HUMERA JABEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though this writ petition is listed for preliminary hearing, with the consent of learned counsel on both sides, it is heard finally.

(2.) Petitioner has sought for a direction to respondent No.4 to consider her representation dated 26/07/2018 vide Annexure-E and to direct respondent No.4 - college to return the original documents of petitioner, which was submitted by her at the time of joining post graduation course in the respondent-college and to pass such other orders or directions as necessary in this case.

(3.) Petitioner has completed her post graduation course in respondent No.4 - college after completion of her MBBS course. At the time of joining post graduation course, she had submitted her degree certificates, marks cards, such as SSLC and PUC marks cards and other certificates in original. On completion of the said course, she has sought for return of the said original documents. The Karnataka State Legislature has enacted Karnataka Compulsory Service Training by Candidates Completed Medical Course Act, 2012 (hereinafter referred to as "the Act" for the sake of brevity). Under the said Act, those candidates who have completed their post graduation course in medicine, have to make themselves available to render service as a Junior Resident Trainee and Senior Resident Trainee in Government Primary Health Centres and Government Hospitals. That, the said Act has been amended in the year 2015 and subsequently, according to learned Addl. Government Advocate, in the year 2017, the State Government has notified the Act to come into force with effect from 24/07/2015, but the petitioner was already admitted to the course by then. She has subsequently completed her course. According to her, the said Act and the amendments made to the said Act do not apply to her. Therefore, her original documents could not have been withheld by the respondent college on the ground that she has not rendered service as a Junior Resident Trainee and Senior Resident Trainee in Government Primary Health Centers and Government Hospitals. Therefore, she has sought for return of original documents.