- 1 - HC-KAR NC: 2025:KHC:40716 WP No. 23285 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. 23285 OF 2025 (EDN-RES) BETWEEN: S. K. SANAM, D/O S. K. GOLAM KIBRIA, AGED ABOUT 22 YEARS, RESIDING AT NO 304, MITRA SQUARE APARTMENT, 4TH MAIN ROAD, TAVAREKERE, BRINDAVAN NAGAR, BANGALORE KARNATAKA - 560 029 …PETITIONER (BY SRI. PRADEEP PATIL, ADVOCATE) AND: 1. RAJARAJESHWARI COLLEGE OF NURSING (A UNIT OF RAJARAJESHWARI GROUP PF INSTITUTIONS) NO 202, KAMBIPURA, MYSORE ROAD BANGALORE - 560 079 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR EVALUATION 4TH T BLOCK, JAYANAGAR BENGALURU - 560 041 …RESPONDENTS (BY SRI. CHANDRAKANTH R. GOULAY, ADVOCATE FOR R1; SMT. FARAH FATHIMA, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN NATURE OF MANDAMUS TO THE RESPONDENT NO.1 TO RETURN ALL THE DOCUMENTS FURNISHED IN ANNEXURE-H TO THE PETITIONER. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40716 WP No. 23285 of 2025 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 writ order or direction in nature of mandamus to the respondent no.1 to return all the document furnished in Annexure-H to the petitioner. b. Pass such orders / direction as this honourable court may deem it fir and proper considering the facts and circumstances of this case in the interest of justice and equity." 2. Heard learned counsel for the petitioner, learned counsel for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner had completed her SSLC, 12th Grade and B.Sc Nursing Course. Thereafter, she had joined M.Sc nursing for the academic year 2024-25 in Rajarajeshwari College of Nursing, Bengaluru and had submitted all original marks cards viz., 10th grade, 12th grade, B.Sc and other documents at the time of admission. Thereafter, due to various reasons the petitioner could not continue her studies - 3 - HC-KAR NC: 2025:KHC:40716 WP No. 23285 of 2025 i.e., M.Sc Nursing at respondent No.1-College and submitted a representation dated 09.04.2025 seeking return of the aforesaid original document, but the respondents neither replied to the aforesaid representation nor returned the aforesaid original documents as sought by petitioner. Therefore, since the request of the petitioner seeking return of all the original documents had not been complied by respondents, the petitioner is before this Court by way of the present petition. 4. Per contra, learned counsel for respondent Nos.1 and 2 submit that there is no merit in the petition and the same is liable to be dismissed. 5. A perusal of the material on record will indicate that, it is an undisputed fact that the respondent Nos.1 and 2 has neither replied to the representation given by the petitioner nor has returned the original documents of the petitioner. It is also not disputed that the petitioner had discontinued her studies in respondent No.1-College and therefore she is seeking return of original documents. - 4 - HC-KAR NC: 2025:KHC:40716 WP No. 23285 of 2025 6. Under these circumstances, in the light of the judgments of a Co-ordinate Bench of this Court in the cases of Ms. K.R. Divyashree Vs. The State of Karnataka and others – W.P.No.47380/2017 dated 27.03.2018 and Sushant Deshmukh Vs. The Visveswaraya Technological University and another – W.P.No.62299/2016 dated 06.12.2018, wherein it is held that respondents cannot have any lien on the documents submitted by the petitioner, I deem it just and appropriate to dispose of this petition directing respondents to hand over and return all the documents viz., Original 10th Marks Card, Original 12th Grade Marks Card, B.Sc Marks Card, Course Completion Certificate, KNC Registration Certificate, Provisional Degree Certificate and Experience Certificate etc., submitted/furnished by the petitioner son, back to the petitioner son within one week from the date of receipt of a copy of this order. 7. 7. Liberty is reserved in favour of the respondents to take recourse to such remedies as available in law against the petitioner for recovery of the due College/tuition fee, if any, subject to all just exceptions and defences available to the petitioner. - 5 - HC-KAR NC: 2025:KHC:40716 WP No. 23285 of 2025 8. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 57