In consolidated writ appeals filed by various dental colleges and their first-year BDS students, the High Court of Karnataka dismissed the appeals as withdrawn upon submissions from the college counsel that relief had been granted below.
Writ appeals dismissed as withdrawn; interlocutory applications dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF SEPTEMBER 2020
PRESENT
THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA
AND
THE HON’BLE MR. JUSTICE RAVI V. HOSMANI
W.A.NO. 2005 OF 2015 (EDN-EX) C/W
W.A.NO.2009 OF 2015(EDN-EX), W.A.NO.2034 OF 2015(EDN-AD), W.A.NO.2049 OF 2015(EDN-AD), W.A.NO.2056 OF 2015(EDN-AD), W.A.NO.2060 OF 2015(EDN-AD), W.A.NO.2070 OF 2015(EDN-AD), W.A.NO.2080 OF 2015(EDN-AD), W.A.NO.2107 OF 2015(EDN-AD), W.A.NO.2119 OF 2015(EDN-AD)
IN W.A.NO. 2005 OF 2015 (EDN-EX)
BETWEEN
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[APPELLANTS NO.2 TO 4 ARE ALL STUDENTS OF 1ST YEAR BDS COURSE AT K.V.G. DENTAL COLLEGE & HOSPITAL, KURUNJIBAG – 574 327. SULLIYA, DAKSHINA KANNADA] …..APPELLANTS
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE) (THROUGH VIDEO CONFERENCE)
AND:
1 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, MEDICAL EDUCATION, MINISTRY OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA; BANGALORE-560 001.
REP BY ITS REGISTRAR. …RESPONDENTS
(BY SRI.JEEVAN J. NEERALGI, AGA FOR R1; SRI. N.K. RAMESH, ADVOCATE FOR R2) (THROUGH VIDEO CONFERENCE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT 1961 PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NOS.27342-345/15 DATED 2/07/2015.
IN W.A.NO. 2009 OF 2015 (EDN-EX)
BETWEEN
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BANGALORE-560 083. REP BY ITS PRINCIPAL, DR.UMA DINESH K.S. AGED ABOUT 45 YEARS.
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE) (THROUGH VIDEO CONFERENCE) AND
1 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY;
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MEDICAL EDUCATION; MINISTRY OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA; BANGALORE-560 001.
2 . RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH 'T' BLOCK, JAYANAGAR, BANGALORE-560 041. REP BY ITS REGISTRAR. …RESPONDENTS
(BY SRI. JEEVAN J. NEERALGI, AGA FOR R1;
(THROUGH VIDEO CONFERENCE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT 1961 PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO. 27348-27354/2015 DATED 02/07/2015.
IN W.A. NO.2034 OF 2015 (EDN-AD)
BETWEEN
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APPELLANTS NO.2,4,5 AND 7 ARE RESIDING AT BOYS HOSTEL, D.K.PLANTATION, BEML NAGAR POST, KOLAR GOLD FIELDS – 563 115.
APPELLANTS NO.1,3,6,8 AND 9 ARE RESIDING AT GIRLS HOSTEL, D.K.PLANTATION, BEML NAGAR POST, KOLAR GOLD FIELDS – 563 115. …APPELLANTS
(BY SRI ABHISHEK MALIPATIL, ADVOCATE) (THROUGH VIDEO CONFERENCE)
AND
1 . RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T. BLOCK, JAYANAGAR, BANGALORE – 560 078 RERPESENTED BY ITS REGISTRAR
2 . K.G.F. COLEGE OF DENTAL SCIENCES NO.36, D.K. PLANTATION BEML NAGAR, KGF-115. REPRESENTED BY ITS PRINCIPAL
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[RESPONDENTS NO.3,5,6 AND 8 ARE RESIDING AT BOYS HOSTEL, D.K.PLANTATION, BEML NAGAR POST, KOLAR GOLD FIELDS – 563 115.]
