Single bench dismissed writ petitions against the Karnataka Examination Authority regarding NEET seat allotment as infructuous after a subsequent Division Bench order in related W.P. Nos.39109-39110/2017 rendered the legal issues academic.
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.57941/2017 (EDN-MED-ADM)
C/W
WRIT PETITION NOS.57943/2017 AND
57946/2017(EDN-MED-ADM)
IN WP NO.57941/2017:
BETWEEN:
KUM. ADITI. R. PRASAD AGED ABOUT 17 YEARS, MINOR REP. BY HER NATURAL GUARDIAN-FATHER, DR. RUDRAPRASAD. V.C. D/O. DR. RUDRAPRASAD. V.C. C/O. J.J.M. MEDICAL COLLEGE, RESIDENT OF RATHNAMMA HOSTEL, FOR WOMEN, KEB CIRCLE, PJ EXTENSION, DAVANAGERE - 577 002.
... PETITIONER
(BY SRI: RAMESH K.S., ADVOCATE)
AND:
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VIDHANASOUDHA, AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE PRINCIPAL SECRETARY DEPARTMENT OF MEDICAL EDUCATION, VIDHANA SOUDHA, AMBEDKAR-VEEDHI, BANGALORE - 560 001. 3. KARNATAKA EXAMINATIONS AUTHORITY REP. BY THE EXECUTIVE DIRECTOR, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 003. 4. KUM. NANDITHA. C. AGED ABOUT 18 YEARS, D/O. NOT KNOWN TO THE PETITIONER, C/O. THE PRINCIPAL, KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 85364)
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SCIENCES AND RESEARCH CENTER, BANGALORE - 560 001 (NEET ALL INDIA RANKING - 85612)
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SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 86644)
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C/O. THE PRINCIPAL, KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 88702)
(BY SRI. LAXMINARAYANA, AGA FOR R1, R2 SRI. N.K. RAMESH, FOR R3. U/O DTD. 27.06.2019 NOTICE TO R4 TO R20 DISPENSED WITH)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT AGAINST THE R- 3 IN TERMS OF THE FOLLOWING QUASH ANNX-A DTD 22.08.2017 ISSUED BY THE R-3 VIRTUALLY PROHIBITING THE PETITIONER FROM APPEARING IN THE MOP UP ROUNDS CONDUCTED BY THE R-3 BETWEEN 26.08.2017 AND 28.08.2017 AND IN THE EXTENDED MOP UP ROUND HELD BY THE R-3 ON 31.08.2017 AND ONLINE OPTION ENTRY FOR ADMISSION TO KANACHUR INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTER, MANGALORE WHICH IS HELD BY THE R-3 BETWEEN 1.9.2017 AND 3.9.2017 WHICH IS CONTRARY AND IN CONTRAVENTION IN ANNX-F DTD 21.08.2017 ISSUED BY THE VERY R-3 RELATING TO THE ADMISSION OF STUDENTS TO THE M.B.B.S. COURSE AND ISSUE THE NECESSARY DIRECTION TO THE R-3 TO ISSUE THE ADMISSION ORDER, ADMITTING THE PETITIONER TO ANY PRIVATE MEDICAL COLLEGE OF THE STATE IN GOVERNMENT QUOTA UNDER THE GM CATEGORY BY CANCELLING THE ALLOTMENT BY CANCELLING THE ALLOTMENT OF MEDICAL SEAT MADE BY THE R-3 TO ANY ONE OF THE R-4 TO 20 FOR THE ACAMDEMIC YEAR
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2017-18 SINCE THEIR SINCE THEIR NEET ALL INDIA RANKING IS MUCH LOWER THAN THAT OF THE PETITIONER.
