Disposed

Miss Rituparna S v. State of Karnataka

Karnataka HC26 May 2023WP/25338/2022

Case brief

AI extract

What is this about?

In a preliminary hearing regarding admission guidelines for medical courses in 2022, the Court directed the Medical College (Respondent No.4) to take action for change of quota. The Court avoided merits, citing direction from Supreme Court in Rachit Sinha case regarding management quota allocation.

What did the court decide?

Directed respondent No.4 to take appropriate action for change of quota

Miss Rituparna S Vs State of Karnataka — Education and Admissions | Karnataka HC (2023)

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WP No.25338 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF MAY, 2023

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PRESENT

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THE HON'BLE MR. JUSTICE ALOK ARADHE AND

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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WRIT PETITION NO.25338 OF 2022 (EDN-RES)

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BETWEEN:

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Digitally signed by RUPA V Location: High Court of Karnataka

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MISS. RITUPARNA .S AGED 18 YEARS D/O SATISH 12, YELAHANKA DODDABELLAPURA MAIN ROAD MARASANDRA CROSS NELLUKUNTE, DODDA TUMKUR BANGALORE - 561203.

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…PETITIONER

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(BY SRI. VIVEK SUBBA REDDY, SR. COUNSEL FOR SRI. K.N. SUBBA REDDY, ADV.,)

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AND:

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STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT VIDHANA SOUDHA BANGALORE - 560001.

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KARNATAKA EXAMINATIONS AUTHORITY REP BY ITS EXECUTIVE DIRECTOR SAMPIGE ROAD, 18TH CROSS MALLESHWARAM BANGALORE - 560012.

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NATIONAL MEDICAL COMMISSION POCKET - 14, SECTOR - 8, DWARKA PHASE - 1

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WP No.25338 of 2022

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NEW DELHI - 110 077 REP BY ITS CHAIRMAN.

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MS RAMAIAH MEDICAL COLLEGE REP BY ITS PRINCIPAL M S RAMAIAH NAGAR MATHIKERE, BENGALURU KARNATAKA - 560054

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…RESPONDENTS

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(BY SRI. LAKSHMINARAYANA, AGA FOR R1 SRI. N.K. RAMESH, ADV., FOR R2 SRI. N. KHETTY, ADV., FOR R3 SRI. MADHUSUDHAN R. NAIK, SR. COUNSEL A/W SRI. SURAJ NAIK, ADV., FOR R4)

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THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT TO DECLARE THE GUIDELINES AND RULES FRAMED FOR ADMISSION TO MEDICAL, DENTAL AND AYUSH COURSES FOR THE YEAR 2022 (INSTRUCTIONS AND GUIDELINES FOR VERIFICATION OF DOCUMENTS, ONLINE SEAT ALLOTMENT PROCESS) WITH REGARD TO THE SEAT ALLOTMENT PROCESS AT CHAPTER 10 AND ALSO THE INSTRUCTIONS PERTAINING TO MEDICAL MOP-UP OF ROUND AND ELIGIBILITY CRITERIA, MORE SPECIFICALLY AT INSTRUCTIONS NO.1 AND 3 AS THE SAME IS DISCRIMINATORY AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA VIDE ANNEXURE-A. ii)ISSUE A WRIT IN THE NATURE OF MANDAMUS AND TO DIRECT THE RESPONDENT NO.2 TO PERMIT THE PETITIONER TO PARTICIPATE IN THE MOP-UP ROUND OF COUNSELLING BY EXERCISING THE OPTION OF HOLDING HER ALLOTTED SEAT IN THE SECOND ROUND OF COUNSELLING & ETC.,

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WP No.25338 of 2022

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ALOK ARADHE J., MADE THE FOLLOWING:

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ORDER

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Mr.Vivek S.Reddy, learned Senior counsel for the petitioner.

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Mr.Laxminarayan, learned Additional Government Advocate for the respondent No.1.

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Mr.N.K.Ramesh, learned counsel for the

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respondent No.2.

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Mr.Madhusudhan R.Naik, learned Senior counsel for the respondent No.4.

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In this petition, the petitioner inter alia has prayed for the following reliefs:

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"I. Issue writ to declare the guidelines and rules framed for admission to medical, dental and ayush courses for the year 2022 (Instructions and guidelines for verification of documents, online seat allotment process) with regard to the seat allotment process at Chapter 10 and also the instructions pertaining to medical mop-up of

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WP No.25338 of 2022

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round and eligibility criteria, more specifically at instructions No.1 and 3 as the same is discriminatory and violative of Article 14 of the Constitution of India vide Annexure-A.

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II. Issue a writ in the nature of mandamus and to direct the respondent No.2 to permit the petitioner to participate in the mop-up round of counseling by exercising the option of holding her allotted seat in the second round of counseling."

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Learned Senior counsel for the petitioner

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submits that the issue which survives for consideration

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is whether the petitioner belongs to a management quota or a private quota and the aforesaid issue could be dealt with by respondent No.4 at its level.

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In view of aforesaid submission, learned Senior counsel for the respondent No.4 submits that the prayer made by the petitioner shall be adverted to, in the light of the law laid down by the Hon'ble Supreme Court in

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'RACHIT SINHA AND OTHERS Vs. UNION OF INDIA

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WP No.25338 of 2022

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AND OTHERS' (2018) 16 SCC 655 and this Court in W.P.Nos.21682-88/2018 decided on 30.02.2019.

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In view of rival submissions made by the learned counsel for the parties, without entering into the merits of the matter, we deem it appropriate to direct the respondent No.4 to take appropriate action for change of quota in the light of law laid down by the Hon'ble Supreme Court in RACHIT SINHA, supra and by this

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Court in W.P.Nos.21682-88/2018, supra .

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Sd/JUDGE

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Sd/JUDGE

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Miss Rituparna S v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Miss Rituparna S v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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