IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 10858 OF 2023 (EDN-RES)

BETWEEN:

SHREYA D POOJARI D/O DAYANANDA S POOJARI, AGED ABOUT 20 YEARS, R/AT MELINAKURUVALLI KURUVALLI POST, THIRTHALLI TALUK SHIVAMOGGA DISTRICT - 577 432 …PETITIONER Digitally signed by KIRAN (BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE)

KUMAR R Location: HIGH COURT OF AND:

KARNATAKA

1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560001

2. KARNATAKA EXAMINATIONS AUTHORITY REPRESENTED BY ITS EXECUTIVE DIRECTOR SAMPIGE ROAD, 18^TH CROSS, MALLESHWARAM BENGALURU 560 012 …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 SRI. N.K. RAMESH, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 HEREIN TO REFUND THE SUM OF Rs. 2,00,000/- TO THE PETITIONER ALONG WITH COMMERCIAL RATE OF INTEREST AT 18 PERCENT PER ANNUM. AWARD DAMAGES TO THE PETITIONER FOR MENTAL AGONY AND HARASSMENT CAUSED BY R2.

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

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

1. The petitioner has filed this writ petition seeking for the following prayers:

(i) “To direct respondent No.2 herein to refund the sum of Rs.2,00,000/- to the petitioner along with commercial rate of interest at 18 percent per annum.

(ii) award damages to the petitioner for mental agony and harassment caused by respondent No.2.

(iii) allow this writ petition with costs.”

2. Brief facts leading rise to the filing of this writ petition are as follows:

3. The petitioner appeared for Common Entrance Test -

2019 for the admission to professional degree course conducted by the Karnataka Examinations Authority under CET No.MK003 under the category 2AG. The petitioner secured a Rank 15 M&H-285082 and appeared for the second round of counselling for allotment of seat. The petitioner was allotted a Government Quota Seat for BAMS course in Athreya Ayurvedic Medical College, Kodigehalli, Nagasandara, Doddballapur, Bangalore Rural and the petitioner was directed to pay the course fee of ₹2,00,000/-. Accordingly, the petitioner paid the course fee of ₹2,00,000/-.

4. On 01.10.2019, the petitioner issued an e-mail to respondent No.2 informing her inability to join the said College and sought for a refund of the course fee paid by her. Respondent No.2 did not consider the same. Hence, this writ petition.

5. Respondent No.2 filed a statement of objections contending that the petitioner appeared for the Common Entrance Test-2019 and the Government has allotted a seat in a private Medical College. The petitioner neither surrendered the seat nor cancelled the seat and failed to join the allotted College. Hence, it is contended that respondent No.2 has rightly forfeited the course fee paid by the petitioner. It is contended that the petitioner is not entitled for the refund of course fee. Hence, prays to dismiss the writ petition.

6. Heard the learned counsel for the petitioner and learned counsel for respondent No.2.

7. Learned counsel for the petitioner submitted that the petitioner appeared for the Common Entrance Test- 2019 and the Government had allotted a seat in the private medical college and the petitioner had also paid the course fees. He submitted that the petitioner has not taken the admission in the allotted College. As such, the petitioner is entitled for the refund of course fees. He submitted that respondent No.2 has no right to forefeet the said amount. On these grounds, he prays to allow the writ petition.

8. Per contra, learned counsel for respondent No.2 submitted that respondent No.2 had allotted a seat to the petitioner in a private medical college and pursuant to the allotment, the petitioner paid the full course fee of ₹2,00,000/-. However, the petitioner neither joined the College nor surrendere