- 1 - HC-KAR NC: 2025:KHC:29460-DB WP No. 1135 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 1135 OF 2025 (EDN-RES) BETWEEN: 1. DR. VISHWAS PADUKONE AGED 25 YEARS S/O RAJEEVA PADUKONE NO.4/61, GOPIMANE PADUKONE NADA KARNATAKA-576230 2. DR. R SHYLA SHREE AGED 25 YEARS D/O K RAMESH KUMAR NO.48/1, 28TH MAIN ROAD OPP. TO UJALA FACTORY HOSAPALYA HSR LAYOUT, BANGALORE-560068 3. DR. AJAY STEPHEN AGED 25 YEARS S/O SEEMAICHAMY NO.4, 6TH CROSS VIGNANNAGAR BENGALURU-560075 4. DR. ALFRED JULIAN .J AGED 26 YEARS S/O G. JAYA KUMAR M043 NEAR MYSORE HALL MARIKUPPAM POST OFFICE KOLAR GOLD FIELD'S KARNATAKA-563119 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29460-DB WP No. 1135 of 2025 5. DR. SACHIN .S AGED 25 YEARS S/O SHANTHAKUMAR S NO.6, 1ST FLOOR, SRI SAI GRUHA 1ST MAIN, 2ND CROSS, KAVERINAGAR KAVALBIRASANDRA R.T. NAGAR POST BANGALORE-560032 6. DR. PUNYA S VASAN AGED 25 YEARS D/O G S VASAN NO. 590, 3RD MAIN, A BLOCK 2ND STAGE, RAJAJINAGAR BANGALORE-560010 7. DR. SACHINREDDY AGED 25 YEARS S/O ANNAREDDY NO. 83/1, AT POST KITTA TQ BASAVAKALYAN DISTRICT BIDAR KARNATAKA-585327 8. DR. NIHAL M RATNAKAR AGED 25 YEARS S/O MILIND RATNAKAR 1ST FLOOR, RENUKA ENTERPRISE OPPOSITE TO SACHIN PATIL CLINIC NEAR GOVT URDU SCHOOL JAMBOTI ROAD, PEERANWADI BELGAUM, KARNATAKA-590014 9. DR. SHRITHI K AGED 25 YEARS D/O UMESH K 5-1317/C ASHAYA HOUSE BAPPALIGE NEAR BYPASS ROAD PUTTUR, KARNATAKA-574201 - 3 - HC-KAR NC: 2025:KHC:29460-DB WP No. 1135 of 2025 10. DR. SHRINIVAS BIRADAR AGED 25 YEARS S/O NINGANAGOUDA BIRADAR 1/1 SOLAPUR ROAD DIST: VIJAYAPUR TQ:VIJAYAPUR DOMANAL KARNATAKA-586117 11. DR. KARUNYA H AGED 25 YEARS D/O HANUMANTHAIAH C M NO.633, OPP TO RTO SHANKARA VIDHYALAYA SCHOOL ROAD 3RD CROSS, 2ND HOUSE KOLAR-563101 12. DR. SHAMA S N AGED 25 YEARS D/O C. NAGEGOWDA THORESHETTAHALLI ATHAGUR ROAD, MADDUR MANDYA, KARNATAKA-571476 13. DR. SHRUTI AGED 25 YEARS D/O HANMANRHRAO M NO.19-5-9, "MOKTEDAR NIVAS" MADHAV NAGAR (NAUBAD) BIDAR …PETITIONERS (BY SRI S SATHYARTHY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY HEALTH AND FAMILY WELFARE SERVICES (MEDICAL EDUCATION) - 4 - HC-KAR NC: 2025:KHC:29460-DB WP No. 1135 of 2025 VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001 2. THE DIRECTOR OF MEDICAL EDUCATION ANAND RAO CIRCLE BENGALURU-560 009 3. KARNATAKA EDUCATION AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU-560 012 REPRESENTED BY ITS ADMINISTRATIVE OFFICER 4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH 'T' BLOCK, JAYANAGAR BENGALURU -560 041 REPRESENTED BY ITS REGISTRAR 5. RAJARAJESHWARI MEDICAL COLLEGE AND HOSPITAL NO.202, KAMBIPURA VILLAGE COLLEGE CAMPUS, MYSURU ROAD BENGALURU-560 074 REPRESENTED BY ITS PRINCIPAL 6. CHAIRMAN RAJARAJESHWARI MEDICAL COLLEGE AND HOSPITAL NO.202, KAMBIPURA VILLAGE COLLEGE CAMPUS, MYSURU ROAD BENGALURU-560 074 …RESPONDENTS (BY SRI SUDEV HEGDE, AGA FOR R-1 AND R-2; SRI N.K. RAMESH, ADVOCATE FOR R-3; SMT. FARAH FATHIMA, ADVOCATE FOR R-4; SRI CHANDRAKANTH R. GOULAY, ADVOCATE FOR R-5; R-6 - SERVED AND UNREPRESENTED) - 5 - HC-KAR NC: 2025:KHC:29460-DB WP No. 1135 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE 5TH RESPONDENT COLLEGE TO REFUND THE AMOUNTS COLLECTED FROM THE PETITIONERS