IN WP NO.57943/2017:
BETWEEN:
KUM. ANKITHA. K. AGED ABOUT 19 YEARS D/O SRI. N. KUMAR, C/O SRI. ARAVINDA "CAUVERY NILAYA, 3RD CROSS, 3RD MAIN, HOYSALA NAGARA, P.C. PALYA MAIN ROAD, RAMAMURTHY NAGARA, BENGALURU - 560 078 ....PETITIONER
(BY SRI: RAMESH K.S. ADVOCATE) AND:
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S/O NOT KNOWN TO THE PETITIONER THE PRINCIPAL C/O THE ADICHUNCHANAGIRI INSTITUTE OF MEDICAL SCIENCES & RESEARCH CENTER NEAR BELLUR CROOS, SSSMANDYA DISTRICT - 572 201 (NEET ALL INDIA RANKING-82402)
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TUMKUR - 572 201 (NEET ALL INDIA RANKING - 83674) 9. KUM. SONIKA. M.C. AGED ABOUT 19 YEARS D/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 83950) 10. KUM. GREASHMA. H. AGED ABOUT 19 YEARS D/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 84241) 11. KUM. PURVI. P. SUBEDARPAGE AGED ABOUT 19 YEARS D/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 84296) 12. KUM. AKSHATHA. M. AGED ABOUT 19 YEARS D/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 84466) 13. KUM. NANDITHA. C.
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AGED ABOUT 18 YEARS D/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 85364) 14. AKASHAY K.V. AGED ABOUT 18 YEARS S/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL EAST POINT COLLEGE OF MEDICAL SCIENCES AND RESEARCH CENTER, BANGALORE - 560 001 (NEET ALL INDIA RANKING - 85509) 15. KUM. VARSHA. V. AGED ABOUT 18 YEARS D/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL EAST POINT COLLEGE OF MEDICAL SCIENCES AND RESEARCH CENTER, BANGALORE - 560 001 (NEET ALL INDIA RANKING - 85612) 16. KUM. SNEHA .N.S AGED ABOUT 18 YEARS D/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL, EAST POINT COLLEGE OF MEDICAL SCIENCES AND RESEARCH CENTER, BANGALORE - 560 001 (NEET ALL INDIA RANKING - 86231) 17. MR. N.S. GAURAV SATHVIC AGED ABOUT 18 YEARS S/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL, KANACHUR INSTITUTE OF MEDICAL
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SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 86312) 18. MR. MAHANTESH DESAI AGED ABOUT 18 YEARS S/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 86429) 19. MR. M.P. ADHARSHA AGED ABOUT 18 YEARS S/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 86644) 20. MR. GAGAN KUMAR H A AGED ABOUT 18 YEARS S/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL, EAST POINT COLLEGE OF MEDICAL SCIENCES AND RESEARCH CENTER BANGALORE - 560 001 (NEET ALL INDIA RANKING - 86690) 21. MR. RUTHWIK. B. AGED ABOUT 18 YEARS S/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL AKASH INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER BANGALORE - 560 001 (NEET ALL INDIA RANKING - 86897)
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SRINIVASA INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 88499) 27. KUM. KASINA BILWIKA AGED ABOUT 18 YEARS D/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 88575) 28. KUM. SRIDEVI NANDEESH HIREMATH AGED ABOUT 18 YEARS D/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 88702) 29. MR. VISHAL RATHWAL AGED ABOUT 18 YEARS S/O NOT KNOWN THE PETITIONER C/O THE PRINCIPAL KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER MANGALORE - 575 101 (NEET ALL INDIA RANKING - 89344) ...RESPONDENTS (BY SRI: LAXMINARAYANA - AGA FOR R1, R2 SRI. N.K. RAMESH, ADVOCATE FOR R3 V/O DTD. 27.06.2019 NOTICE TO R4 TO 29 DISPENSED WITH)
THIS W.P. IS FILED UNDER ARTCLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT AGAINST THE 3RD RESPONDENT. QUASH ANNX-A DTD 22.08.2017
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ISSUED BY THE 3RD RESPONDENT VIRTUALLY PROHIBITING THE PETITIONER FROM APPEARING IN THE MOP UP ROUNDS CONDUCTED BY THE 3RD RESPONDENT BETWEEN 26.08.2017 AND 28.08.2017 AND IN THE EXTENDED MOP UP ROUND HELD BY THE 3RD RESPONDENT ON 31.08.2017 AND THE ONLINE OPTION ENTRY FOR ADMISSION TO KANCHUR INSTITUTE OF MEDICAL SCIENCES' AND RESEARCH CENTER, MANGALORE WHICH WAS HELD BY THE 3RD RESPONDENT BETWEEN 1.9.2017 AND 3.9.2017 WHICH IS CONTRARY AND IN CONTRAVENTION OF ANNX-G DTD 17.08.2017 ISSUED BY THE VERY SAME 3RD RESPONDENT RELATING TO THE ADMISSION OF STUDENTS TO THE FIRST YEAR M.B.B.S COURSE.
