Case Note & Summary
The petitioner, Dr. Rekha Walwekar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, seeking to quash two certificates bearing Nos. KIMS:PGS:355:2018-19 and KIMS:PGS:356:2018-19 issued by the Director, Karnataka Institute of Medical Sciences (KIMS), Hubballi. The first certificate was issued to respondent No.7, Dr. Amulya F. Yaraguppi, and the second to the petitioner herself, both dated 20.08.2018. The petitioner contended that these certificates were issued in violation of rules and sought their quashing. The respondents, including the Medical Council of India, Karnataka Medical Council, Director of Medical Education, Vice Chancellor of Rajiv Gandhi Institute of Health Sciences, Director and Principal of KIMS, and respondent No.7, opposed the petition. The court, after hearing the parties and considering the affidavit filed by Dr. Ramalingappa Chanabasappa Antaratani, found that the petitioner had not established any legal right that was infringed. The certificates were issued by the competent authority in compliance with the applicable rules. Consequently, the court dismissed the writ petition, holding that no interference was warranted under the writ jurisdiction. The judgment was delivered by a division bench comprising Justice S.N. Satyanarayana and Justice P.G.M. Patil on 11th September 2019.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Scope of Interference - The petitioner sought quashing of certificates issued by the Director of KIMS in respect of PG medical admission. The court held that the petitioner failed to establish any legal right or violation thereof, and the certificates were issued by the competent authority in accordance with rules. No interference was warranted. (Paras 1-3) B) Medical Education - Admission Certificates - Validity - The dispute pertained to certificates issued to the petitioner and respondent No.7 for PG medical course. The court found no illegality or irregularity in the issuance of the certificates and dismissed the petition. (Paras 1-3)
Issue of Consideration
Whether the certificates bearing Nos. KIMS:PGS:355:2018-19 and KIMS:PGS:356:2018-19 issued by the Director, Karnataka Institute of Medical Sciences, Hubballi to the petitioner and respondent No.7 respectively are liable to be quashed?
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Writ jurisdiction under Articles 226 and 227 of the Constitution of India
- Medical education admission rules
- No legal right established
- Certificates issued by competent authority
- No violation of principles of natural justice
