Karnataka High Court
Karnataka Examination Authority vs Keerthana. Y. H on 23 September, 2022
Author: Alok Aradhe
Bench: Alok Aradhe
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.A. NO.900 OF 2022 (EDN-RES)
C/W
W.A. NO.889 OF 2022 (EDN-RES)
W.A. NO.901 OF 2022 (EDN-RES
W.A. NO.902 OF 2022 (EDN-RES)
W.A. NO.903 OF 2022 (EDN-RES)
W.A. NO.904 OF 2022 (EDN-RES)
W.A. NO.905 OF 2022 (EDN-RES)
IN W.A. NO.900 OF 2022
BETWEEN:
KARNATAKA EXAMINATION AUTHORITY
18th CROSS, SAMPIGE ROAD
MALLESHWARAM, BENGALURU 560012
REP BY ITS EXECUTIVE DIRCTOR.
... APPELLANT
(BY MR. N.K. RAMESH., ADV.,)
AND:
1. KEERTHANA Y.H.
D/O HANUMANTHA REDDY, AGE 19 YEARS
R/AT VAICHAKURAHALLI VILLAGE
RAMPURA GOWRIBIDANUR TALUK
2
CHIKKABALLAPURA DISTRICT 561210
KARNATAKA STATE.
2. VANDANA P
D/O Y.N. PRAKASH, AGE 19 YEARS
R/AT VAICHAKURAHALLI VILLAGE RAMPURA
GOWRIBIDANUR TALUK
CHIKKABALLAPURA DISTRICT 561 210
KARNATAKA STATE.
3. DEEKSHITHA R
D/O RAMESHA R, AGE 19 YEARS
R/AT NO. 2086, SANTHEMAIDANA
B.M ROAD, KOLAR, KOLAR DISTRICT 563 101
KARNATAKA STATE.
4. NEHANANDA A
D/O ANANDA N, AGE 19 YEARS
R/AT DODDAKADTHUR
MALUR TALUK, KOLAR DISTRICT
KARNATAKA STATE.
5. YESHWANTH A
S/O AMARESH C K, AGE 19 YEARS
R/AT TEKAL ROAD
NEAR NANDINI BAR AND RESTAURANT
CHOWESHWARI NAGAR
KOLAR DISTRICT 563101
KARNATAKA STATE
6. KAVANA R
D/O RAMACHANDRA REDDY, AGE 18 YEARS
R/O VARANASI VILLAGE, MUDUWADI POST
KOLAR TALUK AND DISTRICT 563 126
KARNATAKA STATE.
7. SHREYAS R. GOWDA
S/O RAVINDRA N, AGE 19 YEARS
R/AT BEECHAGONDAHALLI
SANTHEKALLAHALLI POST
KOLAR TALUK AND DISTRICT 5563128
KARNATAKA STATE.
8. N. VASANTHGOWDA
S/O NAGABHUSHANA V, AGE 19 YEARS
R/AT NO. 68, BOYLSONNENAHALLI
KOLAR DISTRICT 563 129
KARNATAKA STATE.
3
9. N.K. HITESH
S/O N H KUMAR, AGE 19 YEARS
R/AT NO. 60 NISARGA
4th CROSS, 5th MAIN
J B KAVAL INDUSTRIAL AREA
SHANKAR NAGAR, BENGALURU
NORTH BENGALURU 560 096
KARNATAKA STATE.
10. M.B. GOURAV
S/O M. BYREGOWDA, AGE 19 YEARS
R/AT NO. 30, A/2, 19th B MAIN
14th CROSS, 1st BLOCK
RAJAJINAGAR, BENGALURU
NORTH BENGALURU 560 010
KARNATAKA STATE.
11. MADANKUMAR N
S/O MAHADEVASWAMY, AGE 19 YEARS
R/AT NO.195, YATHICH, JAI MARUTHI NAGAR
NANDINI LAYOUT, BENGALURU 560 096
KARNATAKA STATE.
12. KUMARASWAMY S
S/O NAGARAJA S, AGE 19 YEARS
R/AT NO. 91, BENNIHALLI
HARAPANAHALLI TALUK
DAVANAGERE DISTRICT 583127
KARNATAKA STATE.