[RESPONDENTS NO.4 AND 7 ARE RESIDING AT GIRLS HOSTEL,
D.K.PLANTATION, BEML NAGAR POST, KOLAR GOLD FIELDS – 563 115.] …RESPONDENTS
(By Sri. SANTOSH S. NAGARALE, ADV FOR R1; R2- SERVED & UNREPRESENTED ; V/0 DATED 15/06/2016 NOTICE TO R3 TO R8 IS D/W) (THROUGH VIDEO CONFERENCE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT 1961 PRAYING TO SET ASIDE THE ORDER
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PASSED IN THE WRIT PETITION 28637-28651/2015 DATED 09.07.2015.
IN W.A. NO.2049 OF 2015 (EDN-AD)
BETWEEN
[APPELLANTS NO.2 TO 7 ARE STUDYING I BDS AT BAPUJI DENTAL COLLEGE & HOSPITAL, P.B. NO. 326, DAVANAGERE – 577 004] …APPELLANTS
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(BY SRI. ABHISHEK MALIPATIL, ADVOCATE) (THROUGH VIDEO CONFERENCE)
AND
1 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY; MEDICAL EDUCATION, MINISTRY OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BANGALORE-560 001.
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 28685-691/15 DATED 10.07.2015.
IN W.A.NO.2056 OF 2015 (EDN-AD)
BETWEEN
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[APPELLANTS NO.2 TO 4 ARE STUDENTS OF 1ST YEAR BDS COURSE STUDYING AT COLLEGE OF DENTAL SCIENCES, P.B. NO.327, DAVANAGERE -577004]
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE) (THROUGH VIDEO CONFERENCE)
AND :
(BY SRI. JEEVAN J. NEERALGI, AGA FOR R1; SRI.SANTOSH S. NAGARALE, ADVOCATE FOR R2) (THROUGH VIDEO CONFERENCE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.28681-28684/2015 DATED 10.07.2015.
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IN W.A.NO.2060 OF 2015(EDN-AD)
BETWEEN
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[APPELLANTS NO.2 TO 10 ARE STUDENTS STUDYING I BDS COURSE FROM A.E.C.S. MAARUTI COLLEGE OF DENTAL SCIENCES AND RESEARCH CENTRE, NO.108, HULIMAVU, TANK BUND ROAD, B.T.M. 6TH STAGE, 1ST PHASE, KAMMANAHALLI, OFF. BANNERGHATTA ROAD, BENGALURU -560 076.] …APPELLANTS
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE) (THROUGH VIDEO CONFERENCE)
AND :
(BY SRI. JEEVAN J. NEERALGI, AGA FOR R1; SRI. N.K. RAMESH, ADVOCATE FOR R2) (THROUGH VIDEO CONFERENCE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.27947-956/2015 DATED 10.07.2015.
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IN W.A.NO.2070 OF 2015(EDN-AD)
BETWEEN
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10 . MISS. SMRITHI MARVIN J. D/O JOHNSON M, AGED ABOUT 20 YEARS
APPELLANTS 2 TO 10 ARE STUDYING 1ST YEAR BDS COURSE AT M.R. AMBEDKAR DENTAL COLLEGE & HOSPITAL NO.1/36, CLINE ROAD, COOKE TOWN, BANGALORE-560 005. …APPELLANTS
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE ) (THROUGH VIDEO CONFERENCE)
AND
1 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, MEDICAL EDUCATION; MINISTRY OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BANGALORE-560001.
2 . RAJIV GANDHI UNIVERSITY OF HELATH SCIENCES, 4TH ‘T’ BLOCK, JAYANAGAR, BANGALORE-560 041. REP. BY IS REGISTRAR. …RESPONDENTS
(BY SRI. JEEVAN J. NEERALGI, AGA FOR R1; SRI. SANTOSH S. NAGARALE, ADVOCATE FOR R2) (THROUGH VIDEO CONFERENCE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT 1961 PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO. 28692-28701/2015 DATED 10.07.2015.
