In this writ petition, the petitioner inter alia seeks a

writ of mandamus directing respondent Nos.2, 3 & 5 to

return the original documents submitted by the petitioner to

Karnataka Examination Authority at the time of issuance of

order of admission dated 16.05.2018 as well as a direction to

respondent No.5 not to insist on payment of tuition fee of

Rs.25,32,000/- for the entire duration of three years of MD

Psychiatry course. The petitioner also seeks a writ of

mandamus directing the Karnataka Examination Authority

and respondent No.5 to refund the fee of Rs.7,74,500/-

deposited by the petitioner at the time of admission to the

aforesaid course on 16.05.2018.

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2.

Facts leading to filing of this petition, briefly

stated are that the petitioner completed the MBBS course

from Government Medical College, Amritsar in the State of

Punjab and has been conferred the medical degree by the

Baba Farid University of Health Sciences, Punjab. The

petitioner appeared in the Post Graduate National eligibility

cum Entrance Test, 2018. The petitioner was registered with

Karnataka

Examination

Authority

which

is

designated

authority for conducting counseling for admission to P.G.

Medical Courses in the State of Karnataka. The petitioner was

not allotted any seat in the first and second round of

counseling

conducted

by

the

Karnataka

Examination

Authority. The petitioner had also applied for admission to

P.G.Medical Course in Baba Farid University of Health

Sciences, Punjab. The candidature of the petitioner was not

considered for admission. Therefore, he filed a writ petition

before the High Court of Punjab and Haryana for a direction

to the University to consider his case for admission to PG

Medical course as per his ranking in P.G.NEET Examination,

2018.

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3.

In pursuance to the direction issued by the High

Court of Punjab and Haryana, the petitioner was granted

admission

in

Christian

Medical

College,

Ludhiana

in

M.S.Orthopedics and was admitted to the course on

24.05.2018. The petitioner had also participated in the mop

up round and counseling conducted by the Karnataka

Examination Authority on 16.05.2018 and was allotted a seat

in M.D.Psychiatry course in the college run by respondent

No.5.

The

petitioner thereupon deposited a

sum

of

Rs.7,74,500/- as well as all his original documents with

Karnataka Examination Authority. However, subsequently,

when the petitioner was admitted in the Christian Medical

College, Ludhiana in MS Orthopedics Course, the petitioner

immediately informed the Karnataka Examination Authority

as well as the respondent No.5-College by an e-mail dated

29.05.2018 that he is surrendering his seat in MD Psychiatry

Course in respondent No.5-Medical College. It is pertinent to

note that the last date for counseling to the PG Course was

31.05.2018. The petitioner, thereafter, visited Bangalore and

submitted a communication to respondent No.2 stating that

he is surrendering the seat and requested for handing over

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the original documents. The petitioner, thereafter, submitted

a representation on 28.05.2018.

4.

It is pertinent to mention here that the petitioner

had surrendered his seat immediately prior to the last date of

counseling and much before commencing of the Course.

After the petitioner had surrendered the seat, the Karnataka

Examination Authority had conducted another round of

counseling on 30.05.2018. The respondent No.5 thereafter

sent a communication dated 03.06.2018 to the petitioner to

deposit a sum of R.25,32,000/-. In the aforesaid obtaining

factual matrix, the petitioner has approached this court

seeking the reliefs as stated supra.

5.

Learned counsel for the petitioner while inviting

the attention of this court by an interim order dated

24.04.2019 passed by Division Bench of this court fairly

stated that in compliance of the aforesaid order, the original

documents have already been returned to the petitioner and

the petitioner has already given up the relief of refund of

Rs.7,74,500/- which was deposi