Shankar Narayana Vs the Principal — Writ and Judicial Review | Karnataka HC (2025)

Shankar Narayana Vs the Principal — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to the respondents to hand over and return all original documents of the petitioner's son (original 10th marks card, 2nd PUC marks card, transfer certificate, conduct certificate and B.Pharmacy first and second semester marks cards) within one week from the date of receipt of a copy of the order; liberty reserved to the respondents to pursue recovery of the alleged due college/tuition fee through lawful remedies.

Issue for consideration

Whether the respondents (Vydehi Institute of Pharmacy) are required to return the petitioner's son's original documents — 10th marks card, 2nd PUC marks card, transfer certificate, conduct certificate and B.Pharmacy first and second semester marks cards — as sought in the representation dated 10.03.2025. +1 more

Court's answer

In the light of the co-ordinate Bench judgments in K.R. Divyashree (W.P.No.47380/2017) and Sushant Deshmukh (W.P.No.62299/2016), where it was held that the Pharmacy institute cannot have any lien on the documents submitted by the student, the court directed the respondents to hand over and return all the original documents of the petitioner's son within one week from receipt of a copy of the order.

Ratio / Principle

Liberty was reserved to the respondents to take recourse to such remedies as are available in law against the petitioner's son for recovery of the alleged due college/tuition fee, subject to all just exceptions and defences available to the petitioner.

Key takeaways

The court expressly did not express any opinion on, and left open, the respondents' right to continue the enquiry/action against the petitioner's son for the alleged indiscipline behaviour as well as recovery of the alleged college/tuition fee.obiter¶42

Detailed headnote1 paragraphs

Education law – Retention of students' original certificates by institution – B.Pharmacy student facing disciplinary enquiry, barred from classes and Third Semester examinations – Father's representation dated 10.03.2025 for return of original documents unanswered; documents not returned – Following co-ordinate Bench decisions in K.R. Divyashree (W.P.No.47380/2017, dt. 27.03.2018) and Sushant Deshmukh (W.P.No.62299/2016, dt. 06.12.2018), institute has no lien over documents submitted by the student – Petition disposed of directing return of all original documents within one week – Liberty reserved to institute to recover alleged college/tuition fee dues through lawful remedies – Right to continue disciplinary enquiry and recover fees expressly left open.

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NC: 2025:KHC:39807 WP No. 14655 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION NO.14655 OF 2025 (EDN-RES)

BETWEEN:

SHANKAR NARAYANA, S/O D. RAMAIAH, AGED ABOUT 51 YEARS, F/O DARSHAN S. JAIKRIT, RESIDING AT NO. 256, 2^ND MAIN ROAD, JAGADISH NAGAR, NEW THIPPASANDRA POST, BANGALORE - 560 075.

…PETITIONER

(BY SRI. JAGAN MOHAN M. T., ADVOCATE)

AND:

Digitally signed by CHANDANA B M Location: High Court of Karnataka

THE PRINCIPAL VYDEHI INSTITUTE OF PHARMACY, NO. 82, EPIP AREA, NALLURAHALLI, WHITEFIELD, BANGALORE - 560 066.

MAJOR USHASHREE KUMAR CHIEF OPERATING OFFICER, VYDEHI GROUP OF INSTITUTIONS, NO.82, EPIP AREA, NALLURAHALI, WHITEFIELD, BANGALORE - 560 066

DR D. A. KALPAJA CHAIRPERSON OF THE VYDEHI GROUP OF INSTITUTIONS, NO.82, EPIP AREA, NALLURAHALI, WHITEFIELD, BANGALORE - 560 066

…RESPONDENTS

(BY SRI. NARAYAN KUMAR V., ADVOCATE FOR R1 & R2; R3 IS SERVED & UNREPRESENTED)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT COLLEGE AUTHORITY TO RETURN BACK THE ORIGINAL DOCUMENTS SUCH AS A) ORIGINAL 10^TH MARKS CARD B) ORIGINAL 2^ND PUC MARKS CARD C) ORIGINAL TRANSFER CERTIFICATE D) CONDUCT CERTIFICATE E) B. PHARMACY FIRST AND SECOND SEMESTER MARKS CARD, AS PER REPRESENTATION DATED 10.03.2025 VIDE ANNEXURE- G.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

“i) Issue a writ of mandamus or any other order directing the respondent college authority to return back the Original Documents such as a) Original 10^th Marks Card b) Original 2^nd PUC Marks Card c) Original Transfer Certificate d) Conduct Certificate e) B.Pharmacy First and Second Semester Marks Card, as per representation dated 10.03.2025 vide Annexure-G.

ii) Grant such other relief as this Hon'ble High Court deems fit to grant under the facts and circumstances of the case in the interest of justice.”