IN WP NO.57946/2017:
BETWEEN:
KUM. VARSHITHA. V. AGED ABOUT 17 YEARS MINOR REP. BY HER NATURAL GUARDIAN FATHER SRI. VASANTHA KUMAR. J C/O AIMS HOSTEL FOR WOMEN B.G. NAGAR, NAGAMANGALA TALUK, MANDYA DISTRICT - 5701 448 (NEET ALL INDIA RANKING - 87699)
...PETITIONER
(BY SRI: RAMESH K S ADVOCATE)
AND:
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BANGALORE - 560 001.
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MANGALORE - 575 101 (NEET ALL INDIA RANKING - 88499) 8. KUM. KASINA BILWIKA AGED ABOUT 19 YEARS D/O NOT KNOWN TO THE PETITIONER C/O THE PRINCIPAL KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 88575) 9. KUM. SRIDEVI NANDEESH HIREMATH AGED ABOUT 19 YEARS D/O NANDEESH HIREMATH C/O THE PRINCIPAL KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 88702) 10. MR. VISHAL LATHWAL AGED ABOUT 19 YEARS S/O NOT KNOWN TO THE PETITIONER C/O THE PRINCIPAL KANACHUR INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTER, MANGALORE - 575 101 (NEET ALL INDIA RANKING - 89344) ...RESPONDENTS (BY SRI: LAXMINARAYANA, AGA FOR R1, R2 SRI. N.K. RAMEH, ADVOCATE FOR R3 V/O DTD 27.06.2019 NOTICE TO R4 TO 10 DISPENSED)
THIS W.P. IS FILED UNDER ARTCLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT AGAINST THE R-3 FOR QUASHING ANNX-A DTD 22.08.2017 ISSUED BY THE R-3 VIRTUALLY PROHIBITING THE PETITIONER FROM APPEARING IN THE MOP UP ROUNDS CONDUCTED BY THE R-3 BETWEEN 26/8/2017 AND 28/8/2017 AND IN THE EXTENDED
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MOP UP ROUND HELD BY THE R-3 ON 31.08.2017 AND THE ONLINE OPTION ENTRY FOR ADMISSION TO KANACHUR INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTER, MANGALORE WHICH WAS HELD BY THE R-3 BETWEEN 1/9/2017 AND 3/9/2017 WHICH IS CONTRARY AND IN CONTRAVENTION OF ANNX-F DTD 31.08.2017 ISSUED BY THE VERY SAME R-3 RELATING TO THE ADMISSION OF STUDENTS TO THE M.B.B.S. COURSE AND ISSUE THE NECESSARY DIRECTION TO THE R-3 TO ISSUE THE ADMISSION ORDER, ADMITTING THE PETITIONER TO ANY PRIVATE MEDICAL COLLEGE OF THE STATE IN GOVERNMENT QUOTA UNDER THE GM CATEGORY BY CANCELLING THE ALLOTMENT OF MEDICAL SEAT MADE BY THE R-3 TO ANY ONE OF THE R-4 TO 10 FOR THE ACADEMIC YEAR 2017-18 SINCE THEIR NEET ALL INDIA RANKING IS MUCH LOWER THAN THAT OF THE PETITIONER.
THESE PETITIONS COMING ON FOR FINAL HEARING THIS DAY, ALOK ARADHE J., MADE THE FOLLOWING:
COMMON ORDER
In these writ petitions, petitioners inter alia seek the writ of certiorari for quashment of communication dated 22.08.2017.
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in order dated 29.08.2017 passed in W.P. Nos.3910939110/2017 and in the facts and circumstances of the case, the writ petitions stand dismissed as having become infructuous.
Sd/JUDGE
Sd/JUDGE
BS
1 issue framed by the court
Whether the writ petitions for quashing of the admission authority's communication became infructuous due to a subsequent Division Bench order.
Colour shows how this judgement treated each authority
W.P. Nos.39109-39110/2017Referred¶91
Kum. Aditi R. Prasad
The State of Karnataka
The Principal Secretary Department of Medical Education
Karnataka Examinations Authority
Alok Aradhe
Anant Ramanath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
