Dismissed

Mr.Selvendhiiran Selvam v. International Medical School Management

Karnataka HC6 Sept 2022WP/2435/2021

Case brief

AI extract

What is this about?

In a writ petition challenging various communications and termination orders regarding petitioner's academic progression at an Indian university, the High Court dismissed the petition as not maintainable, holding that orders of a foreign university were beyond its jurisdiction and communications merely indicating such decisions were not susceptible to writ jurisdiction.

What did the court decide?

Petition dismissed as not maintainable; liberty reserved for other remedies.

Mr.Selvendhiiran Selvam Vs International Medical… — Education and Admissions | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 6^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION No.2435 OF 2021 (EDN-RES)

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BETWEEN:

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MR. SELVENDHIIRAN SELVAM AGED MAJOR RESIDING AT FLAT NO.A3-1203, 12^TH FLOOR PURVA ATRIA, RMV SECOND STAGE DOLLORS COLONY, ASHWATH NAGAR BENGALURU – 560 094.

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…PETITIONER

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(BY SRI. DHANANJAY.K.V ADVOCATE)

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AND:

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INTERNATIONAL MEDICAL SCHOOL MANAGEMENT AND SCIENCE UNIVERSITY BANGALORE CAMPUS REPRESENTED BY ITS ASSOCIATE DEAN DR. SUDHA SURESH M.S.R. NAGAR, MSRIT POST BENGALURU – 560 054.

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UNIVERSITY GRANTS COMMISSION (UGC) BAHADUR SHAH ZAFAR MARG, NEW DELHI – 110 002.

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…RESPONDENTS

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(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR R-2; SRI. M.R. NAIK, SR. COUNSEL FOR SRI. SURAJ NAIK, ADVOCATE FOR R-1)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED 21^ST MAY 2020 ISSUED BY RESPONDENT PRODUCED HEREWITH AS ANNEXURE-D AT PAGE NO.32 AND ALL ACTIONS TAKEN PURSUANT THERETO WHICH CAN HAVE THE EFFECT OF CREATING HINDRANCE IN THE PETITIONER’S FUTURE AND ETC.

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²

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THIS W.P. COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP , THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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In this petition, petitioner has sought for the following

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reliefs:

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(i) Issue a writ in the nature of certiorari and / or such or other writ order or direction and quash the communication dated 21^st May 2020 issued by respondent produced herewith as Annexure-D at page No.32 and all actions taken pursuant thereto which can have the effect of creating hindrance in the petitioner’s future.

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(ii) Issue a writ in the nature of certiorari and / or such or other writ order or direction and quash the communication dated 1^st June 2020 issued by respondent produced herewith as Annexure-E at page No.33 and all actions taken pursuant thereto which can have the effect of creating hindrance in the petitioner’s future.

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(iii) Issue a writ in the nature of certiorari and / or such or other writ order or direction and quash the communication dated 5^th August 2020 issued by respondent produced herewith as Annexure-G at page Nos.41-42 and all actions taken pursuant thereto which can have the effect of creating hindrance in the petitioner’s future.

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(iv) Issue a writ in the nature of certiorari and / or such or other writ order or direction and quash the communication dated 2^nd February 2021 issued by respondent produced herewith as Annexure-M at page Nos.59-60 and all actions taken pursuant thereto which can have the effect of creating hindrance in the petitioner’s future.

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(v) Issue a writ in the nature of mandamus directing the respondents to accord promotion to the third academic year.

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(vi) Grant costs and pass such other / further orders as this Hon’ble Court deems fit in light of the facts

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³

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and circumstances of the case in the interests of justice and equity.

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2. Heard learned counsel for the petitioner and

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learned counsel for the respondents and perused the material on record.

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The material on record discloses that aggrieved by the action of non-consideration of the grievances of the petitioner by the International Medical School Management and Science University, the petitioner preferred an appeal dated 20.03.2020 before the International Medical School, Malaysia. The said appeal was considered by the said International Medical School, Malaysia and rejected vide order dated 12.05.2020 passed by the Appellate Committee of the said school situated at Malaysia. Subsequent to the dismissal of the said appeal, the order passed by the said International Medical School, Malaysia was communicated by the respondents herein to the petitioner vide Annexure – D dated 21.05.2020. So also, the dismissal of the appeal was communicated directly by the said International Medical School, Malaysia to the petitioner vide Communication dated 01.06.2020 at

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⁴

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Annexure – E. Subsequently, a further appeal was preferred by the petitioner before the University Appeal Committee of Management & Science University (MSU), which was also rejected by the said school vide Annexure – G dated 05.08.2020. The said MSU terminated the petitioner from the MBBS programme vide Annexure – M dated 02.02.2021.

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A perusal of the prayer column to the present petition will indicate that the petitioner has assailed the legality, correctness and authority of the Annexure – D dated 21.05.2020, Annexure – G dated 05.08.2020 and Annexure – M dated 02.02.2021 issued by the MSU at Malaysia, which is undisputedly beyond the jurisdiction of this Court and consequently, the question of passing any order in relation to Annexures – D, G and M by this Court does not arise. So also, Annexure – E issued on 12.05.2020 by the respondents herein, is only a communication and any communication intimating the petitioner herein about the decision taken by the Appellate Committee of International Medical School, Malaysia, is

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⁵

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also not capable of being assailed in the present petition and as such, the question of assailing / challenging the said communication in the present petition does not arise, particularly when the decision of the Appellate Committee dated 12.05.2020 has been challenged by the petitioner before the University Appeal Committee of Management & Science University (MSU) as stated supra and the same has been rejected.

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Under these circumstances, I am of the considered opinion that the present petition is not maintainable and the same is liable to be dismissed reserving liberty in favour of the petitioner to take recourse to such remedies as available in law.

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Sd/-

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Mr.Selvendhiiran Selvam v. International Medical School Management

Case brief

What is this about?

What did the court decide?

Mr.Selvendhiiran Selvam v. International Medical School Management

Case brief

What is this about?

What did the court decide?

What the court decided

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