Disposed

Sri Samith Loyal Dsouza v. State of Karnataka

Karnataka HC11 Sept 2024WP/24020/2024

Case brief

AI extract

What is this about?

Petitioner challenged his categorization as General Merit instead of OBC-IIIB for medical seat counseling. Bench observed pending representation and directed KEA to decide it without adjudication on merits.

What did the court decide?

Directed Respondent No. 2 to consider the petitioner's representation dated 15.08.2024 in accordance with law and communicate the decision within two weeks.

Sri Samith Loyal Dsouza Vs State of Karnataka — Education and Admissions | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:37129-DB WP No. 24020 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF SEPTEMBER, 2024 PRESENT

¶4

THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

¶5

AND

¶6

THE HON'BLE MR JUSTICE K V ARAVIND

¶7

WRIT PETITION NO. 24020 OF 2024 (EDN-RES)

¶8

BETWEEN :

¶9

SRI SAMITH LOYAL D’SOUZA AGED ABOUT 19 YEARS S/O KIRAN ROSHAN D’SOUZA HIREKOLALE ROAD UPPALLI (INDIVARA POST) CHIKMAGALURU - 577 101

¶10

…PETITIONER

¶11

(BY SRI S. RAJESH, ADVOCATE FOR SRI S.B. MUKKANNAPPA, ADVOCATE)

¶12

AND :

¶13

Digitally signed by AMBIKA H B Location: High Court of Karnataka

¶14

STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION VIKASA SOUDHA BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY

¶15

THE EXECUTIVE DIRECTOR KARNATAKA EXAMINATION AUTHORITY [KEA 18^TH CROSS ROAD SAMPIGE ROAD BANGALORE - 560 012

¶16

…RESPONDENTS

¶17

(BY SRI M.N. SUDEV HEGDE, AGA FOR R1 & SRI N.K. RAMESH, ADVCOATE FOR R2)

¶18

¶19

NC: 2024:KHC:37129-DB WP No. 24020 of 2024

¶20

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 2^ND RESPONDENT TO CORRECT THE CATEGORY OF THE PETITIONER AS OBC III[B] IN TERMS OF THE CAST AND INCOME CERTIFICATE ISSUED BY THE COMPETENT AUTHORITY AT ANNEXURE-F AS REQUESTED BY THE PETITIONER UNDER WRITTEN REPRESENTATION DATED 15.08.2024 AT ANNEXURE-D OF WRIT PETITION AND FURTHER CONSIDER THE CASE OF THE PETITIONER IN THE COUNSELING UNDER CATEGORY OBC-III[B] FOR MEDICAL SEAT & ETC.

¶21

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶22

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA

¶23

and

¶24

HON'BLE MR JUSTICE K V ARAVIND

¶25

ORAL ORDER

¶26

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

¶27

Heard learned advocate Mr. S. Rajesh for learned advocate Mr. S.B. Mukkannappa for the petitioner, learned advocate Mr. N.K.

¶28

Ramesh who appears upon service of copy of the petition in advance on behalf of respondent No.2-Karnataka Examinations Authority and also appears, upon receipt of copy in advance,

¶29

3 - NC: 2024:KHC:37129-DB WP No. 24020 of 2024

¶30

learned Additional Government Advocate Mr. M.N. Sudev Hegde for respondent No.1.

¶31

What is prayed by the petitioner in this petition filed under Article 226 of the Constitution of India is to direct respondent No.2Karnataka Examinations Authority (KEA) to correct the category of the petitioner as OBC-III (B) in terms of the Caste and Income Certificates issued by the competent authority as requested by the petitioner in his representation dated 15.08.2024. The petitioner thereafter prays to consider his case for counselling under the aforesaid category OBC-III (B) for medical seat.

¶32

The case of the petitioner is that the petitioner having passed the second year Pre-University Examination with distinction marks in March-2023 and also having passed the National Eligibility-cumEntrance Test (NEET-UG) and secured 1,24,657 NEET All India ranking, the petitioner belongs to Christian caste category which is OBC-III (B).

¶33

It is stated that respondent No.2-KEA has wrongly shown the category of the petitioner as General Merit (GM) and income is shown to be zero in the verification slip on the website, which is

¶34

4 - NC: 2024:KHC:37129-DB WP No. 24020 of 2024

¶35

according to the petitioner contrary to the Caste Certificate issued by the Tahsildar . It is the grievance of the petitioner that respondent No.2-KEA has not replied to the request of the petitioner. Therefore, the petitioner has made a representation dated 15.08.2024 which is pending for consideration.

¶36

Learned advocate Mr. N.K. Ramesh for respondent No.2KEA would submit that the process of admission and the counselling is underway and that the first round of counselling is already over.

¶37

In the totality of the facts and circumstances and having regard that the representation of the petitioner dated 15.08.2024 is not decided and not responded, the limited relief which could be granted to the petitioner is to direct respondent No.2-KEA to decide the representation of the petitioner.

¶38

Accordingly, without going into merits and without expressing anything on merits, this petition is disposed of by directing respondent No.2-KEA to consider the representation of the petitioner dated 15.08.2024 in accordance with law and

¶39

¶40

NC: 2024:KHC:37129-DB WP No. 24020 of 2024

¶41

communicate the decision to the petitioner within two weeks from

¶42

today.

¶43

Sd/(N. V. ANJARIA) CHIEF JUSTICE

¶44

Sd/(K V ARAVIND) JUDGE

¶45

AHB, List No.: 2 Sl No.: 5

Sri Samith Loyal Dsouza v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Samith Loyal Dsouza v. State of Karnataka

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

The Management of Vs the State of Karnataka

Mrs. Lachmi Nandwani Vs Sri P Nanda Kumar

Zainab Fathima Vs State of Karnataka

Ms Siri Srikanth Vs Shri H S Prasanna

Smt Doddamma Vs Dr Ranganatha

M/S Hind Traders Vs State of Karnataka