- 1 - HC-KAR NC: 2025:KHC:46880 WP No. 1578 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1578 OF 2025 (EDN-RES) BETWEEN: N. KRISHNA JOYLIN MONTERIO, D/O VICTOR MONTEIRO, AGED ABOUT 19 YEARS, RESIDENT OF ONIYADKA HOUSE, MACHINA VILLAGE, BALLAMANJA POST, BELTHANGADY TALUK, DAKSHINNA KANNADA DISTRICT - 574 224. …PETITIONER (BY SRI. ABHIJITH K S., ADVOCATE) AND: 1. RAJIV GANDHI UNVIERSITY OF HEALTH SCIENCES, KARNATAKA REPRESENTED BY ITS REGISTRAR 4TH T BLOCK, JAYANAGAR, BENGALURU-560 041. 2. COLACO COLLEGE OF ALLIED HEALTH SCIENCES (A UNIT OF ICMH TRUST), KANKANADY BYPASS ROAD, MANGALORE, DAKSHINNA KANNADA DISTRICT - 575 002, REPRESENTED BY ITS PRINCIPAL. …RESPONDENTS (BY SRI. B.S. SACHIN, ADVOCATE FOR R1, SRI. K. SRIHARI, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REQUEST LETTER ISSUED ON BEHALF OF THE PETITIONER DATED 05/11/2024 PRODUCED AT ANNEXURE-B AND RETURN THE ORIGINAL DOCUMENTS AS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46880 WP No. 1578 of 2025 PER THE DEMAND MADE IN THE SAID LETTER WITHOUT INSISTING FOR PAYMENT OF FULL COURSE FEE. THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “(a) Issue a writ of Mandamus or any other appropriate writ or order, directing the Respondent No 2 to consider the request letter issued on behalf of the petitioner dated 05/11/2024 produced at ANNEXURE -B and return the original documents as per the demand made in the said letter without insisting for payment of full course fee. (b) Pass such other Writ, Order or Direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner had completed her PUC during 2022 and got admitted for B.Sc Nursing course in the stream of Anesthesia and Operation Theatre Technology for the academic years 2023-2027 in petitioner No.2-College, which is affiliated to respondent No.1-RGUHS and - 3 - HC-KAR NC: 2025:KHC:46880 WP No. 1578 of 2025 the petitioner had submitted all the original marks cards viz., SSLC marks card, PUC marks card, transfer certificate and other documents at the time of admission. Thereafter, due to ill health of the petitioner could not continue her studies i.e., B.Sc Nursing course in the stream of Anesthesia and Operation Theatre Technology at respondent No.2-College and requested respondent No.2-College to issue the aforesaid original documents and has also issued a legal notice dated 05.11.2024 in this regard through her counsel. In response thereto, respondent No.2 – College sent a letter dated 03.12.2024 to the petitioner stating that the student should pay the entire course fees and then they would consider the request of the petitioner for return all the original documents. 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 No.2 has replied to the - 4 - HC-KAR NC: 2025:KHC:46880 WP No. 1578 of 2025 legal notice issued by the petitioner’s counsel stating that till payment of entire course fee, they would not consider the request of the petitioner for return of original documents. It is also not disputed that the petitioner had discontinued her studies in respondent No.2-College and therefore, she is seeking return of original documents. 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 respondent No.2 to hand over and return all the documents viz., original SSLC marks mard, PUC marks card and Transfer Certificate etc., submitted/furnished by the petitioner, back to the petitioner within one week from the date of receipt of a copy of this order. - 5 - HC-KAR NC: 2025:KHC:46880 WP No. 1578 of 2025 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 alleged College/tuition fee, if any, subject to all just exceptions and defences available to the petitioner. 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.: 28