- 1 - NC: 2025:KHC:2359-DB WA No. 1771 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 1771 OF 2024 (EDN-RES) BETWEEN: 1. MS. AFIFA AZMI D/O MD. RAISUL AZAM, AGE: 23 YEARS, UNI REG. NO. 21M5059 R/O M.V.J. MEDICAL COLLEGE GIRLS HOSTEL NH75, 30TH MILE, DANDUPALYA VILLAGE, HOSKOTE, BENGALURU - 562 114. 2. MS. IRENE LALRINAWMI D/O P.B. SANGDINGLJANA AGE: 22 YEARS, UNI. REG. NO. 21M5196 R/O M.V.J MEDICAL COLLEGE GIRLS HOSTEL NH75, 30TH MILE, DANDUPALYA VILLAGE, HOSKOTE, BENGALURU - 562 114. 3. MR. MODI RUTUL NARENDRAKUMAR S/O MR. NARENDRA A MODI, AGE: 22 YEARS, UNI REG.NO.20M5205 R/O A-20, AKSHATAM 1 BUNGLOWS NEAR UPASANA SCHOOL, AKESHAN ROAD, PALANPUR GUJARAT - 385 001. 4. MS. SHAMA P.J. D/O JAYASHANKAR MURTHY P.O., Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2359-DB WA No. 1771 of 2024 AGE: 21 YEARS, UNI REG. NO. 21M4853 R/O JAYASHANKAR MURTHY, PANCHANAHALLI P.O. CHICKMAGALUR - 577 182. 5. MS. BHOOMIKA R GOWDA D/O MR. R RAMEGOWDA, AGE: 21 YEARS, UNI. REG. NO. 21M7517 R/O NO.47, ANJANDRI NILAYA, 5TH CROSS, NGF LAYOUT, NAGARBHAVI 14TH BLOCK, BENGALURU - 560 072. 6. MR. SHAIK MOHAMMED AFNAN S/O MR. KHALEEL SAB, AGE: 23 YEARS, UNI. REG. NO. 20M5160 R/O PHOOLSHA MOHALLA 1ST CROSS, KOLAR - 563 101. 7. MS. A.S. DARSHANA SREE, D/O MR. A SATISH KUMAR, AGE: 24 YEARS, UNI. REG. NO. 19M0851 R/O NO. 21/2, 2ND CROSS, G.B.LANE, COTTONPETE, BENGALURU - 560 053. 8. MR. MOTHISH V., S/O MR. VINAYAGAMURTHY G., AGE: 23 YEARS, UNI. REG. NO. 21M5129 R/O NO. 60, 5TH CROSS, 8TH MAIN, BRINDHAVAN NAGAR, SBM COLONY MATHIKERE, BENGALURU - 560 054. 9. MR. SUDIP GHOSH, S/O DIPAK KUMAR GHOSH, AGE: 23 YEARS, UNI. REG. NO. 19M2219 R/O H.NO. 464, SECTOR -1C, BOKARO STREET CITY, BOKARO, JHARKAND - 827 001. - 3 - NC: 2025:KHC:2359-DB WA No. 1771 of 2024 10. 11. 12. 13. MS. PIDATHALA LAKSHMI PRANAVI, D/O MR.P.KRISHNAMURTHY, AGE: 21 YEARS, UNI.REG.NO.21M6039, FLAT NO.226, S.V.HOMES, K.M.COLONY, ANANTAPURAMU, ANDHRA PRADESH-515 001. MS. YASHIKALA, D/O MR.C.ALEMYANGER, AGED-22 YEARS, UNI.REG.NO.21M4884, R/O KIMS'S LADIES HOSTEL, BANASHANKARI, STAGE 2, BENGALURU -560 070. MR. RIFAQUAT TAMMIM S/O MR. MOHAMMED ILIYAS PATHAN, AGED -22 YEARS, UNI.REG.NO.21M8380, R/O NO.121/A, NAKUDHA MOHALLA, JAMID MASJID, KARWAR, UTTAR KANNADA-581 352. MR. P.YESHWANTH KUMAR, S/O MR.B.PRABHU, AGE: 23 YEARS, UNI.REG.NO.20M6039, R/O BOYS HOSTEL, SHRIDEVI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH HOSPITAL, SIRA ROAD, THUMAKURU-572 106. …APPELLANTS (BY SRI. ABHISHEK MALIPATIL, ADVOCATE) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH 'T' BLOCK, JAYANAGAR BENGALURU - 560 041 REP. BY ITS VICE CHANCELLOR 2. THE REGISTRAR RAJIV GANDHI UNIVERSITY OF - 4 - NC: 2025:KHC:2359-DB WA No. 1771 of 2024 HEALTH SCIENCES, 4TH 'T' BLOCK, JAYANAGAR BENGALURU - 560 041. 3. NATIONAL MEDICAL COMMISSION POCKET - 14, SECTOR 8, DWARAKA PHASE - I, NEW DELHI - 110 077 BY ITS SECRETARY 4. GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE, DEPARTMENT OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI - 110 011 REPRESENTED BY ITS SECRETARY. 5. M.V.J. MEDICAL COLLEGE AND RESEARCH HOSPITAL NH75, 30TH MILE, DANDUPALYA VILLAGE, HOSKOTE, BANGALORE RURAL DISTRICT - 562 114 BY ITS DEAN/PRINCIPAL. 6. KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES SIDDANNA LAYOUT, BANASHANKARI 2ND STAGE, BENGALURU - 560 070 REPRESENTED BY ITS DEAN/PRINCIPAL. 7. SAPTHAGIRI INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTRE, NO.15, HESARAGHATTA MAIN ROAD, NAVY LAYOUT, CHIKKASANDRA CHIKKABANAVARA, BENGALURU - 560 090 BY ITS DEAN/PRINCIPAL. 8. EAST POINT COLLEGE OF MEDICAL SCIENCES AND RESEARCH CENTRE JNANA PRABHA, EAST POINT CAMPUS, VIRGO NAGAR POST, AVALAHALLI - 5 - NC: 2025:KHC:2359-DB WA No. 1771 of 2024 BENGALURU - 560 049 BY ITS DEAN/PRINCIPAL. 