Sri. Dharanesh. N. K. Vs the State of Karnataka

SRI. DHARANESH. N. K. SRI. KRISHNACHARYA.N, AGED ABOUT 19 YEARS, NALKUNDI VILLAGE, HARADANAHALLI POST, DEVALAPPURA HOBALI, NAGAMANGALA, MANDYA-571 445

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…PETITIONER

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(BY SRI. CHETHAN B C., ADVOCATE)

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AND:

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Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA HIGHER EDUCATION DEPARTMENT, 6TH FLOOR, M.S. BUILDING BANGALORE - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY

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KARNATAKA EXAMINATION AUTHORITY AND COMMON ENTERANCE TEST CELL, 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BANGALORE - 560012 REPRESENTED BY ITS CHIEF EXECUTIVE DIRECTOR

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THE DIRECTOR, ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, SOUTH WEST REGIONAL OFFICE,

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2 -

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NC: 2025:KHC:30528-DB WP No. 22823 of 2025

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HC-KAR

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P.K. BLOCK, PALACE ROAD, GANDHINAGAR, BANGALORE-560 009

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…RESPONDENTS

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(BY SRI. SUDEV HEGDE, AGA FOR R-1; SRI. N.K. RAMESH., ADVOCATE FOR R-2)

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THIS WRIT PETITION IS UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, FILED PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ENDORSEMENT DATED 07.07.2025 ISSUED BY THE SECOND RESPONDENT IN COMMUNICATION BEARING No. ED/KEA/LEGAL/SCN/2024-25 DATED 07.07.2025 IS PRODUCED AS ANNEXURE-K, ETC.

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

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The petitioner appeared in Common Entrance Test - 2024

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and secured ranking at 35678. The petitioner was allotted SJB Institute of Technology, Bengaluru against the Government seats. The petitioner however did not take admission in the said college. Show cause notice dated 23.10.2024 (Annexure - D) was issued to the petitioner by the Karnataka Examination Authority for not taking admission and blocking the seat. The petitioner replied to the said show cause notice on 19.11.2024 (Annexure - E) stating therein that the petitioner was suffering

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3 - NC: 2025:KHC:30528-DB WP No. 22823 of 2025

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HC-KAR

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from severe back pain and he had difficulty even for taking a walk. After treatment, doctor advised him to take two months rest, and therefore, he could not take admission for the academic session 2023-24. He also requested to allow the petitioner to take admission in the next academic year and permit him to write entrance examination for the academic year 2024-25. After replying to the show cause notice, the petitioner wrote the Common Entrance Test - 2025 and improved his ranking from 35678 to 23178.

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The petitioner's request for the allotment of the college has been rejected by the impugned endorsement dated 07.07.2025 on the ground that under the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions, Rules 2006 (for short, 'the Rules of 2006') particularly the proviso to Rule 3(1)(c), the candidate who fails to take admission in a particular discipline shall not be eligible to appear for the Common Entrance Test conducted by the Common Entrance Test Cell for selection of a seat in the same discipline in the next or subsequent academic year.

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4 -

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NC: 2025:KHC:30528-DB WP No. 22823 of 2025

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HC-KAR

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The proviso to Rule 3(1)(c) of the Rules of 2006 reads as under:

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"Provided that no candidate who has obtained a seat in any discipline through CET cell in any previous year shall be eligible to appear for the Common Entrance Test conducted by the CET Cell for selections of a seat in the same discipline."

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The provision of Rule 3(1)(c) is explicit and unambiguous, which provides that a candidate who has opted a seat in any discipline through Common Entrance Test Cell in previous years shall not be eligible to appear in the common entrance test conducted by Common Entrance Test Cell in the next or subsequent academic years for selection of a seat in the very same discipline.

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In the present case, the petitioner was allotted a seat in engineering in pursuance to the result of the Common Entrance Test -2024, and the petitioner failed to take admission. Therefore, the petitioner cannot write the common entrance examination for Engineering for the next academic year or subsequent academic sessions.

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5 -

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NC: 2025:KHC:30528-DB WP No. 22823 of 2025

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HC-KAR

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In view thereof, we do not find that the impugned

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endorsement dated 07.07.2025 suffers from any illegality or perversity which requires the interference by this Court in exercise of jurisdiction under Article 226 of the Constitution of India. Therefore, we have no option but to dismiss the writ petition. Thus, the writ petition stands dismissed.

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Sd/(D K SINGH) JUDGE

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Sd/(VENKATESH NAIK T) JUDGE

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RKA

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List No.: 1 Sl No.: 43

Sri. Dharanesh. N. K. v. the State of Karnataka

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Sri. Dharanesh. N. K. v. the State of Karnataka

Case brief

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