IN EXCESS OF THE AMOUNT OF FEE PRESCRIBED AND STIPULATED BY THE GOVERNMENT AND THE KEA IN ANNEXURE-C FOR THE YEAR 2017-2018 ALONG WITH 12 PERCENT INTEREST PER ANNUM AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 petitioners have completed their MBBS course from the 5th respondent-Rajarajeshwari Medical College and Hospital in the year 2022. They took admission during the academic year 2017-18 under Government quota as well as Management quota. As per the Consensual Agreement dated 14.07.2017 between the Government of Karnataka and the Karnataka Professional Colleges Foundation (KPCF) in the matter of - 6 - HC-KAR NC: 2025:KHC:29460-DB WP No. 1135 of 2025 regulating admissions and fee structure for the Undergraduate Courses in Private Professional Colleges of Medicine for the academic years 2017-18, 2018-19 and 2019-20, the tuition fee was fixed for the Government quota in private colleges at Rs.77,000/- per year, for the Management quota at Rs.6,32,500/- per year and for the NRI seats, the Managements were given discretion, however, the details of fees component-wise were required to be furnished to the State Government in advance. The summary of tuition fee and percentage of MBBS seats which is part of the Consensual Agreement referred to above is given hereunder: Category Govt. Quota in Private colleges 40% Private seats 40% NRI 15% 5% of the seats Fee Rs.77,000/- per year. Not Exceeding Rs.6,32,500/- per year. The details of fees component wise shall be furnished to the State Government in advance. 2. The grievance of the petitioners is that respondent No.5- College has collected more fees from them than prescribed under the Consensual Agreement. - 7 - HC-KAR NC: 2025:KHC:29460-DB WP No. 1135 of 2025 3. The issue involved in this writ petition is no longer res integra in view of the judgment of the Co-ordinate Bench of this Court dated 04.06.2025 passed in W.P.No.2095/2025 in respect of the students of the same batch as of the petitioners in respect of the same college. The Co-ordinate Bench, in its judgment, has allowed the writ petition and directed the respondent-College and its management to refund the excess fees collected from the petitioners for the academic years 2018-19 to 2022-23 with interest @6% per annum. 4. Although the learned counsel for the respondent-College has disputed the claim of the petitioners for refund of the excess fee but does not have answer to the aforesaid judgment of the Co-ordinate Bench. 5. We, therefore, respectfully follow the judgment dated 04.06.2025 of the Co-ordinate Bench in W.P.No.2095/2025 and allow the present writ petition directing respondent Nos.5 and 6 to refund the excess fees collected from each of the petitioners than prescribed under the Consensual Agreement extracted hereinabove for the academic years 2017-18 to 2022-23 with - 8 - HC-KAR NC: 2025:KHC:29460-DB WP No. 1135 of 2025 interest @6% per annum from the date of collection till the date of refund, within a period of eight weeks. The petitioners shall intimate the judgment passed today to respondent Nos.5 and 6 for necessary compliance. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE BKV List No.: 1 Sl No.: 78