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2025 Supreme(Online)(Kar) 37841

THE HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR
PAULS XAVI – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 29431/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.29431 OF 2025 (EDN-RES)

BETWEEN:

1. PAULS XAVI AGED 26 YEARS S/O XAVI JOSEPH RESIDING AT MANGATTUKATTAYIL HOUSE AARADHANA NAGAR, KOZHIPPILLY P O., KOTHAMANGALAM, ERNAKULAM KERALA - 686 691

2. ANDRE KANNAMKULAM AGED 25 YEARS S/O SAJU ANTONY RESIDING AT KANNAMKULAM HOUSE GREENFILED ROAD Digitally signed by CHAITHRA A GFRA 9 CHEERACHI Location: HIGH COURT OF OLLUR, THRISSUR KARNATAKA KERALA - 680 306

3. AMOGH KAUSHIK AGED 25 YEARS S/O DR RAVI L KAUSHIK RESIDING AT

1331, 29TH MAIN, 5TH CROSS

1ST PHASE, J P NAGAR BENGALURU - 560 078

4. MARIO KHONGMALAI AGED 28 YEARS S/O KOS NONGBAH AT LAITUMKHRAH NONGRIMMAW - D HOLY GROUND ROAD SHILLONG MEGHALAYA - 793 003 …PETITIONERS (BY SRI. SIJI MALAYIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY AT DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA BENGALURU - 560 001

2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AT 4TH T BLOCK EAST PATTABHIRAMA NAGAR JAYANAGAR, BENGALURU -560041 REPRESENTED BY ITS VICE CHANCELLOR

3. M/S ST.JOHNS MEDICAL COLLEGE (UNIT OF CBCI SOCIETY FOR MEDICAL EDUCATION)

REPRESENTED BY ITS ASSOCIATE DIRECTOR AT SARJAPUR - MARATHAHALLI RD BESIDE BANK OF BARODA JOHN NAGAR, KORAMANGALA BENGALURU - 560 034

4. CBCI SOCIETY FOR MEDICAL EDUCATION REGISTERED UNDER SOCIETIES REGISTRATION ACT, 1860 AT SILVER JUBILEE BUILDING SAINT JOHNS HOSPITAL INTERNAL ROAD, JOHN NAGAR KORAMANGALA, BENGALURU - 560 034 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI.MANJUNATH K, HCGP FOR R.1;

SMT.FARAH FATHIMA, ADVOCATE FOR R.2;

SRI.P.N.MANMOHAN, ADVOCATE FOR R.3 AND R.4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 - COLLEGE TO CONSIDER THE REPRESENTATION AS STATED IN VIDE ANNEXURE-E DATED 07.08.2025 AND TO RETURN BACK ALL THE ORIGINAL CERTIFICATES/ DOCUMENTS PERTAINING TO THE PETITIONER AT THE TIME OF JOINING THE COURSE AND ALSO ALL THE CERTIFICATES, DOCUMENTS PERTAINING TO THE MBBS COURSE COMPLETED BY THE PETITIONERS AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioners seek for the following reliefs;

"I. To issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondent No.3 - College to consider the representation as stated in vide Annexure-E dated 07.08.2025 and to return back all the original certificates/documents, pertaining to the petitioner at the time of joining the course and also the certificates, documents pertaining to the MBBS course completed by the Petitioners;

II. Pass any order of consequential relief or any other appropriate order or direction in favour of the petitioner herein, as this Hon'ble Court deems fit in the facts and circumstances of the case to meet the ends of justice and equity."

2. Heard learned counsel appearing for the parties.

3. A perusal of the material on record would indicate that the issue involved in the present petition is squarely covered by the orders passed by the Co-ordinate Bench of this Court in batch of petitions i.e., W.P.Nos.10734/2024 c/w 13693/2024 in relation to the very same respondent No.3 - college, wherein it is held as under;

"In W.P.No.10734/2024, petitioners seek the following reliefs:

“I. To issue a writ of Mandamus or any other appropriate writ order or direction, directing the Respondent No.3 to consider the representations made by the Petitioners dated 5.3.2024 (Annexure-H to H11).

II. To issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the Respondent No.3 herein not to implement the Bond executed by the Petitioners as the same is violative of Article 14 of the Constitution of India and thereby emancipate the Petitioners from the Bond executed.

III. Pass any order of consequential relief or any other

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