- 1 - HC-KAR NC: 2025:KHC:40718 WP No. 29284 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 29284 OF 2025 (EDN-RES) BETWEEN: TAHIRA SHEROON, D/O A. S. ABUDAL AZEEZ, AGED ABOUT 28 YEARS, R/O KAMARAN MANZIL, SAVAI PALYA, OLD THIRUHALLI ROAD, SHIVAMOGGA - 577 202 …PETITIONER (BY SRI. S. V. PRAKASH, ADVOCATE) AND: 1. KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES BANASHANARI 2ND STAGE BENGALURU - 560 070 2. RAJYA VAKKALIGARA SANGHA ® HAVING ITS REGISTERED OFFICE AT NO.148 KRISHNARAJENDRA ROAD, VISHWESHWARAPURA, BENGALURU REP. BY ITS SECRETARY 3. RAJIV GANDHI UNIVERSDITY OF HEALTH SCIENCE 4TH T BLOCK, EAST JAYANAGARA, BENGALURU - 560 041 REPRESENTED BY ITS REGISTRAR (EVALUATION) …RESPONDENTS (BY SRI. C. N. KESHAVA MURTHY, ADVOCATE FOR R1 & R2; SMT. FARAH FATHIMA, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT COMMANDING THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40718 WP No. 29284 of 2025 RESPONDENTS BY ISSUANCE OF WRIT OF MANDAMUS TO HAND OVER ALL ORIGINAL DOCUMENTS/ CREDENTIALS AS MENTIONED IN THE REPRESENTATIONS DATED 02.07.2025 PRODUCED AS ANNEXURE-H TO THE WRIT PETITION, TO ISSUE THE INTERNSHIP COMPLETION CERTIFICATE AND NOC TO REGISTER WITH THE KARNATAKA STATE MEDICAL COUNCIL TO THE PETITIONER TO ENABLE HER TO APPEAR FOR PG ENTRANCE EXAMINATION AND TO REGISTER WITH THE KARNATAKA MEDICAL COUNCIL FORTHWITH AND AWARD THE COST OF THIS PROCEEDINGS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: "a) Issue an appropriate writ or order or direction commanding the respondents by issuance of writ of mandamus to hand over all original documents/credentials as mentioned in the representation dated 02.07.2025 produced as Annexure-H to the writ petition, to issue the internship completion certificate and NOC to register with the Karnataka State Council to the petitioner to enable her to appear for PG entrance examination and to register with the Karnataka Medical Council forthwith; b) Issue any other appropriate writ or order or direction as this Hon'ble Court deems it appropriate in the admitted facts and circumstances of the case to secure the ends of justice; c) Award the cost of this proceeding." - 3 - HC-KAR NC: 2025:KHC:40718 WP No. 29284 of 2025 2. Heard learned counsel for the petitioner, learned counsel for respondent Nos.1 and 2 and learned counsel for respondent No.3 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner having taken admission in respondent No.1 – College, which is affiliated with respondent No.3 – RGUHS for the year 2016-17 and completed MBBS course in the year 2023. In the meanwhile, the suit in O.S.No.3341/202 (City Civil Court, Bengaluru) was instituted by respondent No.3 against the petitioner and one more person in a sum of Rs.77 Lakhs, which is being contested by the petitioner. The petitioner approached this Court in W.P.No.11419/2020, which was disposed vide final order dated 26.08.2021 as hereunder: “Learned counsel for respondent Nos.1 and 2 submits that this writ petition was filed by the petitioner seeking a direction to the said respondents to permit the petitioner to appear for the 3rd year MBBS examination which were scheduled from 13.02.2020. It is the contention of the petitioner that she was prevented from appearing for the examination on the ground that she had not paid the requisite fee to the Institution. However, consequent to the interim directions given by this Court the petitioner had appeared in the examination. In the - 4 - HC-KAR NC: 2025:KHC:40718 WP No. 29284 of 2025 meanwhile, respondent Nos.1 and 2 have initiated a suit before the Competent Civil Court in the matter of recovery of the fee payable by the petitioner. It is therefore, submitted at the hands of the respondent Nos.1 and 2 that the prayer made in this writ petition has become infructuous since the petitioner has already written the examination. 2. Placing the submission of the learned counsel for the respondent Nos.1 and 2 on record, this writ petition stands disposed of as nothing survives for consideration in this writ petition. 3. Needless to observe that the results of the examination that the petitioner has written consequent to the interim directions given by this Court shall be announced by the 3rd respondent-University. Ordered accordingly.” 4. The petitioner once again approached this Court in W.P.No.11916/2022, which was disposed of vide final order dated 23.08.2022 and W.P.No.1015/2023, which was also disposed of vide final order dated 17.01.2023 at Annexures-F and G. It is the grievance of the petitioner that despite the aforesaid facts and circumstances and continuous directions issued by this Court to the respondents, as well as the representation at Annexure-H dated 02.07.2025 submitted by the petitioner to the respondents followed by an e-mail at Annexure-J dated 14.07.2025, the respondents are - 5 - HC-KAR NC: 2025:KHC:40718 WP No. 29284 of 2025 not taking steps to issue and hand over the documents sought in the said representation including the internship completion certificate, NOC etc., in favour of the petitioner, as such, the petitioner is before this Court by way of the present petition. 5. Per contra, learned counsel for the respondents submits that there is no merit in the petition and that the same is liable to be dismissed. 6. A perusal of the previous rounds of litigation between the petitioner and respondents will indicate that the petitioner having completed her MBBS course including internship would be entitled to receive/collect/obtain all relevant documents including the internship completion certificate, NOC etc., to register with the Karnataka State Medical Council to enable her to appear for PG entrance examination and the respondents are not entitled to with hold the same from the petitioner. 7. Under these circumstances, I am of the view that the petition deserves to be allowed by directing the respondents to issue and hand over Internship Completion Certificate, NOC and all other documents referred to in the representation and e-mail at - 6 - HC-KAR NC: 2025:KHC:40718 WP No. 29284 of 2025 Annexures-H and J dated 02.07.2025 and 14.07.2025, within a stipulated timeframe. 8. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The respondents are directed to issue and hand over all original documents, credentials etc., as mentioned in the representation and e-mail including the Internship Completion Certificate and NOC to the petitioner within a period of 15 days from the date of receipt of a copy of this order. (iii) Liberty is reserved in favour of the respondents to take appropriate legal action against the petitioner, in accordance with law and the petitioner would be entitled to defend all such actions, litigations etc. (iv) This order is made without prejudice to the rival contentions in the pending O.S.No.3341/2020 before the City Civil Court, Bengaluru, or any other litigation between the parties. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 58