IN W.A.NO.2080 OF 2015 (EDN-AD)
BETWEEN
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K.R. ROAD, V.V. PURAM, BENGALURU -560 004. REP. BY ITS PRINCIPAL, DR. MANJUNATH M., S/O. B.H. MUNIRAJU, AGED ABOUT 54 YEARS, RESIDENT OF BENGALURU.
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[MEMO FOR CORRECTION FILED ON 10.07.2015 AS APPELLANT NO.11 NAME IS TYPED WRONGLY AS NIDHIL K.S. INSTEAD OF NIHAL S.]
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE) (THROUGH VIDEO CONFERENCE)
AND :
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MEDICAL EDUCATION, MINISTRY OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BENGALURU -560 001.
(BY SRI. JEEVAN J. NEERALGI, AGA FOR R1; SRI. N.K. RAMESH, ADVOCATE FOR R2; SRI. G.S. BHAT, ADVOCATE FOR R3) (THROUGH VIDEO CONFERENCE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.27771-786/2015 DATED 10.07.2015.
IN W.A.NO.2107 OF 2015 (EDN-AD)
BETWEEN
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| 8 . | MR. AKHIL MICHAEL S/O MICHAEL M.M. AGED 20 YEARS. |
|
|---|---|---|
| 9 . | MS. ANU PAUL D/O PAUL VARGHESE, AGED 19 YEARS. |
|
| 10 . | MS PRINCY RAJ R.A. D/O G. RETNA SAM RAJ, AGED 21 YEARS. |
|
| 11 . | MR MAYANGLAMBHAM ARNOLD SINGH S/O M RAJEN SINGH, AGED 20 YEARS. |
|
| 12 . | MR. DIVIN T.C. S/O THOMAS J. AGED 18 YEARS. |
|
| [APPELLANTS NO.2 TO 12 ARE STUDYING I BDS AT S.J.M. DENTAL COLLEGE & HOSPITAL, P.B. ROAD, CHITRADURGA – 577 501] |
…APPELLANTS |
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(BY SRI. ABHISHEK MALIPATIL, ADVOCATE) (THROUGH VIDEO CONFERENCE)
AND
(BY SRI. JEEVAN J. NEERALGI, AGA FOR R1; SRI. N.K. RAMESH, ADVOCATE FOR R2) (THROUGH VIDEO CONFERENCE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT 1961 PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO. 28657- 28668/2015 DATED 10.07.2015.
IN W.A.NO.2119 OF 2015 (EDN-AD)
BETWEEN
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SHARAVATHI DENTAL COLLEGE & HOSPITAL, ALKOLA, T.H ROAD, SHIMOGA - 577 204. …APPELLANTS
(BY SRI. ABHISHEK MALIPATIL, ADVOCATE) (THROUGH VIDEO CONFERENCE)
AND
1 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, MEDICAL EDUCATION, MINISTRY OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BANGALORE 560001
2 . RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH ‘T’ BLOCK, JAYANAGAR, BANGALORE – 560 041. REP BY ITS REGISTRAR. …RESPONDENTS
(BY SRI. JEEVAN J. NEERALGI, AGA FOR R1; SRI. SANTOSH S. NAGARALE, ADVOCATE FOR R2) (THROUGH VIDEO CONFERENCE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT 1961 PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO. 28655-656/15 DATED 10/07/15.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT
In these writ appeals learned counsel for
appellant-college submits that he has instructions to
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withdraw these appeals as the relief has been granted
to the appellants.
His submission is placed on record.
Writ appeals are dismissed as withdrawn.
In view of the same, interlocutory applications
are also dismissed as withdrawn.
Sd/JUDGE
Sd/JUDGE
BVK
CT:TAB
K.V.G Dental College & Hospital and others
Sri Venkateshwara Dental College & Hospital and others
State of Karnataka
Rajiv Gandhi University of Health Sciences
The Dental Council of India
B.V. Nagarathna
Ravi V. Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
