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2006 DIGILAW 245 (KAR)

SUDHA B. MATTIGATTI v. DIRECTOR, DIRECTORATE OF MEDICAL EDUCATION, BANGALORE

2006-03-03

N.K.PATIL

body2006
ORDER In this writ petition, petitioner has sought for a direction, directing the respondents 2 and 3 to release the fees amount of Rs. 1,35,000/- to the petitioner that she has already deposited with the 1st respondent at the time of allotment, for the year 2004-05 and also to direct 1st respondent to sanction the fees of the petitioner for a sum of Rs. 1,35,000/- and further to issue a writ in the nature of mandamus to the respondents 2 and 3 to release the said amount for the academic year 2005-06. 2. Learned Counsel for the petitioner has submitted that, prayer B sought for by the petitioner does not survive for consideration, on the ground that, already first respondent has passed the order sanctioning the fee of Rs. 1,35,000/- for the academic years 2004-05 and 2005-06. Hence, prayer B sought for by the petitioner may be dismissed as having become infructuous. The above submission made by the learned Counsel for the petitioner is paced on record. Accordingly, prayer B sought for by the petitioner in this writ petition is dismissed as having become infructuous. 3. Insofar as prayer A is concerned, the grievance of the petitioner is that, she is a student and presently prosecuting her post-graduation programme in Dental Sciences in P.M. Nadagouda Memorial Dental College and Hospital, Bagalkot. Petitioner has appeared for the State PG Entrance Examination and she was allotted the seat at P.M. N adagouda Memorial Dental College and Hospital, Bagalkot under Category I for the academic year 2004-05, as per allotment intimation vide Annexure-A and now she is pursuing her PG program in the said college and she is eligible for full scholarship as per the Government Order dated 20th January, 1995 vide Annexure-D and the first respondent has already passed necessary orders, sanctioning fee of Rs. 1,35,000/- for the academic year 2004-05. But the said amount has not been released in favour of the college by the respondents 2 and 3 so far. The college authorities has also sent a communication to the 3rd respondent to release the amount and deposit the same in the college. 1,35,000/- for the academic year 2004-05. But the said amount has not been released in favour of the college by the respondents 2 and 3 so far. The college authorities has also sent a communication to the 3rd respondent to release the amount and deposit the same in the college. Thereafter, petitioner has also sent a communication dated 18-1-2006 vide Annexure-J. But in spite of her oral and written requests to the 2nd respondent the said amount is not released in favour of the college and the college authorities are forcing her to pay the amount, otherwise they will discontinue her studies. Therefore, petitioner has presented this writ petition, seeking appropriate direction. 4. I have heard the learned Counsel for the petitioner and learned Additional Government Advocate for respondents. After careful perusal of the materials available on record, it emerges that, petitioner has appeared in the PG Entrance Examination, she has been allotted a seat in the college as referred above and now she is prosecuting her PG Course in Dental Sciences. Inspite of the order passed by the first respondent vide Annexure-D, dated 20-1-1995 and subsequently another fresh order sanctioning the fee of Rs. 1,35,000/- for the academic years 2004-05 and 2005-06, the respondents 2 and 3 have not released the said amount to the college wherein the petitioner is studying. In view of non-implementing the orders passed by the first respondent and in view of non-compliance of the directions issued by the first respondent by the respondents 2 and 3, petitioner has approached this Court, by way of filing this writ petition. It is duty cast on the respondents 2 and 3 to implement the orders passed by the first respondent. During the course of his submission, learned Counsel for the petitioner has pointed out that, already director has passed an order releasing the amount for the two academic years as referred above. If that is so, respondents 2 and 3 are hereby directed to release the said amount of Rs. 1,35,000/- towards fee of the petitioner for the academic years 2004-05 and 2005-06 immediately, to enable the petitioner to prosecute her studies, without any hurdles or pressure from the college authorities and take appropriate decision as expeditiously as possible, within four weeks from the date of receipt of the copy of this order. 1,35,000/- towards fee of the petitioner for the academic years 2004-05 and 2005-06 immediately, to enable the petitioner to prosecute her studies, without any hurdles or pressure from the college authorities and take appropriate decision as expeditiously as possible, within four weeks from the date of receipt of the copy of this order. If there is any delay in taking the decision by the respondents 2 and 3, it is very ml1~h open for them to communicate the same to the college authorities, wherein petitioner is prosecuting her studies and not to pressurize her to pay the fee. With these observations, the writ petition stands disposed of.