13. VARSHA .C
D/O CHIKKAKESHAVA MURTHY R, AGE 19 YEARS
R/AT NO. 3356/3, WARD NO. 3
NEAR PRASHANTHI BALAMANDIRA
NORTH EXTENSION, CHIKKABALLAPURA 562 101
KARNATAKA STATE.
14. MANASWINI G
D/O GOPALAKRISHNA M, AGE 19 YEARS
R/AT 1656, 16th MAIN
BANASHANKARI Ist STAGE
BENGALURU 560 050, KARNATAKA STATE.
15. SHRAVANI P
D/O PAPANNA G, AGE 19 YEARS
R/AT 17th MAIN, BEHIND MARUTHI MANDIR
VIJYANAGAR, BENGALURU 560 040
KARNATAKA STATE.
4
16. ABHISHEK R
S/O RAJU H, AGED ABOUT 19 YEARS
R/AT 235, 4th MAIN, 4th CROSS
AVALAHALLI, BENGALURU 560 085
KARNATAKA STATE.
17. JAYANTHI M S
S/O SOMASHEKAR, AGE 19 YEARS
R/AT NO. 81, 1st CROSS
BRINDAVANA LAYOUT, KENGERI
BENGALURU 560 060, KARNATAKA STATE.
18. SUHAS PAPANASHI
S/O NAGESH PAPANASHI, AGE 19 YEARS
R/AT 310, 3rd FLOOR
SS SWADHAMA APARTMENTS
SMV LAYOUT, 5tH BLOCK
ULLAL MAIN ROAD, KENGERI
BENGALURU 560 110, KARNATAKA STATE.
19. NIKITHA M
D/O MUNIVENKATAPPA M.C., AGE 19 YEARS
R/AT 20-21, 1st MAIN ROAD
6TH CROSS, MSR GREEN CITY LAYOUT
SEEGEHALLI, K.R. PURAM
BENGALURU 560 049, KARNATAKA STATE.
20. A.V. SAMANVITHA BHAT
D/O A. VIJAYAKUMAR
AGED ABOUT 19 YEARS
R/AT 746, 2nd MAIN E BLOCK
2nd STAGE, RAJAJINAGAR
BENGALURU 560 010, KARNATAKA STATE.
21. SUCHITHRA B
D/O BHYRAPPA T R, AGE 19 YEARS
R/AT RAMASWAMY NILAYA
KUNDURU CROSS
OPP. SAGEEVINI NURSERY, BELAGUMBA
TUMKURU DISTRICT 572 101
KARNATAKA STATE.
22. HANSIKHA VENKATESH
D/O VENKATESH G, AGE 19 YEARS
R/AT NO.3 1ST FLOOR, 1ST CROSS
ANJANEYA LAYOUT, THINDLU MAIN ROAD
VIDYARANYAPURA, BENGALURU-560097
KARNATAKA STATE.
23. MITHRAVINDRA B R
5
D/O RAMESH B M, AGE 19 YEARS
R/AT BEKKALALE VILLAGE
KOPPA HOBLI, MADDUR TALUK
MANDYA DISTRICT-571425, KARNATAKA STATE.
24. ARCHANA A L
D/O ANJINAPPA, AGE 19 YEARS
R/AT GUNDAMAGERE VILLAGE AND POST
DODDABALLAPUR TALUK
BENGALURU RURAL DISTRICT-560097
KARNATAKA STATE.
25. YAMUNA A M
D/O MANJUNAHTA D K, AGE 19 YEARS
R/AT ALUR HIRIYUR
CHITRADURGA DISTRICT-577596
KARNATAKA STATE.
26. VYSHNAVI R
D/O RANGE GOWDA V, AGE 19 YEARS
CHINNAGENAHALLI VILLAGE
GOWRIBIDANUR TALUK
CHITRADURGA DISTRICT-561211
KARNATAKA STATE.
27. MR. N.B. THANUSH
S/O MR. N. BALAJI, AGE 19 YEARS
RESIDING AT NO.253, 4TH CROSS
5TH MAI GOKUL EXTENSION
DIVANARAPALYA, BANGALORE-560054
KARNATAKA STATE.
