

PAYMENT OF RS. 27,12,450 AS MANAGEMENT QUOTA FEES IN

RESPECT OF THE PETITIONER TO THE 2ND YEAR COURSE AND

FUTURE COURSES IS CONCERNED AND THE IMPUGNED

COMMUNICATION BEARING NO. DME/SMS/MCS-43-2024

DATED 20/03/2024 VIDE ANNEXURE-F AS ARBITRARY,

ILLEGAL AND VOID, ETC.

- 4 -

IN WP NO. 9394/2024:

BETWEEN:

1. MS. CHALA VARDHAN

D/O PREETHI VARDHAN H N

AGED ABOUT 19 YEARS,

PERMANENTLY R/O ANNAPOORNESHWARI NILAYA

DEVAMMA BADAVANI, 1^STCROSS CHANNAPATNA,

NEAR NEW BUS STAND, HASSAN-573201.

2. MR MITHILESH SANJAY KESARE

S/O SANJAY KESARE

AGED ABOUT 20 YEARS,

PERMANENTLY R/O

KUDAL, SINDHUDURG

MAHARASHTRA-416520.

...PETITIONERS

(BY SRI. P.P HEGDE, SENIOR COUNSEL FOR

SMT. RACHITHA RAJASHEKAR, ADVOCATE)

AND:

1. UNION OF INDIA MINISTRY OF HEALTH

AND FAMILY WELFARE

NIRMAN BHAWAN MOTILAL NEHRU MARG AREA,

NEW DELHI-110011

REPRESENTED BY ITS SECRETARY.

2. STATE OF KARNATAKA

DEPARTMENT OF HEALTH AND FAMILY WELFARE,

MEDICAL EDUCATION ROOM N. 105, 1ST FLOOR,

VIKASA SOUDHA BENGALURU-560001

REPRESENTED BY ITS PRINCIPAL SECRETARY

3. NATIONAL MEDICAL COMMISSION

POCKET-14, SECTOR 8 DWARAKA PHASE-I NEW DELHI-110077

- 5 -

REPRESENTED BY ITS SECRETARY.

4. MEDICAL ASSESSMENT AND RATING BOARD

NATIONAL MEDICAL COMMISSION

POCKET-14, SECTOR 8 DWARAKA PHASE-I NEW DELHI-110077

REPRESENTED BY ITS PRESIDENT.

5. DIRECTORATE OF MEDICAL EDUCATION BANGALORE

MEDICAL COLLEGE AND RESEARCH INSTITUTE,

(OLD BUILDING) K.R ROAD,

FORT BENGALURU-560002

REPRESENTED BY ITS DIRECTOR.

6. KARNATAKA EXAMINATIONS AUTHORITY

SAMPIGE ROAD, 18^THCROSS MALLESHWARAM,

BENGALURU-560012

REPRESENTED BY ITS EXECUTIVE DIRECTOR.

7. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE

4TH T BLOCK, JAYANAGAR BENGALURU-560041

REPRESENTED BY ITS REGISTRAR

8. G R MEDICAL COLLEGE

HOSPITAL AND RESEARCH CENTRE,

NEERMARGA MANGALORE-575029

REPRESENTED BY ITS PRINCIPAL.

9. S.S. INSTITUTE OF MEDICAL SCIENCES

& RESEARCH CENTRE

JNANASHANKARA, NH-4 BYPASS ROAD, POST BOX No.1, DAVANAGERE 577 005

REPRESENTED BY ITS PRINCIPAL.

10. KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES

30^THMAIN ROAD, NEAR BDA SHOPPING COMPLEX,

SIDDANNA LAYOUT, BANASHANKARI STAGE II

BANASHANKARI, BENGALURU

KARNATAKA 560 070

REPRESENTED BY ITS PRINCIPAL.

- 6 -

11. BGS GLOBAL INSTITUTE OF MEDICAL SCIENCES,

No.67, BGS HEALTH & EDUCATION CITY,

UTTARAHALLI ROAD, KENGERI,

BENGALURU-56060, KARNATAKA

REPRESENTED BY ITS PRINCIPAL

...RESPONDENTS

(BY SRI. RAJASHEKAR S., CGC, FOR R-1; SRI. SUDEV HEGDE, AGA, FOR R-2 & R-5; SRI. N.KHETTY, ADVOCATE FOR R-3; SRI. N.K.RAMESH, ADVOCATE FOR R-6; SMT. FARAH FATHIMA, ADVOCATE FOR R-7 (V/C); SRI. G.B.SHARATH GOWDA, ADVOCATE FOR R-10(V/C); R-9 & R-11 ARE SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA, FILED PRAYING TO WRIT

OF MANDAMUS DIRECTING THE 5^THRESPONDENT-DIRECTOR, MEDICAL EDUCATION AND THE 6^THRESPONDENT-KEA TO

DIRECT THE RECIPIENT CHANGES TO ACCEPT THE FEE PAID

TO THE 8^THRESPONDENT COLLEGE FAILING WHICH ALLOT

THE SEATS IN THE GOVERNMENT MEDICAL COLLEGES TO

ENABLE THE PETITIONERS TO BE ADMITTED TO THE 2^NDYEAR

MBBS COURSE, AND ONWARDS, IN THE INTEREST OF JUSTICE

AND EQUITY, ETC.

IN WP NO. 10382/2024:

BETWEEN:

1. NANDAN N.P.,

S/O NARAHARI BHAT PUJARI,

AGED ABOUT 20 YEARS,

39 DEVAL GHANGAPUR NEAR

DATATREYA TEMPAL DEVALA GHANGAPUR (T)

GULBARGA - 585212.

2. ADITYA R.K.,

S/O R.B.KRISHNA,

AGED ABOUT 19 YEARS,

NO.89 KRISHNA, V.P.BADAVANE,

- 7 -

1^STCROSS, VTC: CHITRADURA,

PO: CHITRADURGA,

SUB DISTRICT: CHALLAKERE,

DISTRICT CHITRADURGA - 577501.

3. ONKAR HATTALI

S/O RAVINDRA HATTIALI,

AGED ABOUT 20 YEARS,

R/O UMADI TAL JATH DIST. SANGLI MAHARASHTRA - 416413.

4. RIYA SURESH PAWAR

D/O SURESH PAWAR,

AGED ABOUT 19 YEARS,

SULANKHE PARK MIRAJ,

MAHARASHTRA - 416410.

5. ANKITHA H.R.,

D/O RANGASWAMY H.,

AGE 19 YEARS,

BHUVANESHWARI STREET,

GURUPURA SECOND CROSS,

SHIVAMOGGA - 577203.

6. GAYATHRI S.P.,

D/O PUTTARAJU S.N.,

AGED 20 YEARS,

BANASHANKARI NILAYA, 1^STCROSS,

RANIPET HOSPET - 583201.

7. NAMITA D.M.,

D/O DENYA NAIK,

AGED ABOUT 20 YEARS,

R/O NO. 22, ASHIRWADA,

AMRITH LAYOUT, SAGAR ROAD,

GADIKOPPA, SHIVAMOGGA-577205.

8. AYESHA FATIMA

D/O MOHAMMED GOUSE, H.NO. 3-9-70 KHASBA WADI,

NEAR MADINA MASJID,

- 8 -

YADGIR CITY YADGIR - 585201.

9. ADARSH N.HEBBALMATH

S/O N.B.HEBBALMATH,

AGED 20 YEARS,

NO.7, SRI ANNAPURNESWARI,

KHB LAYOUT, SECOND CROSS,

SAMPIGENAGARA,

DHARWAD - 580008.

10. ASWINI AJI

D/O AJI THANKAPPAN,

AGED ABOUT 20 YEARS,

R/O THONIKKUZHIYIL, THAMMANIMATTOM,

RAMAMANGALAM, AIKARANAD SOUTH VILLAGE,

RAMAMANGALAM, RENAKULAM, KERALA-686663.

11. SHILPA K

D/O KUNIKANNAN NAIR T,

AGED 20 YRS,

R/O CHERUKARA HOUSE,

PARAMB THEKKIL PO,

CHENGALA VIA KASARAGOD-671541.

