SUDHA B MATTIGATTI Vs. DIRECTORATE OF MEDICAL EDUCATION

JUDGEMENT

(1.) IN this writ petition, petitioner has sought for a direction, directing the respondents 2 and 3 to release the fees amount of Rs. 1,35,000/- to the petitioner that she has already deposited with the 1st respondent at the time of allotment, for the year 2004-05 and also to direct 1st respondent to sanction the fees of the petitioner for a sum of Rs. 1,35,000/- and further to issue a writ in the nature of mandamus to the respondents 2 and 3 to release the said amount for the academic year 2005-06.

(2.) LEARNED counsel for the petitioner has submitted that, prayer B sought for by the petitioner does not survive for consideration, on the ground that, already first respondent has passed the order sanctioning the fee of Rs. 1,35,000/- for the academic year 2004-05 and 2005-06. Hence, prayer-B sought for by the petitioner may be dismissed as having become infructuous. The above submission made by the Learned Counsel, for the petitioner is placed on record. Accordingly, Prayer-B sought for by the petitioner in this writ petition is dismissed as having become infructuous.

(3.) IN so far as prayer-A is concerned, the grievance of the petitioner is that, she is a student and presently prosecuting her post Graduation Programme in Dental Science in P. M. Nadagouda memorial Dental College and Hospital, Bagalkot. Petitioner has appeared for the state PG. Entrance examination and she was allotted the seat at RM. Nadagouda Memorial Dental college and Hospital, Bagalkot under Category- I for the academic year 2004-05, as per allotment intimation vide Annexure-A and now she is pursuing her PG program in the said college and she is eligible for full scholarship as per the Government order dated 20th January 1995 vide Annexure D and the first respondent has already passed necessary orders, sanctioning fee of Rs. 1,35,000/- for the academic year 2004-05. But the said amount has not been released in favour of the college by the respondents 2 and 3 so far. The college authorities has also sent a communication to the 3rd respondent to release the amount and deposit the same in the college. Thereafter, petitioner has also sent a communication dated 18. 1. 2006 vide annexure-J. But in spite of her oral, and written requests to the 2nd respondent the said amount is not. released in favour of the College and the College authorities are forcing her to pay the amount, other wise they will discontinue her studies. Therefore petitioner has presented this writ petition, seeking appropriate direction.