Allowed

Tahira Sheroon v. Kempegowda Institute of Medical Sciences

Karnataka HC17 Jan 2023WP/1015/2023

Case brief

AI extract

What is this about?

Petitioner sought writ to direct medical college to accept exam fee for MBBS finals. Pending civil suit over development fees did not absolve college's duty. Court ordered fee acceptance and exam conduct while reserving merits for civil court.

What did the court decide?

Writ of Mandamus directed respondents to accept examination fee, permit exams from 23.01.2023, and issue hall tickets by 20.01.2023.

Tahira Sheroon Vs Kempegowda Institute of Medical… — Education and Admissions | Karnataka HC (2023)

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WP No. 1015 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.1015 OF 2023 (EDN-RES)

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BETWEEN:

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TAHIRA SHEROON D/O.A.S.ABDUL AZEEZ AGED ABOUT 26 YEARS R/AT NO. 25, 4^TH MAIN 2^ND CROSS BANNIMANTAP LAYOUT MYSURU-570 015

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…PETITIONER

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(BY SRI. S.V.PRAKASH.,ADVOCATE)

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AND:

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KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES BANASHANKARI 2^ND STAGE, BENGALURU-560 070

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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RAJYA VOKKALIGA SANGHA (R) HAVING ITS REGISTERED OFFICE AT NO.148, KRISHNARAJENDRA ROAD VISHWESHWARAPURA, BENGALURU-560 004, REPRESENTED BY ITS SECRETARY.

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WP No. 1015 of 2023

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4^TH T BLOCK, EAST JAYANAGAR BENGALURU-560 041, REPRESENTED BY ITS REGISTRAR (EVALUATION)

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…RESPONDENTS

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(BY SRI.KESHAVA MURTHY,ADVOCATE FOR R-1 & R-2; SRI B.S.SACHIN, ADVOCATE FOR R-3)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPRORIATE WRIT OR ORDER OF MANDAMUS COMMANDING THE RESPONDENTS 1 AND RESPONDENTS 2 TO ACCEPT THE EXAMINATION FEE TENDERED BY THE PETITIONER RELATING TO THE FINAL YEAR MBBS I.E. FOUTH YEAR MBBS OF THE PETITIONER PHASE-III PART-II MBBS (RS3) FURTHER ALLOW THE PETITIONER TO WRITE THE EXAMINATION SCHEDULE TO BE HELD FROM 23.01.2023 UPTO 06.02.2023 AND THEREAFTER ANNOUNCE THE RESULT OF THE PETITIONER AND ALSO DIRECT THEM TO ALLOW THE PETITIONER TO COMPLETE THE INTERNSHIP AND AFTER SUCCESSFUL COMPLETION OF INTERNSHIP TO ISSUE THE CERTIFICATE FOR COMPLETION OF INTERNSHIP AND THE MBBS BY ISSUING DEGREE CERTIFICATE AND OTHER SUCH DOCUMENT.AWARD

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 1015 of 2023

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ORDER

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. Heard learned counsel for petitioner as well as learned counsel for respondent Nos.1 and 2 and also respondent No.3 - University.

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Petitioner submits that respondent No.1 –

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Kempegowda Institute of Medical Sciences, was established by respondent No.2 and is affiliated to respondent No.3 – University. The petitioner was admitted to the respondent No.1 – Medical College for MBBS Course during the academic year 2016-17 and the same was management quota seat. She continued to pay tuition fee and other required fee as and when asked by the respondent No.1 – College from time to time. It is also contended by the petitioner that she is not in arrears of any tuition fee or any other fees to the respondent No.1 – College.

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Pursuant to payment of tuition fee petitioner was allowed to take first and second year MBBS course without any hindrance. However, in the year 2020 respondent No.1 – College started raising the issue that petitioner has not made good the management quota fee, which was promised to be paid by her towards developmental activity. Accordingly, the

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WP No. 1015 of 2023

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respondent No.1 – College preferred Original Suit in O.S. No.3341/2020 to realise the development activity fee and the said suit is pending adjudication before the City Civil Court at Bangalore.

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Petitioner was not allowed to write the 3^rd year MBBS examinations. In view of the above, the petitioner left with no other option approached this Court by filing a writ petition in W.P. No.11419/2020 and by way of the interim order this Court allowed the petitioner to writ the said examinations and result also came to be announced by virtue of the order passed by this Court.

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Thereafter, again petitioner was directed to pay fine

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once again and this forced the petitioner to file another writ petition in W.P. No.5378/2021, in which case she was permitted to writ 3^rd year examination and her results came to be announced by virtue of an interim order. Since the petitioner was permitted to write examination and her result were announced, the said writ petition rendered itself futile and came to be dismissed as having become infructuous.

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WP No. 1015 of 2023

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It is stated by the petitioner that the same situation

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arose during the month of March 2021 and she was forced approach this Court again by filing another writ petition in W.P. No.11916/2022 seeking the respondents to announce the results of the examination taken by her for 4^th year MBBS Phase-III Part-II (RS3), which also came to be allowed by the order dated 23.08.2022 and her results came to be announced.

