A writ petitioner, who completed MBBS, sought release of original marks cards and NOC from the institute to pursue PG. The High Court held that withholding documents to recover dues is illegal.
Respondent No.1 Institution directed to handover MBBS, PUC, and SSLC marks cards including NOC forthwith if in possession.
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.
NC: 2023:KHC:41102 WP No. 19064 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 19064 OF 2023 (EDN-RES)
BETWEEN:
AMRUTHRAJ S/O. YATHIRAJ, AGED ABOUT 25 YEARS, RESIDING AT NO. 9, SUMUKHA MANASI NAGAR, MYSORE-570 011.
…PETITIONER
(BY SRI. M. VINAYA KEERTHI, ADVOCATE FOR SRI. RAMACHANDRA REDDY B., ADVOCATE)
AND:
Digitally signed by SUNITHA GANGARAJU Location: High Court of Karnataka
KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCE, BENGALURU-560 070.
…RESPONDENTS
(BY MS. VIDYA R. GOWDA, ADVOCATE FOR SRI. SHARATH GOWDA G B., ADVOCATE FOR R2 SMT. FARAH FATHIMA, ADVOCATE FOR R3 R1 SERVED)
NC: 2023:KHC:41102 WP No. 19064 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT-A WRIT OF MANDAMUS DIRECTION THE R1 AND R2 TO RELIES THE ORIGINAL MARK CARDS AND OTHER DOCUMENTS OF THE PETITIONER AND ISSUED NOC AND NDC TO THE PETITIONER IN PURSUANCE OF REPRESENTATION DT 10/07/2023 WHICH IS MARKED AS ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner filed this writ petition seeking for mandamus directing the respondent Nos.1 and 2 to release the original marks card and other documents of the petitioner and issue NOC and NDC to the petitioner in pursuance of representation dated 10.07.2023 vide Annexure-A.
The petitioner got admission for MBBS course in respondent No.1- Institution. The respondent No.1 had denied the petitioner to take 3rd year examination. Hence,
NC: 2023:KHC:41102 WP No. 19064 of 2023
the petitioner filed W.P.No.51242/2019 and W.P.4219/2021. The said writ petitions came to be disposed of on 19.02.2020 and 25.05.2023. After completion of MBBS course, the petitioner is willing to pursue PG course for which marks card and other documents etc., are required. However, respondent Nos.1 and 2 are not issuing the original documents. Hence, the petitioner submitted a representation to respondent No.1Institution on 10.07.2023, but there is no response from them. Aggrieved by the same, the petitioner has filed this writ petition.
have withheld the original documents. Hence, this writ petition. Further, he has placed reliance of the order
passed by the Co-ordinate bench in an identical matter of this court in the case of Ms.Sanjana Harish Vs. The
Principal Kempegowda Institute of Medical Sciences passed in W.P.No.10622/2022 disposed of on 16.06.2022 and submits that this writ petition may be disposed of in terms of the order passed in the case of Ms. Sanjana Harish referred (supra). Hence, prayed to allow the writ petition.
Ms. Sanjana Harish referred (supra). Hence, on these grounds, he prays to dismiss the writ petition.
submissions made by learned counsel for the parties.
completed MBBS course. After completion of MBBS course, the petitioner requested the respondent No.1 Institution to handover the original documents. But, the respondent No.1 denied to handover the original documents. Respondent No.1 has illegally withheld the original marks card on the ground that the petitioner owe certain money to respondent No.1- Institution. If the petitioner owe any money to respondent No.1- Institution, it is always open for the respondent No.1 to initiate proceedings to recover the same in accordance with law, but withholding the marks cards for that reason is illegal.
proceed to pass the following:
ORDER
Writ petition is allowed.
Respondent No.1-Institution is directed to handover the MBBS, PUC and SSLC marks card of the petitioner including NOC, if the same are in its possession, forthwith. Liberty is reserved in favour of the respondent No.1 to
NC: 2023:KHC:41102 WP No. 19064 of 2023
initiate recovery proceedings if the petitioner owe any
money.
SD/JUDGE
sks
2 issues framed by the court
Whether the educational institution was justified in withholding original marks cards and documents to recover dues.
Whether a writ of mandamus should be issued directing the release of original marks cards and issuance of NOC/NDC.
Colour shows how this judgement treated each authority
Ms. Sanjana Harish Vs. The Principal Kempegowda Institute of Medical SciencesRelied on¶35
Ms. Sanjana Harish Vs. The Principal Kempegowda Institute of Medical Sciences, W.P.No.10622/2022
2 provisions across 1 enactments
AMRUTHRAJ S/O. YATHIRAJ
THE PRINCIPAL KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCE, BENGALURU-560 070
THE PRESIDENT RAJYA VOKKALIGARA SANGHA, BANGALORE-560 004
ASHOK S.KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
ASHOK S.KINAGI
Parties & counsel