28. MR. HRISHIK L
S/O MR LAKSHMIKANTH L, AGE 19 YEARS
RESIDING AT NO.1020
KUCHHAPPANAPETE, DODDABALLAPURA-561203
KARNATAKA STATE.
29. MS. ANANYA S. KAMBI
D/O MR. T.R. SATISH, AGE 19 YEARS
RESIDING AT NO.107
8TH MAIN, 6TH PHASE, 1ST STAGE
MAHAGANAPATHI NAGAR, RAJAJINAGAR
BANGALORE-560010, KARNATAKA STATE.
30. MR. TEJAS M
S/O MR. S. MANJUNATH
AGED ABOUT 19 YEARS
RESIDING AT LAKSHMI NARASIMHASWAMI
6
NILAYA, BEHIND JR COLLEGEP
PARASHURAMAPURA, CHALLAKERE TALUK
CHITRADURGA -577538, KARNATAKA STATE.
31. MR. SADASHIVASWAMI HIREMATH
S/O MR. KUMARASWAMY, AGE 19 YEARS
RESIDING AT BAGALAKOT MAIN ROAD
WARD NO.2, VTC AMINAGAD PO
AMINAGAD, HUNGUND SUB DISTRICT
DISTRICT BAGALKOT-587112
KARNATAKA STATE.
32. MR. CHINMAY G S
S/O MR. SHIVAKUMAR G S, AGE 18 YEARS
RESIDING AT NO.1726/11A 3RD MAIN
3RD CROSS, NEAR SVS CONVENT
NITTUVALLI, NEW EXTN
DAVANAGERE-577004, KARNATAKA STATE.
33. MS. SANJANA B
D/O MR. BETTASWAMY K N, AGE 19 YEARS
RESIDING AT NO.239
SRI RENUKA NILAYA
9TH CROSS, NELAMAHESHWARI NAGAR
T. DASARAHALLI, BANGALORE NORTH-560057
KARNATAKA STATE.
34. MS. DISHITHA M R
D/O MR. RANGASWAMY M R, AGE 18 YEARS
R/AT. 1ST E CROSS, G M COTTAGE ROAD
NELAGADRANAHALLI, GRUHALAKSHMI LAYOUT
NAGASANDRA POST, BANGALORE-560073
KARNATAKA STATE.
35. MS. YOSHITHA R
D/O MR. RAVIRAGHU KUMAR, AGE 19 YEARS
RESIDING AT NO.10, 1ST FLOOR, 2ND CROSS
SRI LAKSHMI VENKATESHWARA NILAYA
BTM LAYOUT, 1ST STAGE, OLD MADIWALA
BANGALORE-560068, KARNATAKA STATE.
36. MR. NAVEEN BELLARY
S/O MR. NAGARAJ BELLARY, AGE 19 YEARS
RESIDING AT NO.303
21ST MAIN, 17TH CROSS
J P NAGAR, 5TH PHASE
BANGALORE-560078, KARNATAKA STATE.
37. MS. IRSHITA SAANCHI
7
D/O MR. KRITISH SUVARNA AND MRS MANJULA
AGED ABOUT 19 YEARS
RESIDING AT NO.2-55/7
SAIMON LANE HOLY HILL
KANAPATHAGGU MARDI
MANGALORE, DAKSHINA KANNADA-575005
KARNATAKA STATE.
38. MR. SINCHAN K N
D/O MR. NAGARAJ K V, AGE 18 YEARS
RESIDING AT NO.3803
12TH CROSS, 2ND STAGE
KUMARASWAMY LAYOUT
BANGALORE-560078, KARNATAKA STATE.
39. MR. SUHAS S
S/O A. SRINIVASA, AGE 18 YEARS
RESIDING AT NO.413
2/1 MAIN ROAD, 1ST BLOCK
RAMA KRISHNA NAGAR
MYSORE-570023, KARNATAKA STATE.
40. MS. SUPRIYA S
D/O A SRINIVASAM, AGE 18 YEARS
RESIDING AT NO.413, 2/1 MAIN ROAD
1ST BLOCK, RAMA KRISHNA NAGAR
MYSORE-570023, KARNATAKA STATE.
41. MR. KUSHAL P V
S/O MR. VEERABHADRAPPA P M, AGE 19 YEARS
RESIDING AT NO.72, MAIN ