Dismissed

Ms Siri Srikanth v. the Karnataka Examination Authority

Karnataka HC20 Mar 2023WP/4855/2023

Case brief

AI extract

What is this about?

This High Court dismissed the petitioner's writ petition seeking admission to an MBBS course under the government sports quota. The Court held that the admission process had concluded by the specified cut-off date and that the endorsement rejecting the petitioner did not violate the Supreme Court's directions.

What did the court decide?

Petitioner's prayers to quash the endorsement, direct admission, and pass consequential relief were rejected.

Ms Siri Srikanth Vs the Karnataka Examination… — Education and Admissions | Karnataka HC (2023)

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WP No. 4855 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF MARCH, 2023

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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 VIJAYKUMAR A. PATIL WRIT PETITION NO.4855 OF 2023 (EDN-RES)

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BETWEEN:

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MS SIRI SRIKANTH D/O SRIKANTH R.S. AGED ABOUT 18 YEARS, NO.253/C1, 2^ND B MAIN, GIRINAGAR 1^ST STAGE, BENGALURU - 560 085

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…PETITIONER

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(BY SRI. SRIKANTH M P, ADVOCATE)

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AND:

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Digitally signed by MADHURI S Location: HIGH COURT OF KARNATAKA

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THE KARNATAKA EXAMINATION AUTHORITY 18^TH CROSS, SAMPIGE ROAD, MALLESWARAM, BENGALURU - 560 012. REPRESENTED BY ITS

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YOUTH SERVICES AND SPORTS DEPARTMENT YAVANIKA, K.R.CIRCLE, BENGALURU -560 001. REPRESENTED BY ITS COMMISSIONER

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NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8, DWARKA PHASE - 1, NEW DELHI-110 077.

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WP No. 4855 of 2023

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ALSO ATSATARKTA BHAWAN, G.P.O. COMPLEX, BLOCK A, INA, NEW DELHI - 110 023

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MEDICAL COUNSELING COMMITTEE DIRECTORATE GENERAL OF HEALTH SERVICES NEW DELHI.

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REPRESENTED BY ITS ADDITIONAL DIRECTOR

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STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT MEDICAL EDUCATION DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU - 560 001.

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THE DIRECTOR OF MEDICAL EDUCATION 1^ST FLOOR, FORT, K.R.ROAD, BENGALURU - 560 002.

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JAWAHARLAL NEHRU MEDICAL COLLEGE KLE UNIVERSITY CAMPUS, NEHRU NAGAR, BELAGAVI - 590 010. REP. BY ITS DEAN/PRINCIPAL

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…RESPONDENTS

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(BY SRI. LAKSHMI NARAYANA, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE ENDORSEMENT BEARING NO.ED/KEA/REC-8/56/2023 DATED 22/02/2023 ISSUED BY THE FIRST RESPONDENT VIDE ANNEXURE-Z; b) DIRECT THE RESPONDENT NOS.1 AND 2 TO CONSIDER THE CASE OF THE PETITIONER IN TERMS OF THE DIRECTIONS ISSUED BY THE HON'BLE SUPREME COURT ON SLP (CIVIL) NO.2432/2023 AND SLP (CIVIL) NO.454/2023 C/W 914/2023 AND ALLOT MEDICAL SEAT UNDER GOVERNMENT SPORTS QUOTA TO THE PETITIONER AT 7^TH RESPONDENT

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WP No. 4855 of 2023

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COLLEGE VIDE ANNEXURES-R AND S; c) FURTHER DIRECT RESPONDENT NO.3 TO APPROVE THE ADMISSION OF THE PETITIONER AT 7^TH RESPONDENT COLLEGE/INSTITUTION; d) PASS ANY ORDER OR CONSEQUENTIAL RELIEF OR ANY OTHER APPROPRIATE ORDER OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE ENDS OF JUSTICE AND EQUITY.

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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.Srikanth M.P, learned counsel for petitioner.

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Mr.Lakshminarayana, learned Additional Government

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Advocate for respondent Nos.5 and 6 on advance notice.

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Heard on question of admission.

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In this petition, the petitioner inter-alia has prayed

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for the following reliefs:

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"a) Q uash the Endrosement bearing No.ED/KEA/rec-8/56/2023 dated 22.02.2023 issued by the first respondent vide Annexure-Z.

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b) Direct the respondent Nos.1 and 2 to consider the case of the petitioner in terms of the directions issued by the Hon'ble Supreme Court on SLP (Civil) No.2432/2023 and SLP(Civil)No.454/2023 c/w 914/2023 and allot medical seat under Government Sports Quota to

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the petitioner at 7^th respondent College vide Annexure-R and S.

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c) Further direct respondent No.3 to approve the admission of the petitioner at 7^th respondent College/Institution.

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d) Pass any order of consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the ends of justice and equity."

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Facts giving rise to the filing of this writ petition brief stated are that petitioner claims to be a sports person of National Eminence. The petitioner had participated in the NEET Examination in the year 2022-23 and was assigned the ranking under sports quota. The grievance of the petitioner is that her candidature for admission to MBBS course under the sports quota has been rejected by an endorsement dated 22.02.2023 by the Karnataka Education Authority in the light of order dated 16.01.2023 passed by Hon'ble Supreme Court in SLP No.454/2023 along with SLP (Civil) No.914/2023.

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Learned counsel for the petitioner submits that

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the order of Karnataka Education Authority has been

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passed in violation of the order of Hon'ble Supreme Court. It is further submitted that impugned endorsement has been issued in violation of Rule 9(1) (B) of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006, which do not provide for consideration of granting permission for admission to medical seats under sports quota. It is also submitted that petitioner has been filing

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writ petitions before this Court, therefore, the cut off date for admission to MBBS course i.e., 31.01.2023 does not apply for the petitioner.

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On the other hand learned Additional

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Government Advocate has supported the order passed by the Karnataka Education Authority.

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We have considered the rival submissions made on behalf of both parties and perused the records.

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One Aditi Dinesh Rao was a candidate who

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claimed admission to MBBS Course for the academic year 2022-23 under the sports quota. She has filed W.P.No.23265/2022 which was allowed in part by a Division Bench of this Court vide order dated 13.12.2022 and the Youth Services and Sports Department of Government of Karnataka was directed to take necessary steps to re-do the ranking list inter se between petitioner and respondent Nos.3, 4 and 5 regarding their eligibility for admission to Under Graduate Medical Professional courses under the sports quota and submit the same to the Karnataka Education Authority. The Authority was directed to ensure the admission of the candidates based on their ranking in the rank list so furnished by respondent No.2 and other eligibility criteria, if any.

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It is pertinent to note that petitioner was not a party in the said writ petition. The aforesaid order passed by Division Bench of this Court was assailed in

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SLP.No.454/2023 along with SLP (Civil) No.914/2023 before Hon'ble Supreme Court.

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The Hon'ble Supreme Court vide order dated 16.01.2023 passed the following order:

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"We have heard Mr.Puthige Ramesh, learned Senior counsel for the petitioner in SLP(C)No.454/2023. It is the contention of the petitioner that due to the impugned order, the petitioner who has participated in Chess Tournaments, has been held to be ineligible by the High Court.

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Insofar as SLP(C)No.914/2023 is concerned, Mr.K.V.Vishwanathan, learned Senior counsel appearing for the petitioner submits that the petitioner has already been considered on merit for admission in Jawahar Lal Nehru Medical College Belgaum. He submits that, however, after redoing the exercise the petitioner is found to be ineligible in the Sports Quota and there is likelihood that the petitioner may lose his seat in Jawahar Lal Nehru Medical College, Belgaum, to which he is entitled to according to General Merit List.

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We find that apprehensions in both the petitions are misconceived. The impugned order(s) directs the exercise to be redone in accordance with the guidelines framed by the authorities concerned.

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Page No.34 of the paper book in SLP(C) No.454/2023 would clearly specify the order in which the candidates have to be considered. As such, we do not find any merit in the contention of the petitioner in SLP(C)No.454/2023.

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Insofar as the grievance of Mr.K.V.Vishwananthan, learned Senior counsel appearing for the petitioner in SLP(C)No.914/2023 is concerned, the impugned order cannot be construed to be adversely affecting the right of the petitioner, if the petitioner is otherwise entitled to the General Merit.

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Both these petitions are disposed of with the aforesaid observations.

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Pending application(s), if any, shall stand disposed of."

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It is noteworthy that the petitioner was not party in the aforesaid SLP (C)No.454/2023 and SLP(C)No.914/2023 as well. The petitioner filed W.P.No.25780/2022 before this Court seeking direction to respondent Nos.1 and 2 to consider the candidature of the petitioner while re-doing the process of selection of the seats of Government Quota in accordance with the directions issued in W.P.No.23265/2022, which was filed by another candidate viz., aforesaid Aditi Dinesh Rao. The aforesaid writ petition was withdrawn by the petitioner on 03.01.2023. The order dated 03.01.2023 passed by a Division Bench of this Court reads as under:

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"After arguing the matter to some extent, the learned counsel for the petitioner seeks leave of this Court to withdraw the petitions.

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It is needless to state that in case subsequent cause of action accrues to the petitioner, he shall be at liberty to file a fresh writ petition. Accordingly, the petitions are dismissed as withdrawn.

