- 1 - HC-KAR NC: 2025:KHC:37223 WP No. 6813 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.6813 OF 2025 (EDN-RES) BETWEEN: SHASHANK C. S/O. CHANDRASHEKAR T. V. AGED ABOUT 21 YEARS RESIDENT OF #465, A BLOCK SHANESWARA TEMPLE HATTIRA RAMA NAGARA, S.O.G. COLONY DAVANAGERE, BAPUJI VIDYANAGARA DAVANAGERE, KARNATAKA - 577 005. …PETITIONER (BY SRI BRIJESH PATIL, ADVOCATE) AND: 1. THE REGISTRAR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR BENGALURU - 560 041. 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR BENGALURU - 560 041. 3. K.V.G. AYURVEDA MEDICAL COLLEGE AND HOSPITAL AMBATE ADKA, KURUNJIBAG Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37223 WP No. 6813 of 2025 SULLIA, DAKSHINA KANNADA KARNATAKA - 574 327. …RESPONDENTS (BY SMT. SALONI DAGLIYA, ADVOCATE FOR SRI H. S. SUHAS, ADVOCATE FOR R-1 AND R-2; SRI KRISHNAMOORTHY D., ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 21.09.2024, 03.10.2024, 12.01.2025 AND 06.02.2025 AT ANNEXURES - K, L, N AND Q RESPECTIVELY AND CONSEQUENTLY DIRECT THE RESPONDENTS TO ISSUE NO OBJECTION CERTIFICATE (NOC) AND PERMIT THE PETITIONER TO PURSUE HIS SECOND YEAR BACHELOR OF AYURVEDIC MEDICAL SCIENCE (BAMS) COURSE AT ONE OF THE COLLEGES IN DAVANAGERE AND ETC. THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioner, a student of the 3rd respondent- Institution, studying in the second year B.A.M.S. (Bachelor of Ayurvedic Medical Sciences) Course is before this Court seeking a writ of mandamus directing the respondent- University to consider the representations dated 21.09.2024, 03.10.2024, 12.01.2025 and 06.02.2025 at Annexures-K, L, N and Q. The petitioner, in short is - 3 - HC-KAR NC: 2025:KHC:37223 WP No. 6813 of 2025 seeking permission to be transferred from the 3rd respondent-Institution to Ayurvedic Medical College and P.G. Centre, at Dhavangere or Sushrutha Institute of Ayurveda Medical Sciences & Research Center at Davangere. 2. However, during the pendency of this writ petition, the Respondent-University rejected the application filed by the petitioner for transfer and therefore, the petitioner was permitted to raise a challenge to the said order of rejection also. 3. Learned Counsel for the petitioner submits while pointing out to the statement of objections filed at the hands of the respondent-University that only two grounds are raised for rejection of the application filed by the petitioner, namely that the petitioner had to apply for and secure ‘No Objection Certificates’ i.e., from the 3rd respondent-Institution where he is studying and the institutions to which he is seeking transfer. Secondly, the petitioner had to file the application within a period of 1 - 4 - HC-KAR NC: 2025:KHC:37223 WP No. 6813 of 2025 month from the date of announcement of results of the first year examinations, but the petitioner did not file the application within the prescribed time. 4. Learned Counsel for the petitioner has drawn the attention of this Court to the rejoinder filed by the petitioner and submits that ‘No Objection Certificates’ of the two institutions where the petitioner is seeking transfer have been furnished at Annexures-U and V. It is also pointed out from Annexure-W that the request for transfer was given on 30.09.2024, while the results of the examination of the first year were declared on 12.09.2024. It is therefore submitted that both the requirements have been fulfilled. 5. Learned Counsel for the petitioner would further submit that the petitioner has furnished the medical report and the opinion of the Doctors that the petitioner is suffering from depression. 6. Learned Counsel for the respondent-University however submits that the Regulations would require the - 5 - HC-KAR NC: 2025:KHC:37223 WP No. 6813 of 2025 consideration of transfer from one institution to another only under grave circumstances and the medical report furnished on behalf of the petitioner does not disclose such a situation. It is submitted that the petitioner is suffering from depression and that cannot be a reason for transfer. 7. Having heard the learned Counsel for petitioner, learned Counsel for the respondent-University, the learned Counsel for the 3rd respondent-Institution where the petitioner is presently studying and on perusing the petition papers, this Court is of the considered opinion that even if the other requirements such as obtaining No Objection Certificates from the institutions are complied by the petitioner, nevertheless, the final decision has to be taken by the respondent-University having regard to the nature of disability suffered by the petitioner. 8. In that view of the matter, the writ petition stands disposed of directing the Respondent-University to reconsider the application given by the petitioner for transfer. It is made clear that the other requirement like - 6 - HC-KAR NC: 2025:KHC:37223 WP No. 6813 of 2025 the No Objection Certificates from the two institutions and the application to be filed within 1 month, is somewhat fulfilled by the petitioner. All that is required is obtaining an No Objection Certificate from the 3rd respondent- Institution. The University is hereby directed to consider the application of the petitioner on the ground whether it fulfils the requirement of the medical condition of the petitioner and the other circumstances as provided in the Regulation for transfer of the petitioner. Necessary orders shall be passed by the University as expeditiously as possible and at any rate within a period of 3 weeks from the date of receipt of a copy of this order. Ordered accordingly. 9. Pending Interlocutory Applications, if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT:VC