12. AKSHTH P THAMPY

S/O PADMAJAN THAMPI K.R.,

SREEMANDIRAM NELLIMUKAL P O

VTC: KADAMPANADU

PATHANAMTHITTA KERALA - 691551.

13. NISHAT R.KOLYAL

D/O RAJAHAMAD KOLYAL

NO VIDYA NAGAR, TALIKOTI (RURAL)

TALIKOTI, VIJAYAPURA - 586214.

14. MAJAHAR KHAJASO SHAIKH

S/O KHAJASO ALLABAKSH SHAIKH

AGED ABOUT 20 YEARS,

R/O JAID MAHAJAR MANZIL,

PLOT NO. 83 SATYASANAGAR,

MALI COLONY, WARANAALI, VISHRAMBAG,

- 9 -

SANGLI, MAHARASHTRA - 416416.

15. PRAJWAL YAMANAPPA NAVI

S/O YAMANAPPA

AGED 20 YEARS

R/O HIDKAL, TQ- RAYBAG, DIST - BELAGAVI - 591220.

16. CHANDRASHEKHAR MUGALKHOD

S/O SHANKAR AGED 21 YEARS, R/O MALA TOTA, GURLAPURA, BELGAUM - 591312.

17. ABHIGNASHREE L.,

D/O V.LOKESH

AGED ABOUT 21 YEARS,

1^STYEAR MBBS STUDENT,

R/O NO.104, CHANDHANA APPARTMENT, 15^THCROSS, ANNAPORNESHWARI NAGAR, BENGALURU -

560072.

...PETITIONERS

(BY SMT. HIREMATH AKKAMAHADEVI, ADVOCATE

FOR P1 TO P12, P16 & P17;

SRI. P.P.HEGDE, SENIOR COUNSEL FOR

SMT. RACHITHA RAJASHEKAR, ADVOCATE FOR

P13, P14 & P15)

AND:

1. STATE OF KARNATAKA

DEPARTMENT OF HEALTH AND FAMILY WELFARE,

MEDICAL EDUCATION ROOM NO. 105, 1^STFLOOR,

VIKASA SOUDHA, BENGALURU - 560001.

REPRESENTED BY ITS PRINCIPAL SECRETARY.

2. NATIONAL MEDICAL COMMISSION

POCKET - 14, SECTOR 8, DWARAKA PHASE-I, NEW DELHI - 110077.

REPRESENTED BY ITS SECRETARY.

3. DIRECTORATE OF MEDICAL EDUCATION BANGALORE

- 10 -

MEDICAL COLLEGE AND RESEARCH INSTITUTE,

(OLD BUILDING) K.R.ROAD,

FORT, BENGALURU - 560002.

REPRESENTED BY ITS DIRECTOR.

4. KARNATAKA EXAMINATIONS AUTHORITY

SAMPIGE ROAD, 18^THCROSS MALLESHWARAM,

BENGALURU - 560012.

REPRESENTED BY ITS EXECUTIVE DIRECTOR.

5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4^THT BLOCK, JAYANAGAR,

BENGALURU - 560041.

REPRESENTED BY ITS REGISTRAR.

6. G.R. MEDICAL COLLEGE AND

HOSPITAL AND RESEARCH CENTRE

NEERMARGA, MANGALORE - 575029.

REPRESENTED BY ITS PRINCIPAL

7. AKASH INSTITUTE OF MEDICAL

SCIENCE RESEARCH CENTRE,

PRASANNAHALLI MAIN ROAD,

NEAR INTERNATIONAL AIRPORT, DEVANAHALLI,

BENGALURU, KARNATAKA - 562110.

REPRESENTED BY ITS PRINCIPAL

8. K.V.G MEDICAL COLLEGE

COURT ROAD, KURUNJIBHAG SULLIA,

KARNATAKA - 574327.

REPRESENTED BY ITS PRINCIPAL

9. SHRIDEVI INSTITUTE OF MEDICAL

SCIENCES AND RESEARCH HOSPITAL

SIRA ROAD, LINGAPURA,

TUMKUR - 572106.

REPRESENTED BY ITS PRINCIPAL

10. VYDEHI INSTITUTE OF MEDICAL SCIENCES

AND RESEARCH CENTRE

NO.82, NALLURAHALLI,

- 11 -

NEAR BMTC 18^THDEPOT,

WHITEFIELD, BENGALURU - 560 066.

REPRESENTED BY ITS PRINCIPAL.

11. J J M MEDICAL COLLEGE

MEDICAL COLLEGE ROAD,

MCC B BLOCK, KUVEMPU NAGAR,

DAVANAGERE, KARNATAKA - 577004.

REPRESENTED BY ITS PRINCIPAL

12. EAST POINT COLLEGE OF MEDICAL SCIENCES

AND RESEARCH CENTRE

NO.113, JNANA PRABHA CAMPUS,

BIDARABALLI, VIRGONAGAR POST,

BENGALURU-560049, KARNATAKA

REPRESENTED BY ITS PRINCIPAL

13. AI-AMEEN MEDICAL COLLEGE ATHANI ROAD, VIJAYAPUR - 586 108.

KARNATAKA,

REPRESENTED BY ITS PRINCIPAL

14. FATHER MULLER MEDICAL COLLEGE

FATHER MULLER ROAD,

KANKANADY, MANGALORE - 575 002,

KARNATAKA, INDIA

REPRESENTED BY ITS PRINCIPAL

15. KANACHUR INSTITUTE OF MEDICAL SCIENCES

MANGALORE,

MANGALORE UNIVERSITY ROAD,

NATEKAL - 575 018. KARNATAKA, INDIA,

REPRESENTED BY ITS PRINCIPAL

16. SIDDAGANGA MEDICAL COLLEGE

AND RESEARCH INSTITUTE

DR. SREE SREE SHIVAKUMAR SWAMIJI ROAD,

TUMAKURU - 572102.

REPRESENTED BY ITS PRINCIPAL

17. THE OXFORD MEDICAL COLLEGE,

- 12 -

HOSPITAL AND RESEARCH CENTRE

BENGALURU YADAVANAHALLI,

ATTIBELE, BENGALURU, CHENNAI HWY,

RAJAJINAGAR 3^RDBLOCK, ANEKAL,

KARNATAKA - 562107.

REPRESENTED BY ITS PRINCIPAL

18. BASAVESHWARA MEDICAL COLLEGE AND HOSPITAL

CHITRADURGA, SJM CAMPUS, NH4 BYPASS,

CHITRADURGA, KARNATAKA - 577502.

REPRESENTED BY ITS PRINCIPAL

19.

20.

M V J MEDICAL COLLEGE AND RESEARCH HOSPITAL

BENGALURU NH75, 30^THMILE, DANDUPALYA VILLAGE,

KOLATHUR, POST, HOSKOTE, KARNATAKA-562114.

REPRESENTED BY ITS PRINCIPAL

BGS GLOBAL INSTITUTE OF MEDICAL SCIENCES,

NO.67, BGS HEALTH & EDUCATION CITY, UTTARAHALLI ROAD, KENGERI, BENGALURU-560060.

KARNATAKA,

REPRESENTED BY ITS PRINCIPAL

...RESPONDENTS

(BY SRI. SUDEV HEGDE, AGA FOR R1 & R3; SRI. N.KHETTY, ADVOCATE FOR R2; SRI. N.K.RAMESH, ADVOCATE FOR R4; SMT. FARAH FATHIMA, ADVOCATE FOR R5; SRI. KRISHNAMOORTHY D., ADVOCATE FOR R8; SRI. SAMARTH SREEDHAR, ADVOCATE FOR R10; SRI. N.THIMME GOWDA, ADVOCATE FOR R12; SRI. GOWTHAM A.R., ADVOCATE FOR R17; SRI. MADHUKAR DESHPANDE, ADVICATE FOR 18; SRI. HARISH H.V., ADVOCATE FOR R21;

R7, R9, R11, R13, R14, R15, R16, R19, R20

ARE SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO HOLD

AND DECLARE THAT THE FEE PAID BY THE PETITIONERS FOR

THE MANAGEMENT QUOTA AS RECEIVED BY THE 6^TH

RESPONDENT COLLEGE AT THE TIME OF ADMISSION (AY

- 13 -

2022-23) IS THE FEE THAT WAS NOTIFIED TO THE STUDENTS

AT THE TIME OF ADMISSION TO 6^THRESPONDENT COLLEGE

FOR THE ACADEMIC YEAR 2022-23 AND ETC.