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In view of dismissal of writ petitions, pending interlocutory applications if any, are disposed of."

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Thereafter, petitioner filed another writ petition

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for a direction to hold and declare the non-consideration of

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the case of the petitioner while re-doing list of candidates in terms of order dated 13.12.2022 passed by this Court in W.P.No.23265/2022, which was filed by another candidate viz., Aditi Dinesh Rao. The petitioner also sought for a direction to the Karnataka Education Authority and Youth Services and Sports Department of the Government of Karnataka to consider the candidature of the petitioner while re-doing the process of selection to the seats of Government Quota in accordance with the directions issued in W.P.No.23265/2022 and to admit the petitioner if she is found eligible. The aforesaid writ petition was dismissed by the Division Bench of this Court by an order dated 10.01.2023. The relevant extract of the order reads as under:

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"xxxx

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5. Thus, from perusal of the direction contained in paragraph No.19 of the order, it is evident that the Youth Services and Sports Department was directed to take necessary steps to re-do the ranking list inter se between the petitioner in that case of respondent Nos.3, 4 and 5 regarding their eligibility for admission to Under Graduate Medical Professional courses. The aforesaid order was passed on 13.12.2022. In view of aforesaid direction contained in the order dated 13.12.2022, the petitioner cannot seek any independent relief in this writ petition.

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6. It is also pertinent to mention that another candidate namely Anush Gowda who was also claiming admission under sports category had filed another W.P.No.24950/2022 which was dismissed by this Court by an order dated 14.12.2022 on the ground of delay and latches. It is also not in dispute that against the aforesaid order, review petition was filed namely R.P.No.872/2022 which has been dismissed by a Bench of the Court.

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7. The petitioner has approached this Court belatedly. Therefore, at this point of time, in the light of the order dated 13.12.2022 passed in W.P.No.23265/2022, no relief can be granted to the petitioner. In the result, the appeal fails and is hereby dismissed."

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The aforesaid order was challenged by the petitioner before the Hon'ble Supreme Court in SLP(C)No.2432/2023. The aforesaid SLP(C)No.2432/2023 was dismissed by an order dated 10.02.2023. The aforesaid order reads as under:

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"We are not inclined to interfere with the impugned judgment and order passed by the High Court. The special leave petition is, accordingly, dismissed.

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Needless to state that if the petitioner is otherwise entitled in merits, in accordance with our order dated 16.01.2023 passed in SLP(C)No.454/2023 etc., the claim of the petitioner should not be denied only on the ground of delay.

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WP No. 4855 of 2023

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Pending application(s), if any, shall stand disposed of."

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The claim of the petitioner for admission to MBBS course under the Sports Quota was considered by Karnataka Education Authority by an endorsement dated 22.02.2023, in the light of direction contained in the order dated 16.01.2023 passed by Hon'ble Supreme Court in SLP(C)No.454/2023 along with SLP(C)No.914/2023. The relevant extract of the endorsement reads as under:

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"The cut off rank of Jawaharalal Nehru Medical College, Belgaum, where Satwik Shivanan has been allotted seat under GM is 81,439. Since NEET ranking of Satwik Shivanand is 63,498 which is much higher than the cut-off of that college, it is evident that even without sports quota he would have secured seat in the said college under GM category. In pursuance of the Hon'ble Supreme Court in SLP No.454/2023 his seat cannot be disturbed for sport quota reservation. The claim of Siri Srikanth cannot be considered for this seat as her NEET ranking is 8,24,288."

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The petitioner therefore has filed this 3^rd writ petition praying for the reliefs stated supra:

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The candidature of the petitioner has been considered in the light of the directions issued by Hon'ble Supreme Court vide order dated 16.01.2023 passed in SLP(C)No.454/2023 along with SLP(C)No.914/2023. The admission for MBBS course under the Sports quota is made by taking into account the ranking assigned to a candidate in NEET Examination as well as his/her entitlement under the Sports Quota, as prescribed under Rule 9B of the Rules.

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In our considered view the endorsement has not been issued in violation of the order passed by the Hon'ble Supreme Court. Even otherwise no relief can be granted to the petitioenr at this point of time, as the last date for admission to the MBBS Course was admittedly 31.01.2023. Merely because the petitioner repeatedly kept on filing the writ petitions before this Court, a Writ of

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Mandamus cannot be issued to admit the petitioner to MBBS Course in violation of law laid down by Hon'ble Supreme Court, which provides that no admission beyond the cut off date should be made.

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

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Sd/JUDGE

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Sd/JUDGE

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RR List No.: 1 Sl No.: 29

Ms Siri Srikanth v. the Karnataka Examination Authority

Case brief

What is this about?

What did the court decide?

Ms Siri Srikanth v. the Karnataka Examination Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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