Dismissed

Kum R.N.S. Abhigna Mahathi v. State of Karnataka

Karnataka HC5 Mar 2022WP/53172/2016

Case brief

AI extract

What is this about?

The court dismissed a writ petition challenging COMED-K's notification that barred a BDS candidate from participating in an MBBS special round due to prior selection. Upholding the notice as reasonable to prevent chaos given the tight admission deadline, the court quashed claims for compensation and admission.

What did the court decide?

The writ petition was dismissed; prayers for quashing the notification restriction, admission to MBBS, and compensation were refused.

Kum R.N.S. Abhigna Mahathi Vs State of… — Pension and Retirement Benefits | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF MARCH, 2022

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PRESENT

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THE HON’BLE MR. JUSTICE ALOK ARADHE

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AND

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THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY

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W.P.No.53172/2016 (EDN-MED-ADM)

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BETWEEN:

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KUM R.N.S. ABHIGNA MAHATHI D/O R V G PRASAD AGED 18 YEARS, PRESENTLY RESIDING AT NO.18-8-96-A, LAKSHMI NIVASAM MADHURANGAR, THIRUPATHI (AP)-517501 AND PRESENTLY ADMITTED TO THE 1 YEARS BDS VOKKALIGAR SANGHA DENTAL COLLEGE BANGALORE 560004. … PETITIONER

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(By Sri Narayana Bhat.M., Adv.)

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AND:

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1 . STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF MEDCIAL EDUCATION 3RD FLOOR, VIKAS SOUDHA BENGALURU 560001.

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2 . THE DIRECTOR OF MEDICAL EDUCATION GOVT. OF KARNATAKA ANANDARAO CIRCLE BENGALURU 560009.

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3 . UNION OF INDIA REP BY ITS SECRETARY, HUMAN RESOURCE DEPARTMENT SHASTRI BHAVAN, NEW DELHI 110011.

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4 . THE MEDICAL COUNCIL OF INDIA POCKET 14, SECTOR VIII, DWARAKA, NEW DELHI 110077.

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5 . THE RAJIV GANDHI UNJIVERSITY OF HEALTH SERVICES, REP. BY ITS REGISTRAR, JAYANAGAR 4TH T BLOCK, BANGALORE 560041.

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6 . CONSORTIUM OF MEDICAL & ENGG. EDUCATION OF KARNATAKA (COMED-K) REP. BY ITS EXECUTIVE SECRETARY, BENGALURU-1.

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7 . VOKKALINGARA SANGHA DENTAL COLLEGE KIMS CAMPUS, VISWESWARAPURAM, K R ROAD, BENGALURU 560004. REP. BY THE PRINCIPAL/DIRECTOR.

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8 . SRIDEVI INSTITUE OF MEDICAL SCIENCES TUMKUR 572101 REPRESENTED BY ITS PRINCIPAL/DIRECTOR.

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9 . SAMBHRAM INSTITUTE OF MEDICAL SCIENCES, REPRESENTED BY ITS PRINCIPAL/DIRECTOR KOLAR GOLD FIELDS, KOLAR DISTRICT 563101.

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10 . KUM. MONISHA SHARMA I YEARS M.B.B.S., SRIDEVI INSTITUE OF MEDICAL SCIENCES, TUMKUR 572101.

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11 . NAVEEN S P I YEARS M.B.B.S., SAMBHRAM INSTITUTE OF MEDICAL SCIENCES KOLAR GOLD FIELDS, KOLAR DISTRICT 563101.

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DENTAL COUNCIL OF INDIA, REP. BY ITS SECRETARY, AIWAN-E GALIB MARG, KOTLA ROAD, TEMPLE LANE, OPP. TO MATA SUNDARI, COLLEGE FOR WOMEN, NEW DELHI-110002.

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… RESPONDENTS

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(By Sri Lakshminarayana, AGA., for R1 & R2; Sri B.Pramod, Adv. for R3; Sri N.Khetty, Adv. for R4; Sri Ashok.N.Nayak, Adv. for R5; Sri Shashikiran Shetty, Sr. Counsel for M/s. Shetty & Hegde Assts. for R6; Smt. Ankitha G. Shelke, Adv. for R7; Sri S.V.Subba Reddy, Adv. for R9; Sri M.S.Parthasarathi, Adv. for R11; Sri G.S.Bhat, Adv. for R12; R8 & R10 – Served & unrepresented)

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This writ petition is filed under Article 226 of the Constitution of India, praying to quash the part of the notification dtd.29.9.2016 vide ANNEX-E which prevents the petitioner from participating in the special round on the ground that she had already selected the seat in the earlier round, as illegal and is opposed to Articles 14 and 21 of the constitution of India.

