Pruthvi M Vs State of Karnataka

AKASH INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTRE PRASANAHALLI MAIN ROAD, NEAR KEMPEGOWDA INTERNATIONAL AIR PORT, DEVANAHALLI BANGALORE-562110 REPRESENTED BY ITS

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2 - NC: 2025:KHC:31348-DB WP No. 23072 of 2023

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HC-KAR

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MANAGING TRUSTEE AND SECRETARY MUNIRAJU K

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…PETITIONERS

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(BY SRI. BIPIN HEGDE., ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY THE SECRETARY, MEDICAL EDUCATION M S BUILDING VIDHANA VEEDHI BANGALORE-01

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KARNATAKA EXAMINATION AUTHORITY REPRESENTED BY EXECUTIVE DIRECTOR, 18TH CROSS, SAMPIGE ROAD MALLESHWARAM, BANGALORE-560012

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RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES JAYANAGAR BANGALORE-560041

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THE NATIONAL MEDICAL COMMISSION, POCKET - 14, SECTOR 8, DWARAKA PHASE - I, NEW DELHI - 110007, REPRESENTED BY ITS EXECUTIVE SECRETARY.

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…RESPONDENTS

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(BY SRI.SUDEV HEGDE, AGA FOR R1; SRI N K RAMESH, ADV., FOR R2; SMT. ANUPARNA BORDOLOI FOR R3; SRI N KHETTY, CGSC FOR 4)

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3 - NC: 2025:KHC:31348-DB WP No. 23072 of 2023

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO DECLARE THAT THE ADMISSIONS GRANTED TO PETITIONERS 1 AND 2 ARE VALID AND THEY ARE ENTITLED TO CONTINUATION OF THEIR STUDIES BY APPROVING THEIR ADMISSIONS FOR MBBS COURSE FOR THE YEAR 2022-23 AND ETC.,

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

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CORAM: HON'BLE MR. JUSTICE D K SINGH and

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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 petitioners No.1 and 2 are the students of MBBS course in petitioner No.3 college. The petitioners No.1 and 2 had appeared in NEET, the National Eligibility cum Entrance Test for admission to the MBBS course for the academic year 2022-23. Rank of the petitioners were 10,18,495 and 7,11,875 respectively. The petitioners No.1 and 2 though paid the registration fee through online for getting themselves

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HC-KAR

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registered in KEA, but did not uploaded their results of NEET examination. It appears that petitioners No.1 and 2 were fully knew that they would not get any seat because of their low ranking in the NEET examination result. The petitioners No.1 and 2 therefore, approached the third petitioner college to take admission and the petitioner No.3 willingly admitted them without the petitioner Nos.1 and 2 having been sponsored by the KEA as per the procedure prescribed for allotting the students to the different medical colleges.

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This Court vide interim orders passed from time to time has allowed the petitioners No.1 and 2 to continue their studies in the college. They have completed two years of their studies and now they are in third year of their studies of MBBS course.

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We do not approve the conduct and methodology applied by the third petitioner in admitting the petitioners No.1 and 2 on their own, who were not sponsored through counseling by the KEA to the third petitioner college. However, considering the fact that the petitioner Nos.1 and 2 have

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HC-KAR

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completed two years of their studies and now they are pursuing their third year for which the examination is scheduled in the next month, interdicting their studies at this stage would not be in the interest of justice and interest of the careers of the petitioners No.1 and 2. However, to obviate and prevent any future misconduct and misadventure by the third petitioner in admitting the students on their own in violation of the procedure as prescribed by the National Medical Commission the third petitioner institution must be penalized which should be deterrent enough.

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Mr. Sudev Hegde, learned Additional Government Advocate submits that for management quota under the consensual agreement, the annual fee for the academic year 2022-23 was more than Rs.27 lakhs, the fact which is not in dispute.

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We therefore, deem it appropriate to penalize the third petitioner institute by directing them to deposit Rs.20 lakh for each of the two students in the Armed Forces Battle Casualties Welfare Fund (AFBCWF) bearing Account

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HC-KAR

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No.90552010165915 of Canara Bank Ltd., DoD, South Block, IFSC Code - CNRB0019055, within a period of six weeks from today. We also record their undertaking that in future they will admit only the students sponsored through counseling by the KEA and no other student shall be admitted by them on their own. If they endeavor to take admission of any student other than the students sponsored by the KEA, it would amount to the contempt of the court and the appropriate proceedings may be drawn against them in future.

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We are giving quietus to this writ petition only keeping in mind the interest of the students in the interest of justice. The writ petition is disposed of permitting the petitioners No.1 and 2 to complete their studies of MBBS course from the third petitioner college, with direction to the third petitioner to pay Rs.40 lakh within a period of six weeks from today in the Armed Forces Battle Casualties Welfare Fund (AFBCWF) bearing Account No.90552010165915 of Canara Bank Ltd., DoD, South Block, IFSC Code - CNRB0019055 and accepting their undertaking that in future they will not admit any student other than those who are sponsored by the KEA

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