Dismissed

Miss. Megha. S. Y. v. the State of Karnataka

Karnataka HC16 Mar 2023WP/5333/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition seeking allotment of an MBBS seat under the Wards of Insured Persons quota. The Court held that since the petitioner did not appear in the NEET exam for the relevant academic year, no relief could be granted in light of the Supreme Court's earlier disposal.

What did the court decide?

Writ petition dismissed. No MBBS seat allotted as petitioner failed to meet NEET eligibility requirements.

Miss. Megha. S. Y. Vs the State of Karnataka — Education and Admissions | Karnataka HC (2023)

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WP No. 5333 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^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.5333 OF 2023 (EDN-RES)

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BETWEEN:

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MISS. MEGHA. S. Y. AGED ABOUT 24 YEARS, D/O GEETHANJALI V A R/AT NO.918, 15^TH A MAIN, 2^ND B CROSS, 3^RD STAGE, I BLOCK, WEST OF CHORD ROAD, BASAVESHWARANAGAR, BENGALURU

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…PETITIONER

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(BY SMT. MEGHA S Y (PARTY-IN-PERSON))

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AND:

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Digitally signed by MADHURI S Location: HIGH 1. THE STATE OF KARNATAKA COURT OF DEPARTMENT OF MEDICAL EDUCATION, KARNATAKA M S BUILDING, BENGALURU - 560 001 BY ITS PRINCIPAL SECRETARY

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MEDICAL COUNSELLING COMMITTEE (MCC) DIRECTORATE GENERAL OF HEALTH SERVICES, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA, NEW DELHI REP BY ITS SECRETARY

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WP No. 5333 of 2023

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EMPLOYEES STATE INSURANCE CORPORATION PANCHDEEP BHAVAN, CIG ROAD NEW DELHI - 110 002 REP BY ITS DEPUTY MEDICAL COMMISSIONER (ME-II)

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MEDICAL COUNCIL OF INDIA NEW DELHI REP BY ITS SECRETARY

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ESIC MEDICAL COLLEGE AND PGIMSR RAJAJINAGAR, BENGALURU REP BY ITS PRINCIPAL

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ESIC MEDICAL COLLEGE GULBARGA REP BY ITS PRINCIPAL

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES JAYANAGAR 4^TH T BLOCK BENGALURU

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…RESPONDENTS

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(BY SRI. LAXMI NARAYANA, AGA FOR R1)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECT THE RESPONDENT Nos.1 TO 3 TO ALLOT A UNDERGRADUATE COURSE (MBBS) SEAT TO THE PETITIONER FOR THE ACADEMIC YEAR FOR WHICH SHE WAS ELIGIBLE IN TERMS OF THE DIRECTIONS ISSUED BY HON'BLE SUPREME COURT (CIVIL) ON SLP No.21633/2022 IN ITS ORDER DATED 19.10.2022 UNDER WARDS OF INSURED PERSONS (IPs) QUOTA IN OBC CATEGORY EITHER IN RESPONDENT No.5 OR RESPONDENT No.6 COLLEGE AND PERMIT HER TO CONTINUE AND COMPLETE THE COURSE AS PER THE REGULATIONS

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WP No. 5333 of 2023

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GOVERNING THE MBBS COURSE; ii) DIRECT THE RESPONDENTS 1 TO 4 TO CONSIDER THE HONBLE SUPREME COURT (CIVIL) ON SLP No-21633/2022 IN ITS ORDER DATED 19.10.2022 AND ALLOT AN MBBS SEAT TO THE PETITIONER UNDER WARDS OF INSURED PERSONS (IPs) QUOTA IN OBC CATEGORY AND; iii) DIRECT THE RESPONDENTS 3 TO CONSIDER THE HON'BLE SUPREME COURT (CIVIL) ON SLP No.21633/2022 IN ITS ORDER DATED 19.10.2022 IN ANNEXURE-A AND ISSUE; iv) GRANT SUCH OTHER RELIEF/S AS THIS HON'BLE COURT DEEMS FIT TO GRANT, IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST 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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Though Party-in-person Committee had granted

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permission for party-in-person, however her mother has appeared and has stated that party-in-person has executed power of attorney in her favour.

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Heard on the question of admission.

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3. In this writ petition, the petitioner inter-alia prays

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for the following reliefs:

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(i) Direct the respondents Nos.1 to 3 to allot a Undergraduate course (MBBS) seat to the petitioner for the academic year for which she was eligible in terms of the directions issued by Hon'ble

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WP No. 5333 of 2023

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Supreme Court (Civil) on SLP.No.21633/2022 in its order dated 19.10.2022 under 'Wards of Insured Persons (IPs) quota in OBC category either in respondent No.5 or respondent No.6 college and permit her to continue and complete the course as per the Regulations governing the MBBS course and;

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(ii) Direct the respondents 1 to 4 to consider the Hon'ble Supreme Court (Civil) on SLP No.21633/2022 in its order dated 19.10.2022 and allot an MBBS seat to the petitioner under 'Wards of Insured Persons (IPs) quota in OBC category and;

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(iii) Direct the respondents 3 to consider the Hon'ble Supreme Court 9Civil) on SLP.No.21633/2022 in its order dated 19.10.2022 in Annexure-A and issue;

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(iv) Grant such other relief/s as this Hon'ble Court deems fit to grant, in the facts and circumstances of the case, in the interest of justice and equity."

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Admittedly, petitioner had appeared in National

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Eligibility cum Entrance Test (NEET) examination for the

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WP No. 5333 of 2023

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year 2018-19. Admittedly, petitioner had not appeared in the NEET examination for the year 2022-23. The order of

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Hon'ble Supreme Court dated 19.10.2022 reads as under:

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"1. Delay condoned.

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2. The grievance of the petitioner relates to the denial of an MBBS seat for academic year 20182019 in the OBC category under the Wards of Insured Persons quota. By its very nature, since the year in question has elapsed, it would not be possible to entertain the plea at this stage.

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3. The petitioner, who appeared in-person has interacted with the Court through an audio call. We have heard her at length and find from what the petitioner stated that the student (who is the daughter of the petitioner) has not appeared for the NEET examination during the current academic year or the previous year.

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4. The student would be at liberty to appear for the next NEET examination subject to fulfilling eligibility conditions and, thereafter, if the grievance subsists, to move either the High Court or this Court for appropriate relief if she is denied admission contrary to law.

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WP No. 5333 of 2023

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5. Subject to the aforesaid clarification, the Petition is disposed of.

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6. Pending applications, if any, stand disposed of."

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In view of the aforesaid order passed by the Hon'ble Supreme Court, since the petitioner has not appeared in the NEET examination for the academic year 2022-23 and her rights already have been adjudicated in earlier rounds of litigation, no relief can be granted to the petitioner.

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Accordingly, writ petition is dismissed.

Sd/JUDGE

Sd/JUDGE

List No.: 1 Sl No.: 25

Miss. Megha. S. Y. v. the State of Karnataka

Case brief

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What did the court decide?

Miss. Megha. S. Y. v. the State of Karnataka

Case brief

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