Dismissed

Sneha Chandran v. Vydehi Institute of Medical Sciences and Research Centre

Karnataka HC23 Feb 2024WP/22193/2023

Case brief

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What is this about?

A petitioner sought directions for installment fee payment and attendance compensation for an MBBS course. The college had already permitted installment payment within 60 days, leading the court to dismiss the writ petition after accepting the petitioner's undertaking.

What did the court decide?

Petitioner to pay balance Rs.5,00,000 within 60 days; writ petition disposed of as grievance redressed.

Sneha Chandran Vs Vydehi Institute of Medical… — Education and Admissions | Karnataka HC (2024)

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NC: 2024:KHC:7630 WP No. 22193 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2024 BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO.22193 OF 2023 (EDN-RES)

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BETWEEN:

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SNEHA CHANDRAN, D/O RAMACHANDRAN T., AGED ABOUT 24 YEARS, R/AT NO.59, 4^TH CROSS, BALAJI STREET, RAMAMURTHY NAGAR, BANGALORE - 560 016.

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…PETITIONER

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(BY SRI PRADEEP PATIL, ADVOCATE)

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AND:

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VYDEHI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, NO.82, E.P.I.P AREA, WHITEFIELD, BENGALURU - 560 066. REP BY ITS PRINCIPAL.

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…RESPONDENT

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(BY SMT. CHANDRAKALA R., ADVOCATE FOR SRI NARAYAN KUMAR V., ADVOCATE)

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Digitally signed by GURURAJ D Location: High Court of Karnataka

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTION TO THE RESPONDENT TO GRANT ADDITIONAL TIME PERIOD OF 16 WEEKS TO PAY THE PRESCRIBED TUITION FEE BALANCE PAYABLE FOR THE 4^TH YEAR MBBS COURSE SOMETIME TO THE RESPONDENT COLLEGE AND DIRECT THE RESPONDENT COLLEGE TO COMPENSATE THE ATTENDANCE OF THE PETITIONER TO ATTAIN ELIGIBILITY TO APPEAR FOR THE UNIVERSITY EXAMINATIONS AND ETC.

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

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ORDER

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This writ petition is filed seeking for following reliefs:

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(a) Issue a writ order or direction in the nature of mandamus to the respondent to Grant Additional time period of 16 weeks to pay the prescribed tuition fee balance payable for the 4^th year MBBS Course sometime to the respondent College.

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NC: 2024:KHC:7630 WP No. 22193 of 2023

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(b) Issue a writ, order or direction in the nature of mandamus to direct the respondent college to compensate the attendance of the petitioner to attain eligibility to appear for the University examinations and etc.

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Sri Pradeep Patil, learned counsel for petitioner submitted that petitioner was a student of IV year MBBS Course at respondent-College affiliated to Rajiv Gandhi University of Health Sciences. It was submitted that for said Course, petitioner had paid fee and tuition fee etc., for I to III years, but for IV year, petitioner was required to pay sum of Rs.10,00,000/- towards tuition fee and Rs.1,75,000/- towards hostel fee. It was submitted that petitioner had paid amount towards hostel fee. But insofar as tuition fee, due to financial constraints. petitioner had sought for paying same in installments. It was submitted that respondent had failed to consider said request, constraining petitioner to approach this Court.

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It was submitted that under similar circumstances, in case of a student admitted under NRI quota, High Court of Kerala in case of Jezza Asharaf and Ors. v/s State of Kerala and Ors. , in W.P (C) no.8668/2022 (disposed of on 30.03.2022) had permitted payment of fees in installments. It was submitted that petitioner had offered to pay Rs.5,00,000/-

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NC: 2024:KHC:7630 WP No. 22193 of 2023

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in first installments and offer bond/indemnity for remaining amount. Therefore, sought for allowing writ petition.

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On other hand, Smt.Chandrakala R., learned

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counsel appearing for Sri Narayan Kumar V., advocate for respondent submitted that petitioner had paid a sum of Rs.5,00,000/- to respondent-Institution on 22.02.2024 and offered undertaking to pay remaining amount of Rs.5,00,000/within 60 days. It was submitted that respondent would have no objection for same and if petitioner fails to pay balance amount it would retain petitioner's documents till payment.

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In reply, learned counsel for petitioner submitted that petitioner had filed an affidavit undertaking to pay balance amount within 60 days and would submit a copy of said affidavit to respondent-Institution also. It was submitted that on ground of non-payment of fees, respondent was likely not to permit petitioner to appear for ensuing examinations and therefore sought directions.

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Heard learned counsel and perused writ petition

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record.

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Without adjudicating on right to pay fees in installments, since grievance of petitioner that his request for

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NC: 2024:KHC:7630 WP No. 22193 of 2023

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payment of fees for IV year MBBS Course in installments was

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not being considered has since been redressed by respondent permitting petitioner to pay it in two installments and clear balance within 60 days from today.

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Thus, accepting affidavit undertaking of petitioner on record and taking note of submission of learned counsel for respondent, writ petition stands disposed of. Petitioner shall pay balance amount of Rs.5,00,000/- towards tuition fee to respondent within 60 days from today.

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It is clarified that non-payment of balance of fee, shall not come in way of petitioner appearing for ensuing examinations commencing from 26.02.2024.

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Sd/JUDGE

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GRD

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List No.: 1 Sl No.: 21

Sneha Chandran v. Vydehi Institute of Medical Sciences and Research Centre

Case brief

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Sneha Chandran v. Vydehi Institute of Medical Sciences and Research Centre

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