- 1 - HC-KAR NC: 2025:KHC:19372 WP No. 2521 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 2521 OF 2023 (EDN-EX) BETWEEN: JEFFY J P AGED ABOUT 24 YEARS REG NO.18 M 3541 SRINIVAS INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE MANGALURU R/A BATHEL HOUSE K S ROAD, KOVALAM TRIVANDRUM KERALA-695527. …PETITIONER (BY SRI. MADANAN PILLAI R., CGSC) AND: 1. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE BANGALORE KARNATAKA - 560 041 REP BY ITS REGISTRAR. 2. SRINIVAS INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE MUKKA, SURATHKAL-PO MANGALURU Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19372 WP No. 2521 of 2023 REP BY ITS PRINCIPAL - 574 146. …RESPONDENTS (BY SMT. FARAH FATHIMA.,ADVOCATE FOR R1; SRI. N. RAVINDRANATH KAMTH, SENIOR ADVOCATE FOR SRI. S.N. RAMPRASAD, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS TO ALLOW THE PETITIONER TO REMIT MBBS EXAM FEE AND FOR APPEARING THE EXAMINATIONS, IN SECOND, THIRD AND FOURTH YEARS; DIRECT THE RESPONDENTS TO ALLOW THE PETITIONER TO COMPLETE THE MBBS DEGREE COURSE TO OBTAIN DEGREE CERTIFICATE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who was in the fourth year of the MBBS course with the second respondent, has filed this petition for directions to the respondents [the University and the Institution] to permit her to remit examination fee and to take up examination for the exams that she had to. The petitioner has also sought - 3 - HC-KAR NC: 2025:KHC:19372 WP No. 2521 of 2023 for directions to the respondents to allow the petitioner to complete the MBBS course and to secure her Degree Certificate. 2. The petitioner, pursuant to this Court's interim order, has appeared for all the examinations and is also successful, and she is presently pursuing her internship. It is now brought on record that the second respondent [the Institution] has filed a Civil Suit in OS No.59/2025 on the file of the Principal Senior Civil Judge, Mangalore, for recovery of Rs.10,20,000/- along with interest asserting that the Institution permitted the petitioner to continue with her course because of an assurance to pay the amount and she has failed to pay the amount. 3. Mr. Ravindranath Kamath, the learned Senior Counsel for the second respondent, submits that the costs that are awarded by this Court to the petitioner [which is subsequent to the initial interim order] is paid. The learned Senior Counsel also - 4 - HC-KAR NC: 2025:KHC:19372 WP No. 2521 of 2023 submits that the second respondent has the benefit of an interim order in OS No.59/2025 restraining the first respondent [the University] from issuing Degree Certificate. Mr. Madanan Pillai R., the learned counsel for the petitioner, while acknowledging that he has received costs as is now permitted, states that the petitioner is yet to be served with the suit summons in OS No.59/2025, and the learned counsel also submits that the petitioner has not been paid stipends for about 5 months and that she is assigned night duty every time and there must be just orders in this regard. 4. Mr. N. Ravindranath Kamath and Mrs.Farah Fatima, the learned counsel for the first respondent, are heard in the light of these circumstances for final disposal of the petition. If the petitioner is permitted to take up exams and she is also successful, the petition to this extent is rendered infructuous and insofar as the petitioner's prayer for - 5 - HC-KAR NC: 2025:KHC:19372 WP No. 2521 of 2023 Degree Certificate, with the intervening commencement of suit in OS No.59/2025 as aforesaid, the petitioner must prosecute the suit and she must have all just liberties in this regard but also as regards her case that she is not paid stipends and assigned onerous responsibilities The petition stands disposed of accordingly. It is needless to observe that the respondents cannot impede the petitioner from completing her internship. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr