Dismissed

Mr Anush Gowda v. Vs the Karnataka Examination Authority

Karnataka HC10 Jan 2023WP/537/2023

Case brief

AI extract

What is this about?

In WP No. 537 of 2023, Despite a cognate Division Bench order directing redoing of a sports quota admission list, a single judge dismissed this writ petition filed for the petitioner because of delay and laches, noting the earlier dismissal of a similar petition.

What did the court decide?

All reliefs sought including holding non-consideration, admission under sports quota, and consequential reliefs were dismissed.

Mr Anush Gowda v Vs the Karnataka Examination… — Education and Admissions | Karnataka HC (2023)

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WP No. 537 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JANUARY, 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 S VISHWAJITH SHETTY WRIT PETITION NO. 537 OF 2023 (EDN-MED-ADM)

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BETWEEN:

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MR. ANUSH GOWDA V S/O VIVEKANANDA M AGED ABOUT 18 YEARS NO.7, KAVERI LAYOUT C BLOCK, VIJAYANAGARA III STAGE BEHIND HERITAGE CLUB MYSURU - 570 027.

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…PETITIONER

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

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

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AND:

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THE KARNATAKA EXAMINATION

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AUTHORITY, 18TH CROSS SAMPIGE ROAD MALLESHWARAM

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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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…RESPONDENTS

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(BY SRI LAXMI NARAYANA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 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-Q.

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WP No. 537 of 2023

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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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This writ petition has been filed by the petitioner seeking

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for the following reliefs:

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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-Q.

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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-Q.

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

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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 filing of this writ petition briefly stated are that, the petitioner had appeared in NEET undergraduate Examination for the admission to MBBS Course for Academic year 2022-23. A list of eligible candidates who claimed admission under the sports quota was published on 19.09.2022. Thereafter, a revised list was published on 18.10.2022. The petitioner in the aforesaid list was placed at

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WP No. 537 of 2023

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Sl.No.19. The petitioner thereafter submitted a representation on 19.11.2022 and filed a writ petition before this Court namely W.P.No.24950/2022. In the aforesaid writ petition, the petitioner prayed for the following reliefs:

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"a) Quash the admissions made in favour of respondent nos.3 to 5 in the Medical Colleges under the Sports Quota.

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b) Issue a writ of Mandamus and direct the respondents to re-do the admissions of the candidates in respect of the Sports Quota of admission to MBBS Degree Course.

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c) Direct the first respondent to ensure admission of the candidates as per the list of candidates who have submitted sports documents and their eligibility as published on 19.09.2022."

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The aforesaid writ petition was dismissed by this

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Court by order dated 14.12.2022 on the ground of delay and latches and inaction on part of the petitioner does not entitle him for grant of any relief under the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

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The petitioner thereafter filed a review petition namely R.P.No.872/2022 which was dismissed by this Court by an order dated 02.01.2023. The petitioner thereafter again filed

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WP No. 537 of 2023

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this petition seeking the reliefs as stated supra in the light of

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the order dated 13.12.2022 passed by the Division Bench of this Court in W.P.No.23265/2022. The operative portion of the

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order passed in the aforesaid writ petition reads as under:

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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 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.

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It is pertinent to mention here that the same counsel had represented the petitioner in W.P.No.23265/2022 as well as in previous writ petition namely W.P.No.24950/2022 and R.P.No.852/2022. The facts were well within the knowledge of the counsel that the direction issued by the Division Bench of this Court in W.P.No.23265/2022 are confined to the petitioner and respondent Nos.3, 4 and 5 in that case only and cannot furnish a new ground to the petitioner whose previous writ petition has already been dismissed on the ground of delay and latches.

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WP No. 537 of 2023

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For the aforementioned reasons, we are not inclined to

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entertain this writ petition. Accordingly, the same is dismissed.

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Sd/JUDGE

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Sd/JUDGE

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NMS

Mr Anush Gowda v. Vs the Karnataka Examination Authority

Case brief

What is this about?

What did the court decide?

Mr Anush Gowda v. Vs 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

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