High Court of Karnataka heard two writ petitions seeking mandamus for admission to medical colleges for the 2017-18 academic year. The court held that as no interim order was granted, the petitions were dismissed as having become infructuous by efflux of time.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2021
PRESENT
THE HON’BLE MR.JUSTICE ALOK ARADHE
AND
THE HON’BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO.38594/2017 (EDN- MED ADM)
C/W
WRIT PETITION NO.38314/2017 (EDU-MED ADM)
IN WP NO.38594/2017:
BETWEEN:
(BY SRI. AJOY KUMAR PATIL, ADV.)
AND:
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REPRESENTED BY ITS PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE, SERVICES (MEDICAL EDUCATION), VIKAS SOUDHA, DR.BR AMBEDKAR VEEDHI, BENGALURU - 560 001
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NAVODAYA NAGAR, RAICHUR - 581 403 REPRESENTED BY ITS DIRECTOR IP & SA AND AUTHORISED SIGNATORY, SHRI P-VIJAYKUMAR SON OF SHRI PERIASWAMY, AGED 40 YEARS
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... RESPONDENTS
(BY SRI. LAXMINARAYANA - AGA FOR R1 AND R2 SRI. N.K. RAMESH- ADVOCATE FOR R-3, 4, R10 SRI. N.R. BHASKAR - ADVOCATE FOR R-5, SRI. AKASH B. SHETTY ADVOCATE FOR R-6, R-7. SRI. N. KHETTY - ADVOCATE FOR R-11 SRI. NISHANTH A.V. ADVOCATE FOR R-12. R-8,9 - SERVED)
THIS W.P. IS FILED UNDER ARTCLES 226 AND 227 OF THE CONSTITUTION OF INDIIA PRAYING TO DIRECT THE R-3 TO ISSUE ADMISSION ORDERS TO THE PETITIONERS FOR ADMISSION TO THE R-7 AND R-9 COLLEGES RESPECTIVELY FOR THE 1ST YEAR MBBS COURSE FOR THE ACADEMIC YEAR 2017-18 AS PER THE COUNSELING CONDUCTED IN THE MOP UP ROUND ON 27.8.2017 AND IN ACCORDANCE WITH THE DIRECTION ISSUED BY THE HON'BLE COURT IN ITS ORDER DTD.30.1.2017 VIDE ANNEX-C AND D.
IN WP NO.38314/2017:
BETWEEN:
ASHWINI D/O VAIJINATH
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AGED ABOUT 21 YEARS, OCCU:STUDENT, H.NO.9-350/8/77, NEAR CHANNAMALLESHWAR TEMPLE, SHAH BAZAR KALABURAGI - 585 101
....PETITIONER
(BY SRI: KUMARA K.G., ADVOCATE)
AND:
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COLLEGES, IN KARNATAKA UNIT NO.205, LAKSHMI APARMENT NO.6, CORNWELL ROAD, LANGFORD GARDEN, RICHMOND TOWN, BENGALURU - 560 025, REPRESENTED BY ITS SECRETARY.
... RESPONDENTS (BY SRI: LAXMINARAYANA - AGA FOR R1 TO 4. SRI. N. KHETTY, ADVOCATE FOR R3 SRI. N.K. RAMESH, ADVOCATE FOR R5 SRI. AKASH SHETTY, ADVOCATE FOR R6 TO 8 SRI. N.R. BHASKAR, ADVOCATE FOR R6)
THIS W.P. IS FILED UNDER ARTCLES 226 AND 227 OF THE CONSTITUTION OF INDIIA PRAYING TO DIRECT R-5 BY ISSUING WRIT OF MANDAMUS TO ALLOT ONE MEDICAL SEAT IN THE R-8 COLLEGE TO THE PETITIONER FOR THE FIRST YEAR MBBS AND ETC.,
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THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ALOK ARADHE. J., MADE THE FOLLOWING:
COMMON ORDER
None for the petitioners.
have sought the issuance of writ of mandamus to respondent No.3 to give admission to the petitioners in the college run by 7th and 9th respondent in W.P. No.38954/2017 and also to issue direction to respondent No.5 to give admission to the petitioner in the college run by 8th respondent in W.P. No.38314/2017 for the first year MBBS for the academic year 2017-2018 as per the counseling conducted in the Mop up round on 27.08.2017.
efflux of time, nothing survives for adjudication in the writ
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petition. In the result, the writ petition is dismissed as having become infructuous.
Sd/JUDGE
Sd/JUDGE
BS
1 issue framed by the court
Whether the writ petitions seeking admission orders for medical seats remain admissible after the expiration of the admitted round.
1 provisions across 1 enactments
Soubhagya Sharanappa Beleri
Sachin Reddy
Ashwini
The State of Karnataka
Karnataka Examinations Authority
Navodaya Education Trust
Alokr Adhe
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