IN WP NO. 11329/2024:

BETWEEN:

1. SRI. SHUBHAM YADAV

S/O SRI RANJEETH YADAV

AGED ABOUT 24 YEARS

REG MO.4407023005

3^RDYEAR MBBS STUDENT

SHRIDEVI INSTITUTE OF MEDICAL SCIENCES

AND RESEARCH HOSPITAL, SIRA ROAD

NH4, LINGAPURA TUMKUR,

KARNATAKA-572106

2. SRI AMRITHA GOPAL KRISHNAN

S/O SRI RANJEETH YADAV

AGED ABOUT

REG MO.2806002452

3^RDYEAR MBBS STUDENT

AJ INSTITUTE OF MEDICAL SCIENCES

NH 66, KUNRILKANA

MANGALORE, KARNATAKA-575004

3. BHOSALE SAURABH DATTATRAY

S/O SRI DATTATRAY

AGED ABOUT 26 YEARS

REG MO.3117009260

2^NDYEAR MBBS STUDENT

B R AMBEDKAR MEDCIAL COLLEGE AND

LAB, 19 VENKATESHPURAM

KODUGONDANAHALLI

BENGALURU KARNATAKA-560045

4. SUBRAMANYA UMESH BENACHANAMARDI

S/O SRI UMESH NAGAPPA BENACHANAMARADI

AGED ABOUT 21 YEARS

REG MO.2701006164

- 14 -

2^NDYEAR MBBS STUDENT

AKASH INSTITUTE MEDICAL SCIENCES AND RESEARCH

CENTER, PRASANNAHALLI MAIN ROAD

NEAR INTERNATIONAL AIRPORT

DEVANAHALLI, BENGALURU-562110

5. RIFAQUAT TAMMIM MOHAMMED ILIYAZPATHAN

S/O SRI MOHAMMED ILIYAZ PATHAN

AGED ABOUT 21 YEARS

REG MO.2706010004

2^NDYEAR MBBS STUDENT

KANACHUR INSTITUTE OF MEDICAL SCIENCES AND

RESEARCH CENTER

KONAJE UNIVERSITY ROAD

NATEKAL POST MANGALORE

KARNATAKA-575018

6. PEERZADE MOINUDDIN SHARFODDIN

S/O SRI SHARFODDIN PEERZADE

AGED ABOUT 21 YEARS

REG MO.2706003050

1^STYEAR MBBS STUDENT

SUBBAIAH INSTITUTE OF MEDICAL SCIENCE

NH-13, HOLEY HONNUR ROAD PURLE SHIVAMOGGA, KARNATAKA-577222

7. RISHAV RAJ

S/O SRI PAWAN KUMAR

AGED ABOUT 23 YEARS

REG MO.1502101016

3RD YEAR MBBS STUDENT

M V J MEDICAL COLLEGE AND RESEARCH HOSPITAL

NH 75, 30^THMILE, DANDUPALYA VILLAGE KOLATHUR

POST, HOSKOTE CHANNASANDRA

BENGALURU KARNATAKA-562114

8. JEEFIN AJIITH

C/O SRI MANOJ P V

AGED ABOUT 21 YEARS

REG MO.2804007239

3RD YEAR MBBS STUDENT

- 15 -

SRINIVAS INSTITUTE OF MEDICAL RESEARCH CENTER

SRINIVAS NAGAR, MUKKA

SURATHKAR MANGALORE

KARNATAKA-574146

9. SHUCHITHA S BHARADWAJ

D/O SRI SURESH B R

AGED ABOUT 21 YEARS

REG MO.2708011142

3RD YEAR MBBS STUDENT

SRINIVASA INSTITUTE OF

MEDICAL RESEARCH CENTER

SRINIVAS NAGAR

MUKKA, SURATHKAL

MANGALORE KARNATAKA-574146

...PETITIONERS

(BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)

AND:

1. THE UNION OF INDIA

REP. SECRETARY

MINISTRY OF HEALTH AND FAMILY SERVICES

NIRMANBHAVAN, MOULANA AZAD ROAD

NEW DELHI-110011

2. NATIONAL MEDICAL COMMISSION

(ERSTWHILE MEDICAL COUNCIL OF INDIA)

POCKET 14, SECTOR 8 DWARKA

NEW DELHI-110007

REPRESENTED BY ITS SECRETARY

3. MEDICAL ASSESSMENT AND RATING BOARD(MARB)

UNDER GRADUATE SECTION

NATIONAL MEDICAL COMMISSION

POCKET-14, SECTOR 8

DWARKA, PHASE I

NEW DELHI-110077

4. STATE OF KARNATAKA

DEPARTMENT OF HEALTH AND FAMILY WELFARE

- 16 -

105, 1^STFLOOR, SECRETARIAT BUILDING

VIKASA SOUDHA, BENGALURU-560001

REPRESENTED BY ITS SECRETARY

5. THE DIRECTORATE OF MEDICAL EDUCATION

REPRESENTED BY ITS DIRECTOR

I FLOOR, FORT, K R ROAD

BENGALURU-560002

6. KARNATAKA EXAMINATIONS AUTHORITY

SAMPIGE ROAD

18^THCROSS, MALLESHWARAM

BANGALORE-560012

REPRESENTED BY ITS EXECUTIVE DIRECTOR

7. RAJIV GANDHI UNIVERSTIY OF HEALTH SCIENCES

4^THT BLOCK, JAYANAGAR

BANGALORE-560041

REPRESENTED BY ITS REGISTRAR

8. SHRIDEVI INSTITUTE OF MEDICAL SCIENCES AND

RESEARCH HOSPITAL

SIRA ROAD, NH 4, LINGAPURA

TUMKUR, KARNATAKA-572106

REP BY THE PRINCIPAL

9. A J INSTITUTE OF MEDICAL SCIENCES

NH,66, KUNRILKANA

MANGALORE KARNATAKA-575004

REP BY THE PRINCIPAL

10. B R AMBEDKAR MEDICAL COLLEGE AND LAB 19

VENKATESHPURAM

KODUGONDANAHALLI BENGALURU

KARNATAKA-560045

REP BY THE PRINCIPAL

11. AKASH INSTITUTE MEDICAL SCIENCES AND RESEARCH

CENTRE

PRASANNAHALLI MAIN ROAD

NEAR INTERNATIONAL AIRPORT

- 17 -

DRAVANAHALLI

BENGALURU KARNATAKA-562110

REP BY THE PRINCIPAL

12. KANACHUR INSTITUTE MEDICAL SCIENCES AND

RESEARCH CENTER

KONAJE UNIVERSITY ROAD

NATEKAL POST, MANGALORE

KARNATAKA-575018

REP BY THE PRINCIPAL

13. SUBBAIAH INSTITUTE OF MEDICAL SCIENCE

NH-13, HOLEY HONNUR ROAD, PURLE SHIVAMOGGA, KARNATAKA-577222

REP BY THE PRINCIPAL

14. M V J MEDICAL COLLEGE AND RESEARCH HOSPITAL

NH 75, 30^THMILE

DANDUPALYA VILLAGE KOLATHUR POST

HOSKOTE, CHANNASANDRA

BENGALURU KARNATAKA-562114

REP BY THE PRINCIPAL

15. SRINIVASA INSTITUTE OF

MEDICAL RESEARCH CENTER

SRINIVAS NAGAR, MUKKA

SURATHKAL, MANGALORE

KARNATAKA-574146

REP BY THE PRINCIPAL

...RESPONDENTS

(BY SRI. S.RAJASHEKAR, S.CGC, FOR R-1; SRI. N.KHETTY, ADVOCATE FOR R-2 & R-3; SRI. SUDEV HEGDE, AGA, FOR F-4 & R-5; SRI. N.K.RAMESH, ADVOCATE FOR R-6; SMT. FARAH FATHIMA, ADVOCATE FOR R-7 (V/C);

SRI. Y. RAJENDRA PRASAD SHETTY, ADVOCATE FOR

R-9;

SRI.B.R.VYASAKRIAN UPADYAYA, ADVOCATE FOR

R-15;

R-8, R-10 TO R-14 ARE SERVED AND UNREPRESENTED)

- 18 -

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR

RELEVANT AND DECLARE THAT THE PETITIONERS ARE

ENTITLED TO CONTINUE IN THE RESPECTIVE ALLOTTED

COLLEGES RESPONDENT No. 8 TO 15 AND TO ATTEND THE

CLASSES OF THE RESPECTIVE MBBS UG COURSE AND TO

COMPLETE THE SAME BY ACCEPTING THE FEES STRUCTURE

AS INDICATED AT THE TIME OF ADMISSION TO GR MEDICAL

AS PER ANNEXURE-A TO A8 (SERIES), ETC.

