Petitioner challenged fee payment rules via writ petition under Articles 226/227 seeking direction to appear for MBBS exam. Court dismissed petition as untenable since petitioner already completed the exam pursuant to a prior order, and fee recovery dispute is pending in civil court.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 4219 OF 2021 (EDN-EX)
BETWEEN:
AMRUTHRAJ, S/O YATHIRAJ, AGED ABOUT 24 YEARS, R/AT NO.9, SUMUKHA MANASI NAGAR, MYSORE - 570 011.
…PETITIONER
(BY SMT. JYOTHI S K., ADVOCATE FOR SRI. G S PRASANNA KUMAR., ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka
WP No. 4219 of 2021
BENGALURU - 560 041.
…RESPONDENTS
(BY SRI. SHARATH GOWDA G B., ADVOCATE FOR R1 & R2; SRI. GIRISH KUMAR R., ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER THE ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PERMIT THE PETITIONER TO PAY THE TERM FEE AND EXAMINATION FEE AND FURTHER PERMIT THE PETITIONER TO APPEAR FOR THE MBBS EXAMINATION AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This captioned writ petition is filed seeking following reliefs:
WP No. 4219 of 2021
Accordingly, the writ petition is dismissed.
Sd/JUDGE
2 issues framed by the court
Whether the writ petition seeking direction to pay fees and appear for MBBS examination deserves to be entertained when the petitioner had already conducted the exam.
Whether resolution of fee recovery via civil suit defeats the maintainability of the present writ petition.
1 provisions across 1 enactments
AMRUTHRAJ, S/O YATHIRAJ
THE PRINCIPAL, KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCE
ADMINISTRATOR, RAJYA VOKKALIGARA SANGHA
THE REGISTRAR (EVC), RAJIVGANDHI UNIVERSITY OF HEALTH SCIENCES
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
