Karnataka High Court
Dr Chaitana Biradar vs The Secretary on 17 June, 2010
Author: Mohan Shantanagoudar
Bench: Mohan Shantanagoudar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17?" DAY OF JUNE, 2010
BEFORE
THE HON'BLE MR. JUSTICE MOHAN SHANTANAGOEDAR
WRIT PETITION NO18363/2010 (EDNwRES>--. E 55] ._
BETWEEN ; E W
Dr. CHAITANA BIRADAR
D/O ANNARAY BIRADAR
AGED ABOUT 25 YEARS
R/O VIDYANAGAR, ASHRAM = _
BIJAPUR. V * u " ...PETITIONER
(By RAJENDRA DESAI.ASSOCIATES,'IAAEIYJE ' -
1. THESECRETARY.
I MEDICAL EDUC-ATION
' . VIDHANA SOUDHACC'
I BANG ALQRE>w__560 001.
2. E" TIiE.IREGISTRA'R
RA-J_IV GANDHI UNIVERSITY OF
; HEALHTHIE SCIENCES
AT" "T"-BLOCK, JAYANAGAR,
' V. BANGALORE A 560 04:. ...RESPONDENTS
_.gBy.'RSE'NI.KESHAVA REDDY, AGA FOR RI ' S1iR.N.§{ RAMESH, ADV., FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES AND 227 OE THE CONSTITUTION OE INDIA WIfrfHrV'A PRAYER TO DIRECT THE RESPONDENTS T0 COl_\3_S]1)ER----. ANNEXUREA AND ALLOT ONE OUT OF I*7'lfVEi' ' RESERVED SEATS FOR PHYSICALL-Y HANDICAPPED MDS To THE PETITIONER HEREIN WITH'OU'1', L,EVfI'INO*--« ANY FINE AND ETC.
THIS WRIT PETITION -COMING' VON': 'FOR PRELIMINARY HEARING -- 'B' GR.O'£lP THIS DAY, COURT PASSED THE FOLLOWING; " 3 Petitioner has _songh_t.fo1§A_a directi0I§~~.'tQ_ytheifrespondents to consider the represe4ntati~on"'A'nnyeXu1'6A'iK.,_Zlllduallot one seat out of 5 reserved Seatsifor physicallyilhaiadicappeci stndents for M138 Course.
2. The rierzords reveal S that the petitioner appeared for evntrance test for'getting "MDS___Seat. She is a physically handicapped person.;iCOnsegnently" she applied for seat under "physically handicapped" quota, The respondents announced the seat matrix for E..MDS_cOurse...5v1'Seats are allotted to physically handicapped persons. the petitioner figures in the merit list of physically 'V.fp'h.a_n'd'icapped persons prepared by the respondents after the entrance ' egairnnation. Out of the total. 9 candidates whose names found place M» academic year has created the confusion. Had the State Government reserved the seats for physically handicapped persons by applying 3% in the last academic year this problem would not have arisen._:itt._V is but natural for the petitioner to feel hurt that she is not :_. seat in this academic year though she was 5* meritorie--us._candidate and that 5 seats are reserved for physically:ahandicapped .:perg.nns§::1n :, it this View of the matter learned advocate for thep_etitioner:
in submitting that the benefit given Court No. 182610009 may be extendedVto._the petiti;onlei*--..tovr.the next academic year by allotting her a seat. Since:'_the peptitioner ipseiititled to get a seat this yearpshe 'shoulltlfr-..ottbe' of. She should get justice at least belatedly bygettving seat. itrthe next academic year. However in the said.«.process, quota. relating to physically handicapped A'pe_rs»ons~fo1t .the.pnec'tvacademic year should not be reduced. If the petitione1"--.~'is val-Iottedll seat from among the seats reserved for physically handicapped quota for the next academic year then one of lthefe1ig'ible candidates for the next academic year belonging to the handicapped category would be put to loss and hardship. Hill"---..ppl"i"berei'"ore having regard to the totality of the facts and L./x circumstances, in my considered opinion, interest of justice would be met if the petitioner is allotted a seat in the next academic year from out of the seats pertaining to General Merit Category by redtiycinrgl one seat from out of the seats meant for General Merit category." . is because the General Merit category candidates are h'ene'fitejd last academic year and previously thereto.
Accordingly the respondents sli.al'l---.a.llotiai'seat to in MDS course in the next academic from among the seats earmarked for General. by reducing 1 seat in the said category; is «iresieirvation given to the physi.call.y' h.andiC'appedi should be adhered to as directed by this"Co'urt 18261/2009. Seats under that 'category,.sl3onlid not be '1-ednced.in the next academic year. »A They v.rvrit«petiVti'or_1_is disposed off accordingly. Sd/w JUDGE