LAWS(KAR)-2010-11-93

MS. SHRUTHI V.R., D/O. R.V. RAMESH AND OTHERS Vs. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES AND BLDE ASSOCIATIONS SHRI B.M. PATIL MEDICAL COLLEGE REP. BY ITS PRINCIPAL

Decided On November 26, 2010
Shruthi V.R., D/O. R.V. Ramesh Appellant
V/S
State Of Karnataka Rep. By Its Chief Secretary, Rajiv Gandhi University Of Health Sciences And Blde Associations Shri B.M. Patil Medical College Rep. By Its Principal Respondents

JUDGEMENT

(1.) THOUGH these matters are posted for orders, by consent of learned Counsel for the parties, they are taken up for final hearing and disposed of by this order.

(2.) THE Petitioners were admitted to the 3rd Respondent -College for the study of MBBS course for the academic year 2004 -05. They have paid the fee in accordance with the consensual agreement arrived at between the college and the State Government. Pursuant to the decision of the Apex Court in P.A Inamdar and Ors. v. State Of Maharashtra [2005(6) SC 537] , the State Government had constituted a fee fixation committee headed by the Hon'ble Mr. Justice H. Rangavittalachar. The Committee submitted its report dated 18.1.2006 fixing the fee payable by the students for the study of MBBS course for the said academic year. The report was challenged by the medical colleges and some of the students before this Court in W.P. No. 5655/2006 and other connected matters. The said writ petitions were disposed of on 9.11.2009 with certain directions. Challenging the aforesaid said orders, the management of the private medical colleges have filed SL Ps before the Hon'ble Supreme Court, which are pending.

(3.) LEARNED Counsel for the Petitioners submit that this Court has already passed an interim order dated 2.6.2010 directing the 3rd Respondent college to hand over all the original documents and no due certificates to the Petitioners in W.P. Nos. 11401 -11434/2010. The Petitioners in W.P. Nos. 36421 -36424/2010 were impleaded subsequently. The college is withholding their documents. He further submits that the Petitioners will file an affidavit before this Court undertaking to pay the difference of the fee, if any, in accordance with the decision of the Apex Court in the above SL Ps.