Dismissed

Ms Siri Srikanth v. the Karnataka Examination Authority

Karnataka HC10 Jan 2023WP/529/2023

Case brief

AI extract

What is this about?

Minor filed writ petition seeking direction to admit her under Sports Quota for MBBS course following a previous order mandating re-ranking. Bench held petition dismissed as reliefs were already covered by a prior order in a connected matter, rendering the present plea non-maintainable.

What did the court decide?

The writ petition was dismissed with no consequential relief granted.

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

¶1

¶2

WP No. 529 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JANUARY, 2023

¶4

PRESENT

¶5

THE HON'BLE MR JUSTICE ALOK ARADHE

¶6

AND

¶7

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 529 OF 2023 (EDN-MED-ADM)

¶8

BETWEEN:

¶9

MS. SIRI SRIKANTH D/O SRIKANTH R.S NO.253/C1, 2ND 'B' MAIN AGED ABOUT 17 YEARS GIRINAGAR 1ST STAGE BENGALURU- 560 085

¶10

SINCE MINOR REPRESENTED BY HER FATHER AND NATURAL GUARDIAN SRI SRIKANTH R.S

¶11

…PETITIONER

¶12

(BY SRI M.P. SRIKANTH., ADV.)

¶13

AND:

¶14

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

¶15

Digitally signed by B A KRISHNA KUMAR Location: High Court of Karnataka

¶16

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

¶17

…RESPONDENTS

¶18

(BY SRI LAXMI NARAYANA, AGA FOR R-1 & R-2)

¶19

¶20

WP No. 529 of 2023

¶21

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO HOLD AND DECLARE THE NON CONSIDERATION OF THE CASE OF THE PETITIONER WHILE REDOING THE LIST OF THE CANDIDATES IN TERMS OF ORDER PASSED ON WP NO.23265/2022 (EDN-MED-ADM) DATED 13.12.2022 IS VIDE ANNEXURE-L.

¶22

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

¶23

ORDER

¶24

This writ petition has been filed by the petitioner seeking

¶25

for the following reliefs:

¶26

a) Hold and declare the non-consideration of the case of the petitioner while redoing the list of candidates in terms of order passed on W.P.No.23265/2022 (EDN-MEDADM) dated 13.12.2022 vide Annexure-L.

¶27

b) Direct the respondent nos.1 and 2 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 on W.P.No.23265/2022 (EDNMED-ADM( dated 13.12.2022 vide Annexure-L.

¶28

c) Further direct the respondents to admit the petitioner if found eligible.

¶29

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.

¶30

Facts giving rise to filing of this writ petition briefly stated are that, the petitioner had appeared for NEET

¶31

¶32

WP No. 529 of 2023

¶33

undergraduate Examination for the admission to MBBS Course

¶34

for Academic year 2022-23. A revised list of candidates belonging to Sports Quota was issued on 18.10.2022. Thereafter, the candidates who were awarded seats under the Sports Quota were admitted to MBBS Course on 08.11.2022. The petitioner, who claims admission under the Sports Quota

¶35

did not take any action, but after, the candidates admitted under the Sports Quota, were admitted in MBBS Course, submitted representation on 16.12.2022 and 21.12.2022. Thereafter, this writ petition has been filed on 09.01.2023.

¶36

We have heard the learned counsel for the petitioner and have perused the records.

¶37

The basis for claiming relief in this writ petition is

¶38

order dated 13.12.2022 passed by this Court in W.P.No.23265/2022. The relevant extract of the order at paragraph No.19 reads as under:

¶39

19. The writ petition is allowed in part. Respondent no.2 is directed to take necessary steps as indicated herein above to re-do the ranking list inter se between petitioner and respondent nos.3, 4 & 5 regarding their eligibility for admission to Under Graduate Medical Professional courses

¶40

¶41

WP No. 529 of 2023

¶42

under the sports quota and submit the same to respondent no.1, who shall ensure admission to the candidates based on their ranking in the ranking list so furnished by respondent no.2 and other eligibility criteria, if any.

¶43

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.

¶44

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

¶45

¶46

WP No. 529 of 2023

¶47

petition was filed namely R.P.No.872/2022 which has been

¶48

dismissed by a bench of this Court.

¶49

The petitioner has approached this Court belatedly.

¶50

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.

¶51

Sd/JUDGE

¶52

Sd/JUDGE

¶53

NMS

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

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Ranganath Vs Karnataka Power Transmission

Sri. Jayaramappa Vs the Deputy Commissioner

Sri K Anand Gowda Vs Smt Hemaprabha L

Smt Mahina Mubarak S Vs Sri Mohammed Iyaz Ahmed @ Dunna

Mr Anush Gowda v Vs the Karnataka Examination Authority

Mrs. Rose Furtado Vs Ivan Lawrence Furtado