Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35568-DB WP No. 17017 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO.17017 OF 2025 (EDN-RES) BETWEEN:
DR. PRAVEEN KUMAR S.P.
S/O. PANCHAKSHARI S.S.
AGED ABOUT 35 YEARS RESIDENT OF 7-55, 1 SHIVAKRUPA COMPOUND LAXMINAGARA, UPPINANGADY PUTTUR KARNATAKA 574 241.
…PETITIONER (BY SRI BHOOMIKA N., FOR SRI K. GURUDHATTA, ADVOCATES) AND:
1.
THE PRINCIPAL AL AMEEN MEDICAL COLLEGE AND HOSPITAL ATHANI ROAD VIJAYAPUR-586 108.
2.
THE REGISTRAR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH 'T' BLOCK, JAYANAGAR BENGALURU - 560 041.
3.
THE DEAN RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH 'T' BLOCK, JAYANAGAR BENGALURU-560 041.
Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:35568-DB WP No. 17017 of 2025
4.
THE SECRETARY GENERAL NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8 DWARKA PHASE-1 NEW DELHI - 110 077.
5.
THE SECRETARY UNIVERSITY GRANTS COMMISSION BAHADUR SHAH ZAFAR MARG NEW DELHI-110 002.
6.
THE DIRECTOR DIRECTORATE OF MEDICAL EDUCATION FORT, K.R. ROAD BENGALURU-560 002. …RESPONDENTS (BY SRI K.N. KHETTY, ADVOCATE FOR R-4;
SRI SARAVANA P., ADVOCATE FOR R-5;
SRI SUDEV HEGDE, AGA FOR R-6;
VIDE ORDER DATED 4-8-2025, FARAH FATHIMA, ADVOCATE FOR R-2 AND R-3;
R-1 THE PRINCIPAL, AL AMEEN MEDICAL COLLEGE AND HOSPITAL, VIJAYAPUR IS SERVED AND UNREPRESENTED)
* * *
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS LEGAL NOTICE CUM REPRESENTATION DATED 9-3-2024 VIDE ANNEXURE-C DIRECT THE RESPONDENT TO PAY THE UNPAID/ PART PAID STIPEND AS PER THE ABOVE SAID LEGAL NOTICE CUM REPRESENTATION AS HE LEGALLY ENTITLED AND THEREBY EXTEND THE CONTRACT FOR A FURTHER A PERIOD OF ONE YEAR EFFECTIVE FROM 23-5-2025.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:35568-DB WP No. 17017 of 2025
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH)
The petitioner has completed his post-graduate degree - MS (General Surgery) from respondent No.1 - AI Ameen Medical College and Hospital, Vijayapur. The petitioner, as per the mandatory requirement, worked as full-time Resident Doctor in respondent No.1 - College from 03.05.2019 to
21.05.2022. According to the petitioner, for the said period the petitioner was entitled for a stipend as per Annexure - B. However, this stipend has not been paid to the petitioner. Therefore, the legal notice was issued on behalf of the petitioner dated 09.03.2024 (Annexure - C). Despite the said legal notice, the petitioner's stipend has not been paid and therefore, the petitioner has approached this Court for the following prayers: i. Issue a writ in the nature of mandamus directing the respondents legal notice cum representations dated 09.03.2024 vide Annexure C, direct the respondent to pay the unpaid/part paid stipend as per the above said legal notice cum representation as he legally entitled and thereby extend the contract for a further a period of one year effective from 23.05.2025. - 4 -
HC-KAR NC: 2025:KHC:35568-DB WP No. 17017 of 2025
ii. To grant such other reliefs as this Hon'ble Court deems fit in the circumstances of the case and allow the above writ petition with costs to meet the ends of justice and equity. 2. On the said representation, the Directorate of Medical Education has issued a letter to respondent No. 1 - College to respond to the legal notice dated 09.03.2024 issued on behalf of the petitioner. Despite the said direction by the Directorate of Medical Education dated 06.04.2024 to respondent No. 1, no action has been taken by the said College. 3. We are of the considered view that it is the duty of the State Government to ensure that the stipends to the students are paid by the Medical Colleges, including the private Medical Colleges. When the respondent - College has not responded to the Communication issued by the Directorate of Medical Education dated 06.04.2024, it was incumbent upon the Directorate of Medical Education to take appropriate action and ensure the payment of his stipend to the petitioner. 4.
Considering the aforesaid fact and submission, we deem it appropriate to dispose of this Writ Petition, directing
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HC-KAR NC: 2025:KHC:35568-DB WP No. 17017 of 2025
the Director of Medical Education, the Government of Karnataka to take appropriate action against respondent No.1 - College and ensure the payment of stipend to the petitioner expeditiously, preferably within a period of six weeks from today. The Directorate of Medical Education will verify the claim of the petitioner and ensure timely action for making payment of stipend to the petitioner by respondent No.1 as
directed above.
Sd/- (D K SINGH) JUDGE
Sd/- (VENKATESH NAIK T) JUDGE
AM List No.: 1 Sl No.: 32