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It is the case of the petitioner that she has completed the course of four years of MBBS, but she is yet to complete two subjects and examination of which is scheduled in the month of January 2023. Petitioner is stated to have paid the examination fee for taking examination of backlog subjects, but respondents refused to accept it in the usual course for non-payment of Management Quota fee as agreed and undertaken by the petitioner. Petitioner paid Rs.2,99,250/- on 07.01.2023 which is stated to be accepted by the respondent – College.

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It is the case of the petitioner that the examination fee is not accepted on the ground of non-payment of development charges of management quota fee of Rs.50 lakhs.

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WP No. 1015 of 2023

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The said action of the respondent – college in not accepting the examination fee pursuant to accepting tuition fee is challenged on the ground of principles of natural justice and the Regulations governing to University, ie., respondent No.3. Therefore, petitioner is before this Court seeking for a writ of mandamus against the respondents for issuance of acceptance of the examination fee of the petitioner for the 4^th year MBBS Course Phase-III Part-II (RS3) and allow the petitioner to write examination scheduled during January 2023 till 6^th February 2023.

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Per contra, learned counsel for respondent – College vehemently opposes the contention putforth by the learned counsel for petitioner, mainly, on the ground that petitioner has violated terms and conditions and undertaking and also the promise made by way of an agreement put in writing to make good the management quota fee of Rs.50 lakhs for the course of MBBS, which she opted in their college. It is also the contention of the learned counsel for respondent – College that the petitioner has not paid the tuition fee as alleged in the writ petition and no document is forthcoming to

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WP No. 1015 of 2023

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show that said fees are paid. He disputes the averments made in the writ petition.

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But the fact remains that the petitioner completed four years of her MBBS studies in very same college of the respondent and having completed each year has moved ahead to take up the next Academic year in completing the entire course of four years of MBBS by paying the tuition as well as the examination fee, so also the petitioner has completed four years of her course. The only reason the petitioner is before this Court now is in view of the backlog of two subjects of fourth year Phase III of MBBS (RS3), namely Surgery, Obstetrics & Gynecology.

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Hence, the petitioner approached this Court for necessary relief to direct the respondents to accept fee and permit her to take examination and for other reliefs.

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As per the Notification issued on 28^th September, 2022 by the respondent No.3-University, the payment of fee schedule and timetable for conduct of the MBBS Examination January 2023 begin from 23^rd January, 2023. The payment of examination fee by the students begins on 16^th December,

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WP No. 1015 of 2023

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2022 and thereafter, with payment of fine is till 16^th January, 2023.

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The last date of payment of fee by the College to the university with fine is 17^th January, 2023. The last date for submission of filled up applications form by the college to the University is 18^th January, 2023 and as stated earlier the examinations are scheduled to commence from 23^rd January, 2023.

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Therefore, the examination has not yet commenced and last date of payment of fine though is over, the respondent No.1-college is not accepting fee of the petitioners, same requires to be ordered to be accepted and thereafter the same to be remitted to the University for issuance of necessary Hall Ticket/Admission Ticket to write examination.

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The contentions of the respondents with regard to non-payment of the management quota development activity fee of Rs.50 lakhs is not adverted to by this Court and no opinion or observation is made by this Court with regard to the merits and demerits of the said contentions and the veracity of the documents said to be executed by the petitioner.

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WP No. 1015 of 2023

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Since, the same is the subject matter of the civil dispute pending adjudication, it is open to the Civil Court and respondents herein to agitate the claim for recovery of the said amount if the same is valid and is entitled to as per law. So also, with regard to any payment of fee which is not tendered by the petitioner.

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However, be that as it may that by itself would not absolve the liability and responsibility of the college and the university in not accepting the tuition and examination fee and denying for issuing the necessary Hall Ticket/Admission Ticket to write the ensuing exam to be conducted on 23.01.2023.

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In view of the above discussion, I pass the

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following:

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ORDER

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i) Writ of mandamus is issued directing the respondents 1 to 3 to accept examination fee tendered by the petitioner relating to final year MBBS i.e. fourth year MBBS Phase-III Part-II (RS3) and thereafter, allow the petitioners to write the examinations scheduled to be held from 23.01.2023 to 16.02.2023 by issuing

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WP No. 1015 of 2023

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necessary Hall ticket/Admission ticket to the petitioners;

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ii) Petitioner shall pay late fee with penalty/fine to the respondent-college and if paid, the same shall be accepted by the respondent-college by 18.01.2023, consequently, the respondent No.1 shall forward the same to the respondent No.3-University by 19.01.2023, post which, respondent No.3-University shall issue necessary Hall ticket/Admission ticket to the petitioner by 20.01.2023;

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iii) It is made clear that this court has not expressed any opinion with regard to allegations made in the suit preferred by the respondent-college for recovery of management quota development activities charges including Rs.50.00 lakhs and other amounts claimed in the suit;

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iv) Parties are left to agitate this matter before the Civil Court with regard to said allegations made by the respondent-College;

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WP No. 1015 of 2023

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v) All the contentions of the parties are left open to agitate the matter before the Civil Court for relief sought for therein.

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Sd/JUDGE

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VK List No.: 1 Sl No.: 88

Tahira Sheroon v. Kempegowda Institute of Medical Sciences

Case brief

What is this about?

What did the court decide?

Tahira Sheroon v. Kempegowda Institute of Medical Sciences

Case brief

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What did the court decide?

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