SONU THOMAS Vs. RAJIV GANDHI UNIVERSITY

JUDGEMENT

(1.) This writ petition is directed against the communication dated 03.07.2015 bearing No.RGUHS/ AC2-ADM/BDS/2014-15/D042 at Annexure-S issued by respondent No.1-Rajiv Gandhi University of Health Sciences, Karnataka ('the University'), and for a direction to the University to approve the admission of the petitioner for BDS Course in respondent no.2-A.J.Institute of Dental Sciences, Mangalore ('the College'). The impugned communication at Annexure-S issued by the University reads as follows:

(2.) We have heard the learned counsel appearing for the parties and perused the record. The contention of the learned counsel for the petitioner is that the petitioner was permitted to appear for the first year BDS examination held in June 2014 under registration No.13D7898. The petitioner paid the examination fees and was also issued with the hall ticket/admission card by the University. In addition to the initial admission fee of Rs. 2,53,000/-, the College directed the petitioner to pay a sum of Rs. 2,53,000/- for attending the classes. It is further contended that, once again the College required the petitioner to pay a sum of Rs. 2,73,000/- towards the College fees for the year 2015-2016. The petitioner arranged the demand draft dated 21.11.2015. The first year BDS examination for the year 2015-2016 was scheduled to be held in the month of December 2015. The petitioner paid the examination fee in a sum of Rs. 3,200/-. The application of the petitioner was forwarded by the College to the University. But the petitioner did not receive the hall ticket or admission card for December 2015 examination. On enquiry with the College, the petitioner was told that there were some technical faults. However, he was permitted to appear for December 2015 examination, but his result was not announced. After repeated enquiries with the College, petitioner submitted a representation and having failed to elicit proper responses thereto, he issued a legal notice dated 02.06.2016 threatening legal action and further sent a reminder to the University on 13.06.2016.

(3.) It is further stated that under the aforesaid circumstances, the petitioner approached this Court in W.P.Nos.34167-34168/2016 for a writ of mandamus to direct the University and the College to receive the examination fee and to permit him to attend the first year BDS examination which was scheduled from 21.06.2016 to 25.06.2016. A learned Single Judge of this Court directed the respondents to permit the petitioner to write the first year BDS examination by accepting the fees subject to the result of the writ petitions and the University was directed not to announce the result of the petitioner without the leave of the Court. It is stated that the said writ petitions were withdrawn with liberty to pursue this petition.