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Judgment
S. Abdul Nazeer, J.—Though these matters are posted for orders, by consent of learned Counsel for the parties, they are taken up for final hearing and disposed of by this order.
The Petitioners were admitted to the 3rd Respondent-College for the study of MBBS course for the academic year 2004-05. They have paid the fee in accordance with the consensual agreement arrived at between the college and the State Government. Pursuant to the decision of the Apex Court in P.A Inamdar and Ors. v. State Of Maharashtra [2005(6) SC 537] , the State Government had constituted a fee fixation committee headed by the Hon''ble Mr. Justice H. Rangavittalachar. The Committee submitted its report dated 18.1.2006 fixing the fee payable by the students for the study of MBBS course for the said academic year. The report was challenged by the medical colleges and some of the students before this Court in W.P. No. 5655/2006 and other connected matters. The said writ petitions were disposed of on 9.11.2009 with certain directions. Challenging the aforesaid said orders, the management of the private medical colleges have filed SL Ps before the Hon''ble Supreme Court, which are pending.
The Petitioners contend that the 3rd Respondent-college is not returning their original documents, no due certificates, and the course completion certificates to enable them to register themselves with the Karnataka Medical Council and to pursue their higher studies or career. That is why they have filed these writ petitions for a direction to the college to issue no due certificates, internship completion certificates and all other related documents held by them.
Learned Counsel for the Petitioners submit that this Court has already passed an interim order dated 2.6.2010 directing the 3rd Respondent college to hand over all the original documents and no due certificates to the Petitioners in W.P. Nos. 11401-11434/2010. The Petitioners in W.P. Nos. 36421-36424/2010 were impleaded subsequently. The college is withholding their documents. He further submits that the Petitioners will file an affidavit before this Court undertaking to pay the difference of the fee, if any, in accordance with the decision of the Apex Court in the above SL Ps.
Learned Counsel for the 3rd Respondent submits that since the Petitioners have come forward to file an affidavit undertaking to pay the difference of the fee, in terms of the decision of the Apex Court, the College is ready to return the no due certificates, internship completion certificates and all the other related documents.
In the light of the submission of the learned Counsel, I pass the following order.
(i) The 3rd Respondent-College is directed to return all the original documents, no due certificates and all other certificates held by them to the Petitioners subject to the condition that they shall pay the difference of fee, if any, in terms of the order which may be passed by the Apex Court in the SL Ps referred to above.
(ii) The Petitioners are directed to file an affidavit undertaking to pay the difference of fee in terms of the decision of the Apex Court as above within a period of two weeks from today.
(iii) On filing of the affidavit as above, the 3rd Respondent-College shall return the documents in terms of paragraph-6(i) of this order.
(iv) The writ petitions are disposed of accordingly.
(v) In view of the disposal of the writ petitions as above,
Misc.W. 10485/2010 does not survive for consideration. It is accordingly, dismissed. No costs.