IN WP NO. 11334/2024:

BETWEEN:

1. SRI. PRAMODH V

S/O VENKATESH L

AGED ABOUT 20 YEARS

UGNEET ROLL NO. 2728080147

SECOND YEAR MBBS STUDENT,

DR. B R AMBEDKAR MEDICAL COLLEGE

BENGALURU,

R/AT 31, JAYANTHIGRAMA, HALESORAB, SHIVAMOGGA-577429.

2. MISS. SUMAN S ANTIN,

D/O SADASHIV

AGED ABOUT 22 YEARS,

UGNEET ROLL NO.2707100303

SECOND YEAR MBBS STUDENT,

S. NIJALINGAPPA MEDICAL COLLEGE AND

RESEARCH HOSPITAL AND RESEARCH CENTRE,

BAGALKOT,

R/AT SIDDAPUR, BILAGI, BAGALKOT -587117

3. MISS. SHREYA DHANAJIPATIL

D/O DHANJIPATIL,

AGED ABOUT 21 YEARS,

UGNEET ROLL NO. 3119090185

SECOND YEAR MBBS STUDENT,

BGS GLOBAL INSTITUTE OF MEDICAL SCIENCES,

- 19 -

BENGALURU

R/AT PATIL GALLI,

CHIKUDRE, WALWA, SANGLI 415412.

4. MISS. SAKSHI SUNIL PUJARI

D/O SUNIL PUJARI

AGED ABOUT 21 YEARS,

UGNEET ROLL NO. 3117130157

SECOND YEAR MBBS STUDENT,

MAHADEVAPPA RAMPURE MEDICAL COLLEGE,

KALBURGI,

R/AT 22, RAJHANS NAGAR,

SHIVAJI NAGAR,

SOLAPUR NORTH- 413255

5. MISS. MANASI

D/O BHAGWAN MINCHEKAR,

AGED ABOUT 21 YEARS,

UGCET ROLL NO. 3119040392

SECOND YEAR MBBS STUDENT,

NAVODAYA MEDICAL COLLEGE,

RAICHUR,

R/AT, DNYANVAIBHAV BUILDING,

SHASTRI NAGAR, KOLHAPUR ROAD,

SANGLI- 415409

6. SRI. ANIKETH

S/O RAJIV TARAPURE,

AGED ABOUT 23 YEARS,

UGNEET ROLL NO. 3112150127

SECOND YEAR MBBS STUDENT,

A J INSTITUTE OF MEDICAL SCIENCES

AND RESEARCH CENTRE,

MANGALURU,

R/AT 251A, NEAR SAI MANDIR,

MURADUPUR, WARCHA,

CHIPLUN-415605

7. HRUDAYA PRASHANTH DESHMUKH

D/O PRASHANTH DESHMUKH,

AGED ABOUT 23 YEARS,

- 20 -

UGNEET ROLL NO. 31111600002

SECOND YEAR MBBS STUDENT,

KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES,

BENGALURU

R/AT GAJANANAPET, LAHANUMRI, AKOLA- 444001

8. SRI. SUJAN M

S/O MANJUNATH M.L

AGED ABOUT 20 YEARS

UGNEET ROLL NO.2728040354

SECOND YEAR MBBS STUDENT

SRINIVAS INSTITUTE OF MEDICAL SCIENCES

AND RESEARCH INSTITUTE,

MANGALURU.

R/AT VIJAYA NAGAR,

4TH CROSS, GUTYAPPA COLONY,

MAKARA JYOTHI,

SHIMOGGA 577201

9. MISS. PRAGNAYA M S

D/O SRINIVAS,

AGED ABOUT 20 YEARS,

UGNEET ROLL NO.2707040352

SECOND YEAR MBBS STUDENT,

DR. B R AMBEDKAR MEDICAL COLLEGE

BENGALURU

R/AT 595/ NO.3, 2^NDCROSS, PEER KHAN STREET,

NAZARBAAD, MYSURU 570010

...PETITIONERS

(BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)

AND:

1. THE UNION OF INDIA

REP. SECRETARY

MINISTRY OF HEALTH AND FAMILY SERVICES

NIRMANBHAVAN,

MOULANA AZAD ROAD,

NEW DELHI 110 011

- 21 -

2. NATIONAL MEDICAL COMMISSION

(ERSTWHILE MEDICAL COUNCIL OF INDIA)

POCKET 14, SECTOR 8,

DWARKA, NEW DELHI-110007

REPRESENTED BY ITS SECRETARY

3. MEDICAL ASSESSMENT AND RATING BOARD (MARB)

UNDER GRADUATE SECTION,

NATIONAL MEDICAL COMMISSION,

POCKET -14, SECTOR 8, DWARKA, PHASE I, NEW DELHI-110077

4. STATE OF KARNATAKA

DEPARTMENT OF HEALTH AND FAMILY WELFARE,

105, 1ST FLOOR, SECRETARIAT BUILDING,

VIKASA SOUDHA, BENGALURU-560001

REPRESENTED BY ITS SECRETARY

5. THE DIRECTORATE OF MEDICAL EDUCATION

REPRESENTED BY ITS DIRECTOR,

I FLOOR, FORT, K R ROAD,

BENGALURU-560002

6. KARNATAKA EXAMINATIONS AUTHORITY

SAMPIGE ROAD, 18TH CROSS,

MALLESHWARAM

BANGALORE-560012

REPRESENTED BY ITS

EXECUTIVE DIRECTOR

7. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4TH T BLOCK, JAYANAGAR,

BANGALORE-560041

REPRESENTED BY ITS REGISTRAR

8. DR. B R AMBEDKAR MEDICAL COLLEGE

REP. BY THE PRINCIPAL

GANDHI NAGAR, KADUGONDANAHALLI,

BANGALORE 560045

9. SRI S. NIJALINGAPPA MEDICAL COLLEGE AND

- 22 -

RESEARCH HOSPITAL AND RESEARCH CENTRE

REP. BY THE PRINCIPAL

NAVANAGAR, BAGALKOT- 587102

10. BGS GLOBAL INSTITUTE OF MEDICAL SCIENCES

REP. BY THE PRINCIPAL

DR.VISHNUVARDHAN RD, KENGERI,

BENGALURU-560060

11. MAHADEVAPPA RAMPURE MEDICAL COLLEGE

REP. BY THE PRINCIPAL

MAHADEVAPPA RAMPURE MARG,

SEDAM ROAD, KALABURAGI - 585 105

12. NAVODAYA MEDICAL COLLEGE

REP. BY THE PRINCIPAL

ASHOK NAGAR, RAICHUR,

KARNATAKA 584102

13. A J INSTITUTE OF MEDICAL SCIENCES

AND RESEARCH CENTRE

REP. BY THE PRINCIPAL

KUNTIKANA NH -66, MANGALORE - 575 004

14. KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES

REP. BY THE PRINCIPAL

BANASHANKARI 2ND STAGE ,

BANGALORE-560070

15. SRINIVASA MEDICAL COLLEGE

REP. BY ITS PRINCIPAL

SRINIVAS NAGAR, MUKKA,

SURATHKAL,

MANGALORE 575 021

...RESPONDENTS

(BY SRI. S. RAJASHEKAR.S, CGC FOR R-1; SRI. N.KHETTY, ADVOCATE FOR R-2 & R-3; SRI. SUDEV HEGDE, AGA, FOR R-4 & R-5; SRI. N.K.RAMESH, ADVOCATE FOR R-6; SMT. FARAH FATHIMA, ADVOCATE FOR R-7 (V/C);

- 23 -

SRI. Y.RAJENDRA PRASAD SHETTY, ADVOCATE FOR

R-13;

SRI. G.B.SHARATH GOWDA, ADVOCATE FOR R-14;

SRI. B.R.VYASAKRIAN UPADYAYA, ADVOCATE FOR

R-15;

R-8 TO R-12 ARE SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET

ASIDE THE FIXATION OF FEES FOR THE STUDENTS OF THE

1ST YEAR 2022-23 AT RS.27,12,450 FOR NRI QUOTA AND FOR MANAGEMENT QUOTA 27,12,450 AND FOR THE YEAR 2022-23

THE NRI STUDENTS ARE MADE TO PAY 32,62,450 AND THE

SAME SET OF FEES FOR MANAGEMENT STUDENTS PASSED

THE RESPONDENT NO.6 IN NO.ED/KEA/MAHITI-G.R/2024

DATED 19/03/2024 VIDE ANNEXURE-F AND THE IMPUGNED COMMUNICATION BEARING NO.DME/SMS/MCS-43-2024

DATED 20/06/2024 VIDE ANNEXURE-G AS ARBITRARY,

ILLEGAL AND VOID, ETC.

