Arunima Choudhury vs Union Of India on 10 January, 2020

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Karnataka High Court

Arunima Choudhury vs Union Of India on 10 January, 2020

Bench: P.B. Bajanthri

                          1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 10TH DAY OF JANUARY, 2020

                      BEFORE

     THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

           W.P. NO. 6142/2017 (EDN-RES )

BETWEEN:

ARUNIMA CHOUDHURY,
D/O. ARUP KUMAR CHOUDHURY,
AGED ABOUT 18 YEARS,
#B-015, ADMIRATY AVENUE,
80/81 PAPPA REDDY PALYA,
13TH CROSS, INDIRANAGAR 2ND STAGE,
BANGALORE - 560 038.
                                      ... PETITIONER

(BY SRI. DIWAKARA AND ASSOCIATES ADVOCATE FOR
PETITIONER (ABSENT))

AND:

1.     UNION OF INDIA
       REPRESENTED BY ITS
       PRINCIPAL SECRETARY,
       MINISTRY OF HOME AFFAIRS,
       NORTH BLOCK,
       CENTRAL SECRETARIAT,
       NEW DELHI-110 001.

2.     UNION OF INDIA
       REPRESENTED BY ITS
       PRINCIPAL SECRETARY,
       MINISTRY OF OVERSEAS
       INDIAN AFFAIRS,
       AKBAR BHAWAN,
       CHANAKYAPURI,
       NEW DELHI-110 021.
                           2




3.   STATE OF KARNATAKA
     REPRESENTED BY ITS
     PRINCIPAL SECRETARY,
     HIGHER EDUCATION,
     ROOM NO.645, 6TH FLOOR,
     M.S. BUILDING,
     BANGALORE - 560 001.

4.   KARNATAKA EXAMINATION
     AUTHORITY (KEA)
     SAMPIGE ROAD,
     18TH CROSS ROAD, MALLESWARAM,
     BANGALORE-560 012,
     REPRESENTED BY
     EXECUTIVE DIRECTOR

5.   CHIEF EXECUTIVE OFFICER
     COMMON ENTRANCE TEST (CET CELL),
     FOR PROFESSIONAL EDUCATION CELL,
     MALLESHWARAM,
     BANGALORE-560 003.
                                  ... RESPONDENTS

(BY SRI. VENKATA REDDY FOR R1 AND R2
SRI. M.R. SINCHANA FOR R1 AND R2
SMT. PRAMODHINI KISHAN AGA FOR R3.
SRI. N.K. RAMESH, ADVOCATE FOR R4 AND R5
SRI. K.S. BHEEMAIAH, ADVOCATE FOR R1 AND R2.)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-4 AND 5 TO ALLOW FOR GRANT OF
RELAXATION TO THE PETITITONER TO APPEAR FOR KCET
EXAM 2017 TO BE HELD ON APRIL 2017 AND ETC.,

      THIS PETITION IS COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:-


                      ORDER

None appears for the petitioner. 3

2. Petitioner has prayed for the following reliefs:

(a) Issue a writ of mandamus or any other suitable writ directing the respondent No.4 and No.5 to allow for grant of relaxation to the petitioner to appear for KCET exam 2017 to be held on April 2017.

(b) To direct the respondents to implement a specific option providing for a distinction for Overseas Citizen Card Holders vis-à-vis Foreigner Citizens thereby providing OCI Card Holders like the petitioner the same opportunity as per law as any other domicile student who has been residing in the state of Karnataka, in the interest of justice.

(c) To pass any such other order or direction as deemed fit in the facts and circumstances of the case, in the interest of justice.

(d) There is no alternative remedy except to file this writ petition.

3. Learned counsel for respondent Nos.4 and 5 on instructions submitted that petitioner was permitted to participate in the process of KCET entrance examination, further development is not made known by the petitioner.

4. In view of the prayer r/w the fact that petitioner was permitted to participate in the KCET entrance examination, till date petitioner has not appraised further development in the matter. Accordingly, petition stands dismissed.

Sd/-

JUDGE BS

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Karnataka High Court