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This petition coming on for Final disposal, this day, Alok Aradhe J., made the following:

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ORDER

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The petitioner who was an aspirant for admission for MBBS course in the academic session 2016-17, has filed this writ petition seeking the following reliefs:

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(a) Issue a writ of certiorari or any other appropriate writ or order or direction quashing that apart of the notification dated 29.9.2016 produced at Annexure-E which prevents the petitioner from participating in the special round on the ground that she had already selected the seat in the earlier round, as illegal and is opposed to Articles 14 and 21 of the Constitution of India.

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(b) Issue a writ of mandamus or any other appropriate writ or order or direction holding that the selection and allotment of seats of respondents 10 and 11 whose ranking in the NEET examination is less than that of the petitioner and hence the selection is bad and violative of Articles 14, 15, and 21 of the Constitution of India.

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(c) Issue a writ of mandamus or any other appropriate writ or order or direction directing the respondents to admit the petitioner to the First Year MBBS course either in the 8^th respondent Institution or in the 9^th respondent Institution,

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during the current academic year, to meet the ends of justice;

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(cc) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent nos.6, 8 and 9 to award monetary compensation to the petitioner of Rs.20 lakhs in the lines of the compensation awarded as per the order in Annexure-G, to meet the ends of justice.

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(d) Issue a writ of mandamus or any other appropriate writ or order or direction directing the 6^th respondent to appropriate the fee paid to the BDS course to the fee payable to the First Year MBBS course, or refund the same to her to meet the ends of justice.

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Facts leading to the filing of this writ petition briefly stated are that National Eligibility and Entrance Test (for short, ‘NEET’) examination was conducted by the Central Board of Secondary Education in the month of July 2016 and a notification was issued on 15.07.2016 inviting applications for counseling for the first year MBBS course based on the ranks secured by the candidates in the NEET examination. The petitioner submitted her application. Thereafter, COMEDK, on 01.09.2016, announced the schedule in respect of the

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admission. COMED-K published the final merit list of the candidates on 06.09.2016. Petitioner participated in the second round of counseling on 11.09.2016 and was admitted to BDS course. Petitioner, thereupon paid the fee of Rs.3.90 lakhs for the aforesaid course and was issued a letter of allotment on 11.09.2016.

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Thereafter, on 29.09.2016, two medical colleges viz., Sridevi Institute of Medical Science at Tumakuru and Sambhram Institute of Medical Science at KGF, were allotted 60 seats each. Since the last date of admission to the MBBS course was 30.09.2016, COMED-K issued a notification on 29.09.2016 and permitted the candidates to participate in the special round of counseling which was held on account of the fact that the aforesaid colleges were allotted 120 seats on 29.09.2016.

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The aforesaid notification dated 29.09.2016 contained the following stipulation:

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“……only the candidates who have the COMEDK rank and have not selected any seats in the earlier rounds of COMEDK are only eligible to participate in this round of counseling.”

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Petitioner, however, could not participate in the special round of counseling as she was allotted a seat in BDS course in the second round of counseling and was admitted to BDS course. Petitioner, thereafter, filed the writ petition on 04.10.2016, in which the aforesaid notification was challenged on the ground that the same is violative of Articles 14 & 21 of the Constitution of India, as less meritorious candidates of the petitioner were admitted to MBBS course in the special round of counseling. This Court did not grant any interim relief in the said writ petition. Thereupon, the petitioner filed a special leave petition viz., SLP Nos.2205354/2017 which was dismissed by order dated 04.09.2017 and this Court was requested to decide the case as expeditiously as possible.

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It is not in dispute that the petitioner having been admitted to BDS course has completed her course. It is also not in dispute that the candidates who have been admitted to MBBS course in pursuance of the notification dated 29.09.2016 have successfully completed their course.

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It is noteworthy that the last date of admission was 30.09.2016. The additional seats became available to the two colleges i.e., Sridevi Institute of Medical Science at Tumakuru and Sambhram Institute of Medical Science at KGF, only on 29.09.2016. The aforesaid 120 seats were required to be filled up on or before 30.09.2016. In case all the candidates were permitted to participate in the special round of counseling which was occasioned on account of the fortuitous circumstances, it would have resulted in chaos and confusion, as by 30.09.2016, all the seats in MBBS as well as BDS courses were required to be filled up. Therefore, in our opinion, COMED-K was justified in incorporating the condition that only the candidates who have not been selected in the earlier round of counseling are only eligible to participate in the special round of counseling.

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Besides that, in any case, at this point of time, the validity of the notification dated 29.09.2016 cannot be examined specially in the absence of the candidates in whose favour right has been accrued.

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The claim of the petitioner for compensation is based on adjudication of the notification dated 29.09.2016. Since we have upheld the action of COMED-K in incorporating the condition that only the candidates who have not been selected in the earlier round of counseling alone were entitled to participate in the special round of counseling, the prayer for compensation made by the petitioner does not survive.

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For the aforementioned reasons, we do not find any merit in this petition. The same fails and is hereby dismissed.

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Sd/JUDGE

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Sd/JUDGE

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Kum R.N.S. Abhigna Mahathi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Kum R.N.S. Abhigna Mahathi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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