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Judgment
Ashok S.Kinagi, J
The petitioner filed this writ petition seeking for mandamus directing the respondent Nos.1 and 2 to release the original marks card and other documents of the petitioner and issue NOC and NDC to the petitioner in pursuance of representation dated 10.07.2023 vide Annexure-A.
Brief facts leading rise to filing of this petition are as under:
The petitioner got admission for MBBS course in respondent No.1- Institution. The respondent No.1 had denied the petitioner to take 3rd year examination. Hence, the petitioner filed W.P.No.51242/2019 and W.P.4219/2021. The said writ petitions came to be disposed of on 19.02.2020 and 25.05.2023. After completion of MBBS course, the petitioner is willing to pursue PG course for which marks card and other documents etc., are required. However, respondent Nos.1 and 2 are not issuing the original documents. Hence, the petitioner submitted a representation to respondent No.1-Institution on 10.07.2023, but there is no response from them. Aggrieved by the same, the petitioner has filed this writ petition.
Heard the learned counsel for the petitioner and learned counsel for the respondent.
Learned counsel for the petitioner submits that the petitioner has completed the course and willing to pursue PG course and requested the respondents to return the original documents, but the respondent Nos.1 and 2 have withheld the original documents. Hence, this writ petition. Further, he has placed reliance of the order passed by the Co-ordinate bench in an identical matter of this court in the case of Ms.Sanjana Harish Vs. The Principal Kempegowda Institute of Medical Sciences passed in W.P.No.10622/2022 disposed of on 16.06.2022 and submits that this writ petition may be disposed of in terms of the order passed in the case of Ms. Sanjana Harish referred (supra). Hence, prayed to allow the writ petition.
Per contra, learned counsel for the respondents fairly concedes that the writ petition may be disposed of in terms of the order passed by the Co-ordinate bench of this Court in the case of Ms. Sanjana Harish referred (supra). Hence, on these grounds, he prays to dismiss the writ petition.
Perused the records and considered the submissions made by learned counsel for the parties.
It is not in dispute that the petitioner was admitted in the respondent No.1- Institution and completed MBBS course. After completion of MBBS course, the petitioner requested the respondent No.1 Institution to handover the original documents. But, the respondent No.1 denied to handover the original documents. Respondent No.1 has illegally withheld the original marks card on the ground that the petitioner owe certain money to respondent No.1- Institution. If the petitioner owe any money to respondent No.1- Institution, it is always open for the respondent No.1 to initiate proceedings to recover the same in accordance with law, but withholding the marks cards for that reason is illegal.
Hence, in view of the above discussion, I proceed to pass the following:
ORDER
Writ petition is allowed.
Respondent No.1-Institution is directed to handover the MBBS, PUC and SSLC marks card of the petitioner including NOC, if the same are in its possession, forthwith. Liberty is reserved in favour of the respondent No.1 to initiate recovery proceedings if the petitioner owe any money.