9. SHRIDEVI INSTITUTE OF MEDICAL SCIENCES AND RESEARCH HOSPITAL, SIRA ROAD, THUMAKURU - 572 106 BY ITS DEAN/PRINCIPAL 10. KANACHUR INSTITUTE OF MEDICAL SCIENCES, MANGALORE-THOKKOTTU-KANAJE UNIVERSITY ROAD, KOTKAR VILLAGE, NATEKAL, MANGALORE - 575 018 BY ITS DEAN/PRINCIPAL. …RESPONDENTS (BY SRI. MAMATA GURURAO KULKARNI, ADVOCATE FOR R1 & R2, SRI. N.KHETTY, ADVOCATE FOR R3, SMT. RESHMA K.THAMMAIAH, CGC FOR R4 RESPONDENTS NO.5 TO 10 ARE SERVED AND UNREPRESENTED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE INTERIM ORDER DATED 29.11.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP No-9016/2024, WP No- 9050/2024, WP No-9712/2024, WP No-31139/2024, WP- 31573/2024, WP No-31716/2024 AND WP No-32023/2024 AND ALLOW THE WP FILED BY THE APPELLANTS AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 6 - NC: 2025:KHC:2359-DB WA No. 1771 of 2024 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) This appeal arose from order dated 29.11.2024, which was an interim order passed in the group of pending writ petitions before the learned Single Judge. While challenging the said order, the grievance of the appellants-petitioners was that they were entitled to appear in the examination of the subjects concerned beyond four attempts. As the learned Single has negatived the said prayer in the said interim order dated 29.11.2024, the instant writ appeal was preferred by the appellants. 2. In the writ appeal, order dated 05.12.2024 was passed and the appellants-petitioners were permitted to appear in the examinations, which were to be held on 6th, 9th, 11 and 13th of December, 2024. At the same time, it was observed that the appearance of the appellants in the examination shall not create any right or equity in their favour and that the result of the examination shall not be declared without the permission of this Court. - 7 - NC: 2025:KHC:2359-DB WA No. 1771 of 2024 3. During the pendency of the appeal, the main proceedings of the writ petitions came to be decided by learned Single Judge and final order came to be passed on 16.12.2024. 4. When the appeal came up for consideration today, copy of the said final order dated 16.12.2024 was produced. 5. In the aforesaid view, when the parent proceedings are already decided and this appeal was against the interim order passed in those proceedings, the substratum of the appeal would not survive and it stands disposed of as not surviving, having become infructuous. The interim order passed in appeal stands automatically vacated and ceases to operate in view of non-survival of the appeal. 6. Learned Advocate for the appellants urged that the interim order was passed on 05.12.2024 to the benefit of the appellants-students in the present appeal, whereby the students were permitted to appear in the examination and that said issue still remains alive for the appellants to be agitate in the present appeal. 7. The Court fails to appreciate the submission inasmuch as when the main proceedings are concluded, the appeal against the interim order would not survive. - 8 - NC: 2025:KHC:2359-DB WA No. 1771 of 2024 8. The order of the learned Single Judge dated 16.12.2024 disposing of the petitions finally may give a fresh cause of action to the appellants. It is for the appellants to consider filing of appropriate proceedings in accordance with law as may be permitted and if advised. 9. It is clarified that in such proceedings, it will be open for the appellants-petitioners to make all the prayers, as may be available in law, in the fresh proceedings, which may be filed on the basis of the fresh cause of action as indicated above. In such proceedings, all the contention of both sides will remains open. 10. The present appeal stands disposed of accordingly. In view of disposal of the appeal, any interlocutory application that may be pending, would not survive and stands accordingly disposed of. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE VM/List No.: 1 Sl No.: 24