Read Time: 06 minutes

Justice Krishna Dixit of Karnataka High Court today warned a lawyer for seeking the court’s permission to withdraw a writ petition after dictation of orders. The court had heard the writ petition for 20 minutes before dictating the orders.

The writ petition pertained to the regularisation of admission of six students who were admitted in excess of their approved number of seats at Basavesvara Medical College, Chitradurga.

The counsel for the petitioner argued that the Rajeev Gandhi University of Health Sciences  has declined to approve the admissions on ground of excess intake. The counsel further contended that there was a communication gap between the college and the university as the college had sought for the permission of the university prior to admitting the students. The counsel further argued that some relaxation as to the intake capacity can be done by the university and hence they have filed the present writ petition.

The court on hearing the counsel held that it declines to entertain the plea of the petitioner on the sole ground that when there is a prescribed intake capacity mere admission of students cannot be a countenance to it. The court further held that the contention that a fine can be paid to regularise their admission is illegal and should not be done.

The court noted that a similar question raised before a  Division Bench of the High Court  and the relief was denied to the institution and a cost was levied on them. The court held that this being the position, granting such a relief will run against the order of the division bench.

The court while rejecting the submission of the petitioner that a coordinate bench has granted an interim arrangement in the case can never be the guiding factor for deciding the matter. The court noted that given that the interim arrangement was passed by a vacation bench the pressure on the vacation judge and  the hurry of the vacation might have made the bench pass such an order. The court further held that it hardly needs to be stated that an interim order cannot be guided as a precedence.

After dictating the above order, the counsel for the petitioner sought for the court’s permission to withdraw the writ petition.

A visibly upset Justice Krishna Dixit noted, “The court has spent 20 minutes on this case! This may affect your career. Please understand this is very unprofessional.”


The court however permitted the withdrawal of the writ petition and directed the registry to forward a copy of the order to the university and the Directorate of Health Sciences.

Cause title: Sanjeev Shukla Vs Rajeev Gandhi University of Health Sciences