- Bookmark
- Share
- CaseIQ
MS. CHALA VARDHAN v. UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE
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.
- 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 11TH 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, 1STFLOOR, 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, 1STCROSS 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, 18THCROSS 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
30THMAIN 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 5THRESPONDENT-DIRECTOR, MEDICAL EDUCATION AND THE 6THRESPONDENT-KEA TO
DIRECT THE RECIPIENT CHANGES TO ACCEPT THE FEE PAID
TO THE 8THRESPONDENT COLLEGE FAILING WHICH ALLOT
THE SEATS IN THE GOVERNMENT MEDICAL COLLEGES TO
ENABLE THE PETITIONERS TO BE ADMITTED TO THE 2NDYEAR
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 -
1STCROSS, 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, 1STCROSS,
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,
1STYEAR MBBS STUDENT,
R/O NO.104, CHANDHANA APPARTMENT, 15THCROSS, 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, 1STFLOOR,
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, 18THCROSS MALLESHWARAM,
BENGALURU - 560012.
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4THT 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 18THDEPOT,
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 3RDBLOCK, 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, 30THMILE, 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 6TH
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 6THRESPONDENT 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
3RDYEAR 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
3RDYEAR 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
2NDYEAR 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 -
2NDYEAR 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
2NDYEAR 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
1STYEAR 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, 30THMILE, 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, 1STFLOOR, 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
18THCROSS, MALLESHWARAM
BANGALORE-560012
REPRESENTED BY ITS EXECUTIVE DIRECTOR
7. RAJIV GANDHI UNIVERSTIY OF HEALTH SCIENCES
4THT 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, 30THMILE
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, 2NDCROSS, 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, 1STFLOOR, 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, 18THCROSS, 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
2NDYEAR 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, 1STFLOOR,
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, 18THCROSS,
MALLESHWARAM,
BENGALURU 560012
REPRESENTED BY ITS EXECUTIVE DIRECTOR
5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4THBLOCK, 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,
2NDYEAR 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, 1STFLOOR,
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,
4TH'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,
2NDYEAR MBBS STUDENT (21M8314),
KEMPEGOWDA INSTITUTE OF
MEDICAL SCIENCES (KIMS),
BANASHANKARI 2NDSTAGE,
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,
1STFLOOR, FORT, K.R.ROAD,
BENGALURU-560002
REPRESENTED BY ITS DIRECTOR
3. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
4TH'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
- 33 -
5. FEE REULATORY COMMITTEE,
KEA BUILDING, 2NDFLOOR,
18THCROSS, SAMPIGE ROAD,
MALLESHWARAM, BENGALURU-560012
6. THE KEMPEGOWDA INSTITUTE OF
MEDICAL SCIENCES,
BANASHANKARI 2NDSTAGE,
BENGALURU-560070
7. STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND FAMILY WELFARE,
105, 1STFLOOR, SECRETARIAT BUILDING,
VIKASA SOUDHA, BENGALURU-560001
REPRESENTED BY ITS SECRETARY
8.
KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18THCROSS,
MALLESHWARAM, BENGALURU-560012
REPRESENTED BY ITS EXECUTIVE DIRECTOR
9. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
4THT 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 4THRESPONDENT
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 2NDYEAR 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.
- 34 -
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, 1STFLOOR,
VIKASA SOUDHA, BENGALURU - 560001
REPRESENTED BY ITS SECRETARY
2. KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18THCROSS,
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
- 35 -
REPRESENTED BY ITS DIRECTOR
5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4THBLOCK, 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
- 36 -
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, 1STFLOOR,
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, 18THCROSS,
MALLESHARAM, BENGALURU-560 012
- 37 -
REPRESENTED BY ITS
EXECUTIVE DIRECTOR
6. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4THT 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 1STYEAR
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
1
Union of India
2
National Medical Commission
3
Karnataka Examinations Authority
4
Rajiv Gandhi University of Health Sciences Kempegowda Institute of Medical Sciences
5
- 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
6
- 40 -
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
7
- 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.
- 44 -
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.
- 45 -
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
7 . With the aforesaid directions, we dispose of the writ petitions.
- 46 -
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
Alert