IN WP NO. 11740/2024:

BETWEEN:

1. MS REETU JOY

D/O SRI JOY T.C. THEKKEKARA

AGED ABOUT 21 YEARS

REG. NO. 2803014264

3RD YEAR MBBS STUDENT

EAST POINT COLLEGE OF MEDICAL SCIENCES,

AND RESEARCH CENTER, JNANAPRABHA,

EAST POINT CAMPUS, VIRGO NAGAR POST AVALAHALLI,

BENGALURU

KARNATAKA - 560049

...PETITIONER

(BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)

AND:

1. THE UNION OF INDIA

REP. SECRETARY

- 24 -

MINISTRY OF HEALTH AND FAMILY SERVICES

NIRMANBHAVAN, MOULANA AZAD ROAD,

NEW DELHI - 110 011

2. NATIONAL MEDICAL COMMISSION

(ERSTWHILE MEDICAL COUNCIL OF INDIA)

POCKET 14, SECTOR 8,

DWARKA, NEW DELHI - 110 007

REPRESENTED BY ITS SECRETARY

3. MEDICAL ASSESSMENT AND RATING BOARD (MARB)

UNDER GRADUATE SECTION,

NATIONAL MEDICAL COMMISSION,

POCKET-14, SECTOR 8, DWARKA, PHASE I, NEW DELHI - 110 077

4. STATE OF KARNATAKA

DEPARTMENT OF HEALTH AND FAMILY WELFARE,

105, 1^STFLOOR, SECRETARIAT BUILDING,

VIKASA SOUDHA, BENGALURU - 560001

REPRESENTED BY ITS SECRETARY

5. THE DIRECTORATE OF MEDICAL EDUCATION

REPRESENTED BY ITS DIRECTOR,

I FLOOR, FORT K.R.ROAD,

BENGALURU - 560002.

6. KARNATAKA EXAMINATIONS AUTHORITY

SAMPIGE ROAD, 18^THCROSS, MALLESHWARAM

BANGALORE - 560012

REPRESENTED BY ITS EXECUTIVE DIRECTOR

7. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4TH T BLOCK, JAYANAGAR,

BANGALORE - 560041

REPRESENTED BY ITS REGISTRAR.

8. EAST POINT COLLEGE OF MEDICAL SCIENCES AND

RESEARCH CENTER,

JNANA PRABHA, EAST POINT CAMPUS,

VIRGO NAGAR POST,

- 25 -

AVALAHALLI, BENGALURU - 560049

REP. BY THE PRINCIPAL

...RESPONDENTS

(BY SRI. RAJASHEKAR S., CGC, FOR R-1; SRI. N.KHETTY, ADVOCATE FOR R-2 & R-3; SRI. SUDEV HEGDE, AGA FOR R-4 & R-5; SRI. N.K.RAMESH, ADVOCATE FOR R-6; SMT. FARAH FATHIMA, ADVOCATE FOR R-7 (V/C); SRI. N.THIMMEGOWDA, ADVOCATE FOR R-8)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR

RELEVANT DECLARE THAT THE PETITIONER IS ENTITLED TO

CONTINUE IN THE RESPECTIVE ALLOTTED COLLEGES

RESPONDENT No-8 AND TO ATTEND THE CLASSES OF THE

RESPECTIVE MBBS UG COURSE AND TO COMPLETE THE SAME

BY ACCEPTING THE FEES STRUCTURE AS INDICATED AT THE

TIME OF ADMISSION TO GR MEDICAL AS PER ANNEXURE-A,

ETC.

IN WP NO. 15703/2024

BETWEEN:

1. SRI ANIKETH S PHOOLBHAVI

S/O SRI SANJAY KUMAR PHOOLBHAVI

AGED ABOUT 23 YEARS

REG NO 2706026077 2ND YEAR MBBS STUDEN

SHYAMANURU SHIVASHANKARAPPA

INSTITUTE OF MEDICAL SCIENCE

JANASHANKAR NH- 4 BYPASS ROAD, DAVANGERE - 577033

2. SRI VISHNU D S

S/O SRI SURESH D S

AGED ABOUT 22 YEARS

- 26 -

REG NO 2702120235

2^NDYEAR MBBS STUDENT

MAHADEVAPPA RAMPURE MEDICAL COLLEGE

MAHADEVAPPA RAMPURE

MARG SEDAM ROAD KALBURGI

KARNATAKA - 585105

3. SRI SPOORTI KUMARSWAMI VASTRAD

D/O SRI KUMARASWAMIVASTRAD

AGED ABOUT 21 YEARS

REG NO 2707005034 2ND YEAR MBBS STUDENT

MAHADEVAPPA RAMPURE MEDICAL COLLEGE

MAHADEVAPPA RAMPURE

MARG SEDAM ROAD KALBURGI

KARNATAKA - 585105

...PETITIONERS

(BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)

AND:

1. THE UNION OF INDIA

REP BY SECRETARY,

MINISTRY OF HEALTH AND FAMILY SERVICES,

NIRMAN BHAVAN, MOULANA AZAD ROAD,

NEW DELHI-110011

2. NATIONAL MEDICAL COMMISSION

(ERSTWHILE MEDICAL COUNCIL OF INDIA) POCKET 14,

SECTOR-8, DWARAKA, NEW DELHI-110007

REPRESENTED BY ITS SECRETARY.

3. MEDICAL ASSESSMENT AND RATING BOARD (MARB)

UNDER GRADUATE SECTION, NATIONAL MEDICAL

COMMISSION, POCKET-14, SECTOR 8, DWARAKA PHASE I, NEW DELHI-110077

4. STATE OF KARNATAKA

DEPARTMENT OF HEALTH AND FAMILY WELFARE, 105,

1ST FLOOR, SECRETARIAT BUILDING,

VIKASA SOUDHA, SESHADRI ROAD,

BENGALURU-560001

- 27 -

REPRESENTED BY ITS SECRETARY.

5. THE DIRECTORATE OF MEDICAL EDUCATION

REPRESENTED BY ITS DIRECTOR, I FLOOR, FORT,

K.R.ROAD, BENGALURU-560002.

6. KARNATAKA EXAMINATIONS AUTHORITY

SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM,

BANGALORE-560012

REPRESENTED BY ITS EXECUTIVE DIRECTOR.

7. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4TH T BLOCK, JAYANAGAR, BANGALORE-560041

REPRESENTED BY ITS REGISTRAR

8. SHYAMANURU SHIVASHANKARAPPA INSTITUTE OF

MEDICAL SCIENCE, JANASHANKAR NH- 4 BYPASS ROAD DAVANGERE - 577003

REPRESENTED BY ITS PRINCIPAL

9. MAHADEVAPPA RAMPURE MEDICAL COLLEGE

MAHADEVAPPA RAMPURE

MARG SEDAM ROAD, KALBURGI

KARNATAKA - 585105

REP BY IT PRINCIPAL

...RESPONDENTS

(BY SRI. RESHMA K T., CGC FOR R-1; SRI. N. KHETTY, ADVOCATE FOR R-2 & R-3; SRI. SUDEV HEGDE, AGA FOR R-4 & R-5; SRI. N.K.RAMESH, ADVOCATE FOR R-6; SMT. FARAH FATHIMA, ADVOCATE FOR R-7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR

RELEVANT AND DECLARE THAT THE PETITIONERS ARE

ENTITLED TO CONTINUE IN THE RESPECTIVE ALLOTTED

COLLEGES RESPONDENT NO.8 AND NO.9 AND TO ATTEND THE

CLASSES OF THE RESPECTIVE MBBS UG COURSE AND TO

- 28 -

COMPLETE THE SAME BY ACCEPTING THE FEES STRUCTURE

AS INDICATED AT THE TIME OF ADMISSION TO GR MEDICAL

AS PER ANNEXURE-A SERIES (A1 TO A2), ETC.

IN WP NO. 26727/2024:

BETWEEN:

1. PALLAVI K M

D/O MUNIYAPPA K M

AGED ABOUT 22 YEARS,

UG NEET ROLL NO. 2702126261

STUDENT AT SHYAMANURU

SHIVASHANKARAPPA INSTITUTE OF

MEDICAL SCIENCES,

JNANASHANKARA,

DAVANGERE

R/A RAMAIAH LAYOUT,

KEELU KOTE, KOLAR,

KARNATAKA 562 101

...PETITIONER

(BY SRI. P.P.HEGDE SENIOR COUNSEL FOR

SMT. MONISHA N.S., ADVOCATE)

AND:

1. STATE OF KARNATAKA

DEPARTMENT OF HEALTH AND FAMILY WELFARE

MEDICAL EDUCATION ROOM NO. 105, 1^STFLOOR,

VIKASA SOUDHA,

BENGALURU 560001

REPRESENTED BY ITS SECRETARY,

2. NATIONAL MEDICAL COMMISSION

ERSTWHILE MEDICAL COUNCIL OF INDIA

POCKET 14 SECTOR 8

DWARKA NEW DELHI 110007

REPRESENTED BY ITS SECRETARY

- 29 -

3. DIRECTORATE OF MEDICAL EDUCATION BANGALORE

MEDICAL COLLEGE AND RESEARCH INSTITUTE

(OLD BUILDING) K.R ROAD, FORT,

BANGALORE 560002

REPRESENTED BY ITS DIRECTOR

4. KARNATAKA EXAMINATION AUTHORITY

SAMPIGE ROAD, 18^THCROSS,

MALLESHWARAM,

BENGALURU 560012

REPRESENTED BY ITS EXECUTIVE DIRECTOR

5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4^THBLOCK, JAYANAGAR,

BANGALORE 560041

REPRESENTED BY ITS REGISTRAR

6. SHYAMANURU SHIVASHANKARAPPA

INSTITUTE OF MEDICAL SCIENCES

JNANASHANKARA DAVANGERE 577 001

REPRESENTED BY ITS PRINCIPAL

7. DR. B R AMBEDKAR MEDICAL COLLEGE

K G HALLI , BANGALORE 560041

REPRESENTED BY ITS PRINCIPAL

...RESPONDENTS

(BY SRI. SUDEV HEGDE, AGA FOR R-1 & R-3; SRI. N. KHETTY, ADVOCATE FOR R-2; SRI. N.K.RAMESH, ADVOCATE FOR R-4; SRI. B.S. SACHIN, ADVOCATE FOR R-5; SRI HARISH.H.V., ADVOCATE FOR R-7; R-6 IS SERVED AND UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A

WRIT OF CERTIORARI QUASHING THE COMMUNICATION

BEARING No.DME/SMS/MCS/43/2024 DATED 20.03.2024 ISSUED BY THE RESPONDENT No-3 IN SO FAR AS PARA Nos-3 AND 4 ARE CONCERNED THEREOF VIDE ANNEXURE-B, ETC.

- 30 -

IN WP NO. 30314/2024:

BETWEEN:

1. MS. ABHIGNASHREE L

D/O LOKESH. V,

AGED ABOUT 22 YEARS,

2^NDYEAR MBBS STUDENT,

VYDEHI INSTITUTE OF MEDICAL SCIENCES AND

RESEARCH CENTRE, NO.82,

EPIP AREA, NALLURAHALLI,

WHITEFIELD,

BENGALURU-560066

...PETITIONER

(BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

BY ITS SECRETARY,

DEPARTMENT OF HEALTH AND

FAMILY WELFARE SERVICES,

MEDICAL EDUCATION,

ROOM NO.105, 1^STFLOOR,

VIKASA SOUDHA,

BENGALURU-560001

2. THE NATIONAL MEDICAL COMMISSION,

(ERSTWHILE MEDICAL COUNCIL OF INDIA),

POCKET 14, SECTOR 8, DWARKA,

NEW DELHI-110007

REP. BY ITS SECRETARY

3. THE DIRECTORATE OF MEDICAL EDUCATION,

MEDICAL COLLEGE AND RESEARCH INSTITUTE, 1ST

FLOOR, FORT, K.R.ROAD,

BENGALURU-560002

REPRESENTED BY ITS DIRECTOR

4. THE RAJIV GANDHI UNIVERSITY OF

- 31 -

HEALTH SCIENCES,

4^TH'T' BLOCK,

JAYANAGAR,

BENGALURU-560041,

REPRESENTED BY ITS REGISTRAR.

5. THE KARNATAKA EXAMINATION AUTHORITY,

SAMPIGE ROAD 18TH CROSS,

MALLESHWARAM,

BENGALURU 560012

REP BY IS EXECUTIVE DIRECTOR

6. THE VYDEHI INSTITUTE OF MEDICAL SCIENCES

AND RESEARCH CENTRE, NO.82, EPIP AREA,

NALLURAHALLI,

WHITEFIELD,

BENGALURU-560066

REP. BY ITS PRINCIPAL

7. DR. BR AMBEDKAR MEDICAL COLLEGE

NO. 24, SHAMPURA MAIN ROAD, K G HALLI,

BANGALORE- 560041

REPRESENTED BY ITS PRINCIPAL

...RESPONDENTS

(BY SRI. SUDEV HEGDE, AGA FOR R-1 & R-3; SRI. N.KHETTY, ADVOCATE FOR R-2; SMT. FARAH FATHIMA, ADVOCATE FOR R-4; SRI.N.K.RAMESH, ADVOCATE FOR R-5; SRI. SAMARTH SREEDHAR, ADVOCATE FOR R-6; SRI. HARISH H.V., ADVOCATE FOR R-7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR

RELEVANT RECORDS ISSUE A WRIT OF MANDAMUS

DIRECTING THE RESPONDENT No-1 TO 4 THE STATUTORY

AUTHORITIES TO PERMIT THE PETITIONER TO SUBJECTED TO

RE-COUNSELLING SO AS TO GET TRANSFERRED FROM VYDEHI MEDICAL COLLEGE, BENGALURU TO Dr. B.R. AMBEDKAR

MEDICAL COLLEGE AT BENGLAURU FOR THE SECOND YEAR

MBBS COURSE AND PASS APPROPRIATE AND SUITABLE

ORDERS IN PURSUANCE TO THE LETTER DATED 04.11.2024

- 32 -

VIDE ANNEXURE-F, ETC.

IN WP NO. 30315/2024:

BETWEEN:

1. MS. BIYA BIJU,

D/O BIJU KURIAN,

AGED ABOUT 23 YEAR,

2^NDYEAR MBBS STUDENT (21M8314),

KEMPEGOWDA INSTITUTE OF

MEDICAL SCIENCES (KIMS),

BANASHANKARI 2^NDSTAGE,

BENGALURU-560070.

...PETITIONER

(BY SRI. CHANDRAKANTH R. GOULAY, ADVOCATE)

AND:

1. THE NATIONAL MEDICAL COMMISSION,

(ERESTWHILE MEDICAL COUNCIL OF INDIA),

POCKET 14, SECTOR-8, DWARKA, NEW DELHI-110007

REPRESENTED BY ITS SECRETARY

2. THE DIRECTORATE OF MEDICAL EDUCATION,

1^STFLOOR, FORT, K.R.ROAD,

BENGALURU-560002

REPRESENTED BY ITS DIRECTOR

3. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,

4^TH'T' BLOCK, JAYANAGAR,

BENGALURU-560041,

REPRESENTED BY ITS REGISTRAR.

