(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to, issue a writ of mandamus directing Respondent No.2 And 3 to issue hall ticket permit the petitioners to appear for examinations which is commencing from 16/06/2026 provisionally without insisting upon production of original documents & etc.

This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to, issue a writ of direction by way of mandamus to the respondent No.3 to return all the original educational documents and refund the fees of Rs.10,000/- to the petitioner as per in accordance with law & etc.)

Oral Order

1. Writ Petition no.100272/2026 and Writ Petition no.100274/2026 are by students admitted in B.Sc. (Nursing) Course during academic year 2025-26.

2. Sri Hirankumar Patel, learned counsel appearing for Sri Gourishankar H. Mot, learned counsel for petitioners submitted initially petitioners taken admission at Phoenix Institute of Nursing, Shiggaon, Haveri1. However, they had subsequently taken admission at Shakuntala Institute of Nursing Education, Chetana Colony, Vidyanagar, Hubballi2. It was submitted at time of admission at Phoenix Institute they submitted their original testimonials and got admitted at Shakuntala Institute based on photocopies of same. However, for approval of their admission by Rajiv Gandhi University of Health Sciences, original testimonials required to be submitted For short, 'Phoenix Institute' For short, 'Shakuntala Institute' to University through College. On account of non-submission, petitioners apprehended that they would not be permitted to take up examinations, constraining them to approach this Court.

3. Learned Additional Government Advocate appeared for respondent no.1-State.

4. On other hand, Sri Harshawardhan M. Patil, learned counsel for respondent no.3 would submit that petitioners had taken admission to B.Sc. (Nursing) Course at respondent no.3- College. Though they had submitted testimonials, same were forwarded to University along with admission list and they were not in possession of testimonials at present. It was submitted, by taking admission in respondent's Institute and thereafter resiling from same, petitioners had rendered one seat in B.Sc. (Nursing) course at Phoenix Institute vacant and wasted. Same would cause loss of fees of one seat for entire course, and therefore petitioners would be required to indemnify Institute.

5. Sri Avinash Banakar, learned counsel for Respondent -University would submit that relief sought for in writ petitions were misconceived. It was submitted, since petitioners had taken admission at Shakuntala Institute after initially taking admission at Phoenix Institute to appear for Examinations and approval of their admission, all that would be required was a 'No Objection' from Phoenix Institute. In case same is furnished, University would consider approval of their admissions to appear for Examinations. In view of same, WP no.103760 of 2026 would be unnecessary.

6. In reply, learned counsel for petitioners submits that if a direction is issued to respondent no.3 to issue 'No Objection', petitioners would be satisfied.

7. Heard learned counsel and perused material on record.

8. This Court as well as several other High Courts, in innumerable decisions, have time and again held that for any dues from student, Educational Institutions cannot be withhold certificates or testimonials.

9. In view of above, though relief sought is for direction for return of original marks cards to enable petitioners to submit them to University, same would not survive as testimonials are already with University. Therefore, it is found appropriate to dispose of writ petitions by issuing appropriate directions.

10. Accordingly, Writ Petition no.100272/2026 and Writ Petition no.100274/2026 are disposed of by directing Phoenix Institute to issue 'No Objection' to petitioners for their admission with Shakuntala Institute, which shall be without prejudice to their claims against petitioners herein within two weeks from today.

Said 'No Objection' is ordered to be forwarded to University with copies marked to petitioners as well as Shakuntala Institute.

11. It is clarified that in case of default, respondent no.3 - Institute would be liable for damages of ₹25,000/- for each day of default.

12. In view of order passed in WPs no.100272 and 100274 of 2026, WP no.103760 of 2026 would not survive for consideration and is disposed of as such.