- 1 - NC: 2025:KHC:6941-DB W.P. No.50744/2017 C/W W.P. No.6907/2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.50744/2017 (EDN-RES) C/W WRIT PETITION NO.6907/2018 (EDN-RES) IN W.P. No.50744/2017: BETWEEN: KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES ATHIBABBE ROAD, NEAR BDA COMPLEX BANASHANKARI 2ND STAGE BENGALURU-560 004 REPRESENTED BY ITS PRINCIPAL. …PETITIONER (BY SRI. KESHAVA MURTHY C.N. ADV.,) AND: 1. ADMISSION OVERSEEING COMMITTEE 2ND FLOOR, KEA BUILDING 18TH CROSS, SAMPIGE ROAD MALLESHWARAM, BENGALURU-12 REPRESENTED BY ITS SECRETARY BENGALURU CITY. 2. KAMAL SEHGAL S/O KUMAR SEHGAL MAJOR. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6941-DB W.P. No.50744/2017 C/W W.P. No.6907/2018 3. SAGAR SEHGAL S/O KAMAL SEHGAL AGED ABOUT 21 YEARS. BOTH NO.2 & 3 ARE RESIDING AT NO.2190 SECTOR 16, FARIDABAD HARYANA-121002. …RESPONDENTS (BY SRI. ADITYA NARAYAN, ADV., FOR R2 & R3 SRI. N.K. RAMESH, ADV., FOR R1) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ORDER DTD 04.09.2017 OF AOC WHICH IS PRODUCED AS ANNEXURE-A AS THE SAME IS BEING ARBITRARY, UNREASONABLE AND UNSUSTAINABLE IN LAW, FURTHER IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE & ETC. IN W.P. NO.6907/2018: BETWEEN: SAAGAR SHEGAL S/O SRI. KAMAL SEHGAL AGED ABOUT 21 YEARS H.NO.2190, SECTOR 16 FARIDABAD-121002 HARYANA. ...PETITIONER (BY SRI. ADITYA NARAYAN, ADV.,) - 3 - NC: 2025:KHC:6941-DB W.P. No.50744/2017 C/W W.P. No.6907/2018 AND: 1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE-01. 2. CHIEF SECRETARY DEPARTMENT OF MEDICAL EDUCATION GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-01. 3. ADDITIONAL CHIEF SECRETARY DEPARTMENT OF MEDICAL EDUCATION GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-01. 4. THE VICE CHANCELLOR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES JAYANAGARA 4TH BLOCK BANGALORE. 5. KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES K R ROAD, V V PURAM BANGALORE -04, REPRESENTED BY ITS PRINCIPAL. 6. THE JOINT SECRETARY UNIVERSITY GRANTS COMMISSION (MINISTRY OF HUMAN RESOURCE DEVELOPMENT GOVT OF INDIA) BAHADUR SHAH ZAFAR MARG NEW DELHI-110002. ...RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 TO R3 SRI. N.K. RAMESH, ADV., FOR R4 SRI. C.N. KESHAVAMURTHY, ADV., FOR R5 SRI. H.R. SHOWRI, ADV., FOR R6) - 4 - NC: 2025:KHC:6941-DB W.P. No.50744/2017 C/W W.P. No.6907/2018 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE FIFTH RESPONDENT TO REFUND THE AMOUNT OF SUM OF RS.16,08,050/- (RUPESS SIXTEEN LAKH EIGHT THOUSAND FIFTY ONLY) WITH INTEREST AT THE RATE OF 18% TO THE PETITIONER AS PER THE ORDER OF THE ADMISSION OVERSEEING COMMITTEE AT ANNEXURE-N. ISSUE A WRIT OF MANDAMUS DIRECTING THE FOURTH RESPONDENT TO IMPLEMENT THE REPORT OF ADMISSION OVERSEEING COMMITTEE DATED 11.09.2017 AS PER ANNEXURE-P AND REFUND THE AMOUNT DUE TO THE PETITIONER & ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) It is submitted by the learned counsel appearing for the petitioner-KIMS that demand draft drawn in favour of respondent No.3 herein for an amount of Rs.21,51,059/-, representing the amount due, is being handed over in the Court today. - 5 - NC: 2025:KHC:6941-DB W.P. No.50744/2017 C/W W.P. No.6907/2018 2. Learned counsel appearing for respondent No.3 herein accepts the demand draft drawn in favour of Sri.Sagar Shegal, respondent No.3 in W.P.No.50744/2017. 3. It is recorded that the claim raised by the writ petitioner in W.P.No.6907/2018 stands duly settled by the payment of the amount as recorded above. 4. Both the writ petitions are disposed of on the basis of the payments as recorded hereinabove. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 6