A two-judge bench dismissed a writ petition filed by a medical student seeking approval of his admission, holding that filing repeated petitions on the same subject matter after previous dismissals constituted an abuse of process of law.
Nothing granted. Writ petitions dismissed due to abuse of process of law.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.13305 OF 2020 (EDN-MED-ADM)
BETWEEN:
DR.HIMANSHU DWIVEDI S/O OM PRAKASH DWIVEDI AGED ABOUT 29 YEARS
PERMANENT ADDRESS: S-8/109, R.D.KHAJURI M.A.ROAD, NEAR INCOME TAX OFFICE VARANASI-221 002 UTTAR PRADESH.
…PETITIONER
AND:
2
… RESPONDENTS
(BY SRI.N.KHETTY, ADVOCATE FOR R1; SRI.NISHANTH A.V., ADVOCATE FOR R2; SRI.N.K.RAMESH, ADVOCATE FOR R3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 08.11.2017 VIDE ANNEXURE-X AND 16.01.2019 OF R-1 ANNEXURE-JJ COMMUNICATION DATED 17.03.2017 ISSUED BY THE R-3 VIDE ANNEXURE-R AND OFFICE MEMO DATED 27.07.2017 VIDE ANNEXURE-S AND 23.1.2019 (DISCHARGE LETTER) VIDE ANNEXURE-KK ISSUED BY THE R-2/COLLEGE INTER ALIA BY PLACING ON RECORD COGENT EVIDENCE (WHICH HAVE NOW COME IN THE POSSESSION OF THE PETITIONER) TO SHOW AND PROVE THAT PETITIONER WAS ADMITTED IN NRI/MANAGEMENT QUOTA UNDER WHICH THERE WEAS NO REQUIREMENT OF SUBMISSION OF RANK CARD (WHICH WAS THE SOLE BASIS OF DISMISSAL OF W.P.NO.1636/2018) AND ALSO THAT R- 2/COLLEGE HAD ACTED ILLEGALLY/NEGLIGENT AND ARBITRARILY IN CONVERTING THE ADMISSION OF PETITIONER FORM NRI QUOTA TO MANAGEMENT QUOTA/CATEGORY FOR THEIR WRONGFUL AND ILLEGAL GAIN
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AND AT THE SAME TIME RUINING AND SPOILING THE LIFE AND CAREER OR PETITIONER BY FORWARDING WRONG AND INCORRECT INFORMATION RELATED TO PETITIONER TO R-1 AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ALOK ARADHE J., MADE THE FOLLOWING:
ORDER
This writ petition has been filed by the petitioner seeking the following reliefs:
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Card"(which was the sole basis of dismissal of W.P.No.1636/2018) and also that Respondent No.2/College had acted illegally/negligently and arbitrarily in converting the admission of Petitioner from NRI Quota to Management Quota/Category for their and illegal gain and at the same time ruining and spoiling the life and career of Petitioner by forwarding wrong and incorrect information related to petitioner to Respondent No.1. And/or
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therefore Petitioner case can be reconsider for admission to MS Ortho and continue / pursue his remaining course under the NRI Quota for academic year 2016-17 in view of terms of Consensual agreement.
length. From a perusal of the record, it is evident that the petitioner had filed writ petition, viz., W.P.No.1636/2018 in which inter alia a direction was sought to Medical Council of India as well as Rajiv Gandhi University of Health Sciences to approve the admission of the petitioner in respect of Post Graduate Medical Seat on M.S. Orthopedics for the academic year 2016-2017. Admittedly, the aforesaid writ petition was dismissed by a Division Bench of this Court vide judgment
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dated 09.03.2018 which is reproduced below for the facility of reference:
18. For the reasons stated, it is held that the second and third respondents have rightly refused to approve the petitioner's admission with the first respondent for the Post Graduation in MS Orthopedics for the Academic Year 2016-17 as the petitioner did not qualify in the entrance examination and failed to submit 'Rank Card', and the petition is therefore rejected.
It is also not in dispute that the aforesaid order passed by the Division Bench of this Court was challenged in Special Leave Petition No.9133/2018 before the Hon'ble Supreme Court. And the same was dismissed by order dated 16.04.2018.
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03.09.2018. The aforesaid writ petition was dismissed. The relevant portion of the order reads as under:
"Learned counsel for respondent No.2 submitted that the prayer in the writ petition has become infructuous.
The submission of the learned counsel is placed on record.
In view of the submission made by the learned counsel, the writ petition is dismissed as having become infructuous."
action of the petitioner in filing repeated writ petitions with regard to the same subject matter clearly amounts to abuse of process of law and same cannot be countenanced.
The writ petition is, therefore dismissed.
Sd/JUDGE
Sd/JUDGE
2 issues framed by the court
Whether the High Court should entertain a third writ petition on the same subject matter disturbing the petitioner after previous petitions were dismissed.
Whether repeated litigation amounts to abuse of process of law.
4 provisions across 2 enactments
Dr. Himanshu Dwivedi
National Medical Commission
Kempegowda Institute of Medical Sciences
Rajiv Gandhi University of Health Sciences
Alok Aradhe
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
