Allowed

T.M.A.E. Societys Ayurvedic Medical College and Hospital v. Rajiv Gandhi University of Health Sciences

Karnataka HC6 Jun 2022WP/3844/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka approved a medical college student's BAMS course admission after the affiliated university agreed to regularize the admission upon receipt of a penalty payment from the college for missed upload deadlines, directing declaration of results if interim exams were held.

What did the court decide?

College to pay Rs.5,000 penalty; University to approve admission upon payment and declare exam result if applicable.

T.M.A.E. Societys Ayurvedic Medical College and… — Education and Admissions | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JUNE 2022

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BEFORE

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THE HON’BLE MR. JUSTICE M.I.ARUN

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WRIT PETITION NO.3844 OF 2022 (EDN-EX)

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BETWEEN:

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T.M.A.E. SOCIETY’S AYURVEDIC MEDICAL COLLEGE AND HOSPITAL DHANVANTHARI CAMPUS HALEJEDIKATTE, NIDIGE POST SHIMOGA-577 222 REP. BY ITS ADMINISTRATOR SHRI G.HIREMATH, AGED MAJOR

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MS.PRIYANKA S.K. D/O KARIYANNA, AGED 19 YEARS STUDENTS OF T.M.A.E. SOCIETY’S AYURVEDIC MEDICAL COLLEGE AND HOSPITAL DHANVANTHARI CAMPUS HALEJEDIKATTE, NIDIGE POST SHIMOGA-577 222 ... PETITIONERS

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(BY SRI.ABHISHEK MALIPATIL, ADV.)

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AND:

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH T BLOCK, JAYANAGAR, BENGALURU 560 041 REP. BY ITS VICE CHANCELLOR

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THE REGISTRAR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH ‘T’ BLOCK, JAYANAGAR, BENGALURU 560 041 ... RESPONDENTS

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(BY SRI.HARISH GANAPATHY, ADV.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 AND 2 TO APPROVE THE ADMISSION OF PETITIONER NO.2 ADMITTED TO THE BAMS COURSE FOR THE ACADEMIC YEAR 2020-21 AT THE PETITIONER INSTITUTION AND DECLARE THAT P-2 IS ENTITLED TO CONTINUE IN THE COURSE OF STUDY WITHOUT INTERRUPTION.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Petitioner No.2 has been admitted to the course of BAMS for the academic year 2020-21 by petitioner No.1 – institution which is affiliated to the respondent – University. It is submitted on behalf of the petitioners that petitioner No.2 is eligible for such admission and is within intake capacity of petitioner No.1 – institution. Petitioner No.1 – institution having admitted petitioner No.2 was required to send the necessary details about her to the respondent – University by uploading the same in the computer on or before 31.03.2021. However, for reasons beyond their control, they were not in a position to send her name. Hence, her admission has not been approved by respondent – University. Hence, the instant writ petition is filed with a prayer to issue a writ of mandamus directing respondents to

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approve the admission of petitioner No.2 for BAMS course for the academic year 2020-2021.

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Learned counsel for the respondents submits that he

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do not dispute the affiliation of petitioner No.1 to the respondent – University but states that the admission of petitioner No.2 can be approved only upon verification of documents submitted by petitioner No.1 – institution in respect of her eligibility.

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Both the counsel for the petitioners and the respondents submit that under similar circumstances in W.P.Nos.41460-41464/2014 and W.P.Nos.41503-

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41504/2014 dated 26.02.2015, this Court had allowed the writ petitions approving the admissions of similarly placed students subject to verification of their eligibility and the institution paying a fine of Rs.5,000/- per student to the respondent – University. There is no reason why the order passed in the said writ petitions should not enure to the benefit of petitioner No.2 herein.

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Learned counsel for the respondents has no objection

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to pass similar order.

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Hence, the following:

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ORDER

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(i) Petitioner No.1 – College is directed to pay respondent No.1 – University a sum of Rs.5,000/- per student in respect of petitioner No.2 towards approval of her admission for the academic year 2020-2021 forthwith.

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(ii) Upon receipt of the said payment, respondent No.1 shall consider the case of petitioner No.2 in accordance with law and approve her admission, if she is otherwise eligible to get admitted to BAMS course.

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(iii) Petitioner No.2, if, has already appeared in the examination of BAMS course pursuant to interim order granted by this Court or otherwise, the respondents are directed to declare her result.

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(iv) Accordingly, the writ petition is disposed of .

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hkh.

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Sd/JUDGE

T.M.A.E. Societys Ayurvedic Medical College and Hospital v. Rajiv Gandhi University of Health Sciences

Case brief

What is this about?

What did the court decide?

T.M.A.E. Societys Ayurvedic Medical College and Hospital v. Rajiv Gandhi University of Health Sciences

Case brief

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What did the court decide?

What the court decided

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