2025 Supreme(Kar) 1570
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K. SINGH, VENKATESH NAIK T., JJ.
Sri. Subramanya, G.K., S/o. G. Kotresh – Petitioner
Versus
The Union Of India, Rep. Secretary Ministry Of Health And Family Services, Nirmanbhavan, Moulana Azad Road, New Delhi and Ors. – Respondents
WRIT PETITION NO. 10871 OF 2024 (EDN-RES) C/W WRIT PETITION NO. 9394 OF 2024 (EDN-MED ADM), WRIT PETITION NO. 10382 OF 2024 (EDN-MED ADM), WRIT PETITION NO. 11329 OF 2024 (EDN-RES), WRIT PETITION NO. 11334 OF 2024 (EDN-RES), WRIT PETITION NO. 11740 OF 2024 (EDN-RES), WRIT PETITION NO. 15703 OF 2024 (EDN-RES), WRIT PETITION NO. 26727 OF 2024 (EDN-MED ADM), WRIT PETITION NO. 30314 OF 2024 (EDN-RES), WRIT PETITION NO. 30315 OF 2024 (EDN-RES), WRIT PETITION NO. 31820 OF 2024 (EDN-RES), WRIT PETITION NO. 34035 OF 2024 (EDN-RES).
Decided On : 11-08-2025
Important Points
Subject
Educational Law - Higher Education
Headnote
(B) Principle of equitable remedy - Students should not be penalized with exorbitant fees following administrative failures in their original college admissions. (Para 6)
Facts of the case:
Students were transferred from G.R. Medical College after the NMC revoked its recognition due to illegal admissions. They faced demands for higher fees from the new institutions. Court directed fee adjustments to ensure fairness.
Findings of Court:
The court mandated a fee of Rs.20,00,000/- for the subsequent years to ensure affordability for students.
Issues: The main issues revolved around the legality of fee structures imposed after college closures and the financial burden on students.
Ratio Decidendi: The court emphasized that the colleges should not exploit the administrative failures by imposing excessive fees and that reasonable fees should be adhered to instead.
Result: Writ petitions disposed of with directions regarding fee structures.
For the Petitioner:Sri. Chandrakanth R. Goulay., Advocate
For the Respondents:Sri. B. Pramod, CGC, Sri. N. Khetty, Advocate, Sri. Sudev Hegde, AGA, Sri. N.K. Ramesh, Advocate, Smt Farah Fathima, Advocate.
ORDER :
D.K. SINGH, J.
In WP.Nos.9394/2024 & 10382/2024
Heard Mr. P.P.Hedge, learned Senior Counsel assisted by Mrs. Rachitha Rajashekar, learned counsel and Smt. Hiremath Akkamahadevi, learned counsel for the petitioners; Mr. Rajashekar.S., learned Central Government Counsel for the UOI, [Union of India]; Mr. Sudev Hegde, learned Additional Government Advocate for the State; Mr. N. Khetty, learned standing counsel for NMC, [ National Medical Commission ] and Medical Assessment and Rating Board; Mr. N.K. Ramesh, learned counsel for the KEA, [Karnataka Examinations Authority]; Mrs. Farah Fathima, learned counsel for RGHUS, [Rajiv Gandhi University of Health Sciences]; Mr. G.B.Sharath Gowda, learned counsel for the KIMS, [Kempegowda Institute of Medical Sciences].
2. These two petitions have been filed by the petitioners - students who were admitted in MBBS Course for the academic session - 2022-23 in G R Medical College , Hospital and Research Centre (for short 'the G. R. Medical College') wherein the admissions were made contrary to the prospectus issued by the NMC, [ National Medical Commission ] and against the existing prescribed guidelines, and the NMC directed the cancellation of the admissions and took punitive action against the G R Medical College , thereby the said college was closed down.
3. The students who had taken admission in the said G R Medical College were accommodated in different Medical Colleges/Institutions. Some of the colleges where the some of the students were transferred did not permit the students to take admission and they were retransferred and accommodated in the different colleges. The petitioners in these petitions have been accommodated in the different colleges and they have paid the fees. They do not have any subsisting grievance.
4. Learned counsel for the NMC submits that keeping in mind the interest of the students; we have no objection for the students pursuing their MBBS course from the transferee and re-transferee colleges.
5. Considering the said stand of the NMC, nothing survives in these writ petitions and accordingly, the same are hereby disposed of.
6. Pending I.As. if any, shall also stand disposed of.
In WP.NO.26727/2024
1. In this petition, the petitioner was initially transferred from the G R Medical College to Respondent No.6 i.e., Shyamanuru Shivashankarappa Institute Of Medical Sciences by the KEA, [Karnataka Examinations Authority]. However, it appears that the said medical college/Institution demanded more fees than which was paid in the G R Medical College and hence, the petitioner sought for accommodation in some other college. In pursuance of the request made by the petitioner, the KEA allotted respondent No.7-Dr. B. R. Ambedkar Medical College, K. G. Halli, Bangalore to the petitioner, and the petitioner has taken admission in said college.
2. In view of the aforesaid fact that the petitioner has been accommodated in pursuance of her request in Dr. B.R.Ambedkar Medical College, nothing survives in this writ petition and accordingly, the writ petition stands disposed of
3. Pending I.As. if any, shall also stand disposed of.
WP No. 10382 of 2024
1. The petitioner was allotted G R Medical College , respondent No.4, by the Karnataka Examinations Authority to study MBBS Course under the Management Quota for the Academic Year- 2021-22. The NMC directed the said college to be closed down for want of infrastructure and other facilities as well as the admissions made illegally (allegedly). The similarly situated students (150) whose admissions were cancelled had approached this Court by filing the petitions and this Court directed the State Government/KEA to accommodate these 150 students in different Medical Colleges/Institutions, over and above, their sanctioned intake of the students to save the career of the students earlier admitted in G.R.Medical College. The petitioner had paid fee of Rs.20,80,000/- in G R Medical College for pursuing her second year of MBBS Course and thereafter she