Shree Vaishnavi Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Shree Vaishnavi Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

1 - NC: 2025:KHC:6668-DB WP No. 19579 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF FEBRUARY, 2025

PRESENT

THE HON'BLE MRS JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 19579 OF 2022 (EDN-MED ADM)

BETWEEN:

SHREE. VAISHNAVI, SWAMYPRAKASH PATIL, AGED 19 YEARS, R/AT NO.52, 3RD CROSS, ROYAL PLACID PHASE II, HARLUR MAIN ROAD, HSR LAYOUT BENGALURU - 560 087.

…PETITIONER

(BY SRI. DIVYATEJ H.N, ADVOCATE)

AND:

Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPALS SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, VIKASA SOUDHA, BENGALURU - 560 001.

THE KARNATAKA EXAMINATION AUTHORITY, REPRESENTED BY CHIEF EXECUTIVE OFFICER, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 012.

MEDICAL COUNCIL OF INDIA, REPRESENTED BY ITS SECRETARY,

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POCKET-14, SECTOR-8, DWARAKA, NEW DELHI - 110 077.

RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, REPRESENTED BY ITS REGISTRAR, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 041.

KANACHUR INSTITUTE OF MEDICAL SCIENCES, REPRESENTED BY DEAN / PRINCIPAL, MANGALORE UNIVERSITY ROAD, NATEKAL, MANGALORE, DAKSHINA KANNADA - 575 018.

…RESPONDENTS

(BY SRI. M.N. SUDEV HEGE, AGA FOR R1; SRI. N.K. RAMESH, ADVOCATE FOR R2; SMT. FARAH FATHIMA, ADVOCATE FOR R3 AND R4; SMT. HALEEMA AMEEN, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED CANCELLATION/ SURRENDER ORDER TO THE PETITIONER DATED 08.04.2022 ISSUED BY THE RESPONDENT No-2 KARNATAKA EXAMINATION AUTHORITY VIDE ANNEXUREL2 ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT No-2 KARNATAKA EXAMINATION AUTHORITY AND RESPONDENT No-5 MEDICAL INSTITUTION AS THE CASE MAY BE TO REFUND THE FEE AMOUNT OF RS.10,84,699/- (RUPEES TEN LAKH EIGHTY FOUR THOUSAND SIX HUNDRED AND NINETY NINE RUPEES ONLY) WHICH WAS PAID AT THE TIME OF ALLOTMENT OF SEAT.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL

3 -

NC: 2025:KHC:6668-DB WP No. 19579 of 2022

ORAL JUDGEMENT

(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)

This Writ Petition is filed seeking the following reliefs:

"(a) Issue Writ in the nature of Certiorari quashing the impugned Cancellation / Surrender Order to the petitioner dated 08.04.2022 issued by the Respondent No.2 - Karnataka Examination Authority vide Annexure-L.

(b) Issue Writ in the nature of Mandamus directing the Respondent No.2 - Karnataka Examination Authority and Respondent No.5 - Medical Institution as the case may be to refund the fee amount of Rs.10,84,699/- (Rupees ten lakh eighty-four thousand six hundred and ninety nine rupees only) which was paid at the time of allotment of seat.

(c) Pass any such orders or directions in favour of petitioner that this Hon'ble Court deems fit in the interest of justice and equity."

We have heard the learned counsel appearing on

either side.

Learned counsel for the petitioner submits that it is

only in the peculiar circumstances of the case that she had to withdraw her admission in the educational institution and that

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the rigor of the Rule is not liable to be inflicted against her in the facts of this case. Learned counsel also submits that she may be permitted to approach the Karnataka Examination Authority (KEA) with a representation, which may be directed to be considered by the KEA in accordance with law.

Having heard the learned counsel appearing on either side, this Writ Petition is disposed of directing that in case the petitioner submits a representation before the KEA within two weeks from today, the same shall be considered by the KEA with notice to the petitioner and after hearing her. Appropriate orders shall be passed within three weeks thereafter.

It is made clear that we have not expressed any opinion on the merits of the matter.

Sd/(ANU SIVARAMAN) JUDGE

Sd/(VIJAYKUMAR A. PATIL) JUDGE

KA

CT: BHK