4. GR MEDICAL COLLEGE HOSPITAL

AND RESEARCH CENTRE,

NEERMARGA ROAD, MANGALORE-575029

REPRESENTED BY ITS PRINCIPAL

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5. FEE REULATORY COMMITTEE,

KEA BUILDING, 2^NDFLOOR,

18^THCROSS, SAMPIGE ROAD,

MALLESHWARAM, BENGALURU-560012

6. THE KEMPEGOWDA INSTITUTE OF

MEDICAL SCIENCES,

BANASHANKARI 2^NDSTAGE,

BENGALURU-560070

7. STATE OF KARNATAKA

DEPARTMENT OF HEALTH AND FAMILY WELFARE,

105, 1^STFLOOR, SECRETARIAT BUILDING,

VIKASA SOUDHA, BENGALURU-560001

REPRESENTED BY ITS SECRETARY

KARNATAKA EXAMINATIONS AUTHORITY

SAMPIGE ROAD, 18^THCROSS,

MALLESHWARAM, BENGALURU-560012

REPRESENTED BY ITS EXECUTIVE DIRECTOR

9. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE

4^THT BLOCK, JAYANAGAR,

BENGALURU-560041

REPRESENTED BY ITS REGISTRAR

...RESPONDENTS

(BY SRI. N.KHETTY, ADVOCATE FOR R1; SRI. SUDEV HEGDE, AGA, FOR R2 & R7; SRI. FARAH FATHIMA, ADVOCATE FOR R3 & R9; SRI. G.B.SHARATHGOWDA, ADVOCATE FOR R6;

SRI. N.K.RAMESH, ADVOCATE FOR R8)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A

WRIT OF MANDAMUS DIRECTING THE 4^THRESPONDENT

G.R.MEDICAL COLLEGE HOSPITAL AND RESEARCH CENTRE,

MANGALORE, TO REFUND THE SUM OF RS.20,80,000/- PAID

BY THE PETITIONER TOWARDS FEE FOR 2^NDYEAR MBBS

COURSE AND 50 PERCENT OF HOSTEL FEES PAID BY HER, AS

EVIDENT FROM COPY AT ANNEXURE-E ALONG WITH INTEREST

ACCRUED AND PASS APPROPRIATE ORDER AND ETC.

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IN WP NO. 31820/2024

BETWEEN:

1. SRI. BESTO BABU THOMAS

S/O BABU E.T,

AGED 21 YEARS,

RESIDING AT SOUTHEEKERE,

SHETTY KOPPA POST,

CHIKKAMAGALUR-577134

...PETITIONER

(BY SRI. P.P.HEGDE, SR. COUNSEL FOR

SMT. RACHITHA RAJSHEKAR, ADVOCATE)

AND:

1. STATE OF KARNATAKA

DEPARTMENT OF HEALTH AND FAMILY

WELFARE MEDICAL EDUCATION,

ROOM NO.105, 1^STFLOOR,

VIKASA SOUDHA, BENGALURU - 560001

REPRESENTED BY ITS SECRETARY

2. KARNATAKA EXAMINATIONS AUTHORITY

SAMPIGE ROAD, 18^THCROSS,

MALLESHWARAM, BENGALURU-560012

REPRESENTED BY ITS EXECUTIVE DIRECTOR

3. NATIONAL MEDICAL COMMISSION

(ERSTWHILE MEDICAL COUNCIL OF INDIA)

POCKET 14, SECTOR 8, DWARKA,

NEW DELHI - 110007

REPRESENTED BY ITS SECRETARY

4. DIRECTORATE OF MEDICAL EDUCATION BANGALORE

MEDICAL COLLEGE AND RESEARCH INSTITUTE

(OLD BUILDING) K.R ROAD, FORT,

BENGALURU - 560002

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REPRESENTED BY ITS DIRECTOR

5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4^THBLOCK, JAYANAGAR,

BENGALURU - 560041

REPRESENTED BY ITS REGISTRAR

6. A.J.INSTITUTE OF MEDICAL SCIENCES

AND RESEARCH CENTRE,

REPRESENTED BY ITS PRINCIPAL,

KUNTI KANA, NH -66,

MANGALORE-575004

...RESPONDENTS

(BY SRI. SUDHEV HEGDE, AGA FOR R1 & R4; SRI. N.K.RAMESH, ADVOCATE FOR R2;

SRI. N.KHETTY, ADVOCATE FOR R3

SRI. B.S.SACHIN, ADVOCATE FOR R5;

SRI. Y.RAJENDRA PRASAD SHETTY, ADVOCATE FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A

WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO

QUASH THE FIXATION OF FEES BY RESPONDENT No-2/

KARNATAKA EXAMINATION AUTHORITY VIDE

COMMUNICATION DATED 19.03.2024 BEARING

No.ED/KEA/MAHITHI/GR/2024 VIDE ANNEXURE-B AND

COMMUNICATIONS DATED 20.03.2024 BEARING NUMBER

ISSUED BY DME/ RESPONDENT No-4 VIDE ANNEXURE-C FIXING THE FEES FOR NRI/MANAGEMENT QUOTA SEATS OF MEDICAL COLLEGES AT Rs-32,62,450/- FOR THE YEAR 2022-

23 AND ETC.

IN WP NO. 34035/2024

BETWEEN:

1. MISS. SAHANA P.,

D/O PRABHUSWAMY M.N.,

AGED ABOUT 22 YEARS

REG NO. 21M8384

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UG NEET ROLL NO. 2708008380

III YEAR MBBS STUDENT

K. VENKATARAMANA GOWDA MEDICAL

COLLEGE AND HOSPITAL

SULLIA, DAKSHIN KANNADA

R/AT 621/1, SRI MALLESHWARA NILAYA,

OPP. POLICE STATION ROAD,

T.NARASIPURA, MYSURU-571124

...PETITIONER

(BY SRI. CHANDRAKANTH R.GOULAY, ADVOCATE)

AND:

1. STATE OF KARNATAKA

DEPARTMENT OF HEALTH AND FAMILY WELFARE,

105, 1^STFLOOR,

SECRETARIAT BUILDING,

VIKASA SOUDHA,

BENGALURU - 560 001

REPRESENTED BY ITS SECRETARY

2. NATIONAL MEDICAL COMMISSION

(ERSTWHILE MEDICAL COUNCIL OF INDIA )

POCKET 14, SECTOR 8, DWARKA,

NEW DELHI - 110007

REPRESENTED BY ITS SECRETARY

3. MEDICAL ASSESSMENT AND RATING BOARD (MARB)

UNDER GRADUATE SECTION

NATIONAL MEDICAL COMMISSION

POCKET-14, SECTOR 8, DWARKA PHASE I NEW DELHI - 110077

4. THE DIRECTORATE OF MEDICAL EDUCATION

REPRESENTED BY ITS DIRECTOR

I FLOOR, FORT, K.R.ROAD,

BENGALURU - 560 002

5. KARNATAKA EXAMINATIONS AUTHORITY

SAMPIGE ROAD, 18^THCROSS,

MALLESHARAM, BENGALURU-560 012

- 37 -

REPRESENTED BY ITS

EXECUTIVE DIRECTOR

6. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES

4^THT BLOCK, JAYANAGAR,

BENGALURU-560 041

REPRESENTED BY ITS REGISTRAR

7. K.VENKATARAMANA GOWDA MEDICAL

COLLEGE AND HOSPITAL,

KURUNJIBAG, SULLIA, DAKSHIN KANNADA,

KARNATAKA - 571124

REPRESENTED BY ITS PRINCIPAL

...RESPONDENTS

(BY SRI. SUDEV HEGDE, AGA FOR R1 & R4; SRI. N.KHETTY, ADVOCATE FOR R2 & R3; SRI. N.K.RAMESH, ADVOCATE FOR R5; SMT. FARAH FATHIMA, ADVOCATE FOR R6;

SRI. D.KRISHNAMOORTHY, ADVOCATE FOR R7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE

THE FIXATION OF FEES FOR THE STUDENTS OF THE 1^STYEAR

2022-23 AT RS.27,12,450 FOR NRI QUOTA AND FOR MANAGEMENT QUOTA 27,12,450 AND FOR THE YEAR 2022-23

THE NRI STUDENTS ARE MADE TO PAY 32,62,450 AND THE

SAME SET OF FEES FOR MANAGEMENT STUDENTS PASSED THE

RESPONDENT NO.6 IN NO.ED/KEA/MAHITI-G.R/2024 DATED 19/03/2024 VIDE ANENXURE-F AND THE IMPUGNED COMMUNICATION BEARING NO. DME/SMS/MCS-43-2024

DATED 20.03.2024 VIDE ANNEXURE-E AS ARBITRARY, ILLEGAL

AND VOID AND ETC.

THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS

DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and

HON'BLE MR. JUSTICE VENKATESH NAIK T

- 38 -

ORAL ORDER

(PER: HON'BLE MR. JUSTICE D K SINGH)

In WP.Nos.9394/2024 & 10382/2024

Heard Mr. P.P.Hedge, learned Senior Counsel assisted by Mrs. Rachitha Rajashekar, learned counsel and Smt. Hiremath Akkamahadevi, learned counsel for the petitioners; Mr. Rajashekar.S., learned Central Government Counsel for the UOI¹; Mr. Sudev Hegde, learned Additional Government Advocate for the State; Mr. N. Khetty, learned standing counsel for NMC²and Medical Assessment and Rating Board; Mr. N.K. Ramesh, learned counsel for the KEA³; Mrs. Farah Fathima, learned counsel for RGHUS⁴; Mr. G.B.Sharath Gowda, learned counsel for the KIMS⁵.

2. These two petitions have been filed by the petitioners - students who were admitted in MBBS Course for the academic session - 2022-23 in G R Medical College, Hospital and Research Centre (for short 'the G. R. Medical College') wherein the admissions were made contrary to the

Union of India

National Medical Commission

Karnataka Examinations Authority

Rajiv Gandhi University of Health Sciences Kempegowda Institute of Medical Sciences

- 39 -

prospectus issued by the NMC⁶and against the existing prescribed guidelines, and the NMC directed the cancellation of the admissions and took punitive action against the G R Medical College, thereby the said college was closed down.

3. The students who had taken admission in the said G R Medical College were accommodated in different Medical Colleges/Institutions. Some of the colleges where the some of the students were transferred did not permit the students to take admission and they were retransferred and accommodated in the different colleges. The petitioners in these petitions have been accommodated in the different colleges and they have paid the fees. They do not have any subsisting grievance.

4. Learned counsel for the NMC submits that keeping in mind the interest of the students; we have no objection for the students pursuing their MBBS course from the transferee and re-transferee colleges.

5. Considering the said stand of the NMC, nothing survives in these writ petitions and accordingly, the same are hereby disposed of.

National Medical Commission

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6. Pending I.As. if any, shall also stand disposed of.

In WP.NO.26727/2024

1. In this petition, the petitioner was initially transferred from the G R Medical College to Respondent No.6 i.e., Shyamanuru Shivashankarappa Institute Of Medical Sciences by the KEA⁷. However, it appears that the said medical college/Institution demanded more fees than which was paid in the G R Medical college and hence, the petitioner sought for accommodation in some other college. In pursuance of the request made by the petitioner, the KEA allotted respondent No.7-Dr. B. R. Ambedkar Medical College, K. G. Halli, Bangalore to the petitioner, and the petitioner has taken admission in said college.

2. In view of the aforesaid fact that the petitioner has been accommodated in pursuance of her request in Dr. B.R.Ambedkar Medical College, nothing survives in this writ petition and accordingly, the writ petition stands disposed of.

3. Pending I.As. if any, shall also stand disposed of. Karnataka Examinations Authority

- 41 -

In W.P.No.30515/2024

1. The petitioner was allotted G R Medical College, respondent No.4, by the Karnataka Examinations Authority to study MBBS Course under the Management Quota for the Academic Year- 2021-22. The NMC directed the said college to be closed down for want of infrastructure and other facilities as well as the admissions made illegally (allegedly). The similarly situated students (150) whose admissions were cancelled had approached this Court by filing the petitions and this Court directed the State Government/KEA to accommodate these 150 students in different Medical Colleges/Institutions, over and above, their sanctioned intake of the students to save the career of the students earlier admitted in G.R.Medical College. The petitioner had paid fee of Rs.20,80,000/- in G R Medical College for pursuing her second year of MBBS Course and thereafter she was transferred to KIMS/Respondent No.6 where also she was made to pay fees for studying second year course. The prayer in this writ petition is that the G R Medical college and the Government Authorities be directed to refund the fee of Rs.20,80,000/- paid by the petitioner in the G R Medical

- 42 -

College for the second year of MBBS Course from the said college.

2. Mr. Sudev Hegde, learned Additional Government Advocate does not dispute the fact that the G R Medical College was liable to refund the fee that was taken from the petitioner for the second year MBBS Course, in the event of the said college having been closed down.

3. We, therefore of the view that the writ petition be disposed of with the following directions:

i. The Government Authorities/Directorate of Medical Education are directed to get back the fee from the G R Medical College of Rs.20,80,000/- and pay the same to the petitioner inasmuch as she has paid the said amount to the respondent No.6 - KIMS where she was transferred to pursue her further studies.

ii. The Directorate of Medical Education should do the needful within a period of eight weeks from today.

- 43 -

iv. The petitioner is directed to furnish the requisite receipt of payment of fee in G R Medical College before the Directorate of Medical Education for taking necessary steps for recovery of the fee from the G R Medical College.

v. The Directorate of Medical Education shall also verify whether the petitioner has actually paid the fee of Rs.20,80,000/- to the respondent No.4- College.

4. With these observations, the writ petition is

disposed of.

5. Pending I.As. if any, shall also stand disposed of.

In W.P.Nos.10871/2024; 11329/2024; 11334/2024; 11740/2024; 15703/2024; 30314/2024; 31820/2024 and 34035/2024

(Common order)

1. The petitioners in this batch of the writ petitions are the students who were allotted G R Medical College to pursue MBBS Course for the Academic Year - 2022-23 under the Management Quota by the Karnataka Examination Authority.

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2. The NMC found that the allotment of the students to the said college on admissions of the students were is illegal and directed for cancellation of the admissions of the students in the G R Medical College for the Academic Session - 2022-23.

3. The NMC withdrew its recognition to the said college and as a result, the said college came to be closed down. The students of G R Medical College approached this Court by filing various writ petitions and the Division Bench of this Court directed the KEA to accommodate 150 students admitted by the G. R. Medical College for MBBS Course for the academic year 2022-23 in different private colleges. As a result of the said direction issued by this Court, these students have been accommodated in different medical colleges and they are pursuing their studies in the respective medical colleges.

4. Now, the question involved in these petitions is payment of fee demanded by the private colleges where the students of G. R. Medical College have been accommodated. The colleges are demanding the fee as prescribed by the Directorate of Medical Education under the Management Quota.

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However, the students submit that they were admitted in the G.R. Medical College as per the fee prescribed by the KEA.

5. On behalf of the petitioners - students it has been submitted that they are not liable to pay the excess fee to the private medical colleges where they have been accommodated in pursuance of closing down the college. We have put it to the respective colleges who are before us for the concession in the fee demanded by them. The colleges have left to the discretion of the Court to fix the fee, which may be reasonable and justified.

6. It appears that the colleges are demanding Rs.27,00,000/- for the second academic year and onwards. We deem it fit to limit the demand of the private colleges to

Rs.20,00,000/- for the second, third and fourth academic year. We therefore direct the petitioners - students to pay the variance fee to the respective colleges at Rs.20,00,000/- each year for the second year to fourth year.

7 . With the aforesaid directions, we dispose of the writ petitions.

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Pendings I.As., if any, shall stand disposed of.

Sd/-

(D K SINGH)

JUDGE

Sd/-

(VENKATESH NAIK T)

JUDGE

RKA

List No.: 1 Sl No.: 16

MS. CHALA VARDHAN v. UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Petitioners' Arguments

Respondents' Arguments and Positions

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

MS. CHALA VARDHAN v. UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE

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