Heard learned counsel for the petitioner, learned AGA for respondent Nos.1 and 2 and perused the material on record.

Though respondent No.3 was served with notice, he has chosen to remain unrepresented.

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A perusal of the material on record will indicate that the petitioner’s son joined the Pharmacy programme in respondents – Vydehi Institute of Pharmacy in the year 2023. It is also a matter of record that on 04.03.2025 and 06.03.2025 when the petitioner’s son was studying in his second year received memos from the disciplinary committee of the respondents directing the petitioner’s son to appear before them on 14.03.2025. It is also part of the memo that the Petitioner’s son is not permitted to attend any classes until the said date of appearance. Subsequently, the petitioner and his wife also received memos asking them to appear before the disciplinary committee along with their son. Subsequent to the said memos, the petitioner submitted a representation dated 10.03.2025 before the respondents seeking for return of the Original Documents such as, Original 10th Marks Card, Original 2^nd PUC Marks Card, Original Transfer Certificate, Conduct Certificate and B.Pharmacy First and Second Semester Marks Card to seek admission in a different college. Subsequently, on the 14.03.2025, the petitioner's son appeared before the said disciplinary committee and was informed that a report would be issued to the petitioner’s son regarding the said enquiry. The learned counsel for

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the petitioner would submit that till date neither a report has been issued to the Petitioner’s son, nor has he been permitted to attend the classes and the Third Semester examination that was held from 23.04.2025 to 05.05.2025. Therefore, since the request of the petitioner to respondents to return all the original documents had not been complied with by respondents, the petitioner is before this Court by way of the present petition.

Per contra, learned counsel for the respondent no. 1 and 2 submits that the petitioner’s son has not completely paid the requisite college/tuition fee and since there are disciplinary enquiry pending against the petitioner’s son, there is no merit in the petition, the same is liable to be dismissed.

A perusal of the material on record will indicate that, it is an undisputed fact that the respondents – Pharmacy institute has neither replied to the representation given by the petitioner nor has returned the original documents of the petitioner’s son. It is also not disputed that the petitioner’s son is being enquired by the disciplinary committee of the Respondents Institute regarding alleged indiscipline behavior. So also, it is also a matter of record that the petitioner’s son’s is neither being permitted to attend the

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class nor has been permitted to attend the Third Semester exams and hence the Petitioner wishes to admit his son to a different college.

Under these circumstances, in the light of the judgments of a Co-ordinate Bench of this Court in the cases of Ms.

K.R. Divyashree Vs. The State of Karnataka and others – W.P.No.47380/2017 dated 27.03.2018 and Sushant Deshmukh Vs. The Visveswaraya Technological University and another – W.P.No.62299/2016 dated 06.12.2018 , wherein it is held that respondents – Pharmacy Institute cannot have any lien on the documents submitted by the petitioner’s son, without expressing any opinion on right of the respondents to continue enquiry/ action against the petitioner’s son for the alleged in-discipline behavior as well as recovery of the said college/ tuition fee, I deem it just and appropriate to dispose of this petition directing respondents to hand over and return all the documents viz., Original 10th Marks Card, Original 2^nd PUC Marks Card, Original Transfer Certificate, Conduct Certificate and B.Pharmacy First and Second Semester Marks Card etc., submitted/furnished by the petitioner’s son, back

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to the petitioner’s son within one week from the date of receipt of a copy of this order.

Liberty is reserved in favour of the respondents to take

recourse to such remedies as available in law against the petitioner’s son for recovery of the alleged due College/tuition fee subject to all just exceptions and defences available to the petitioner.

Subject to the aforesaid observations and directions,

the petition stands disposed of.

Sd/(S.R.KRISHNA KUMAR) JUDGE

MDS List No.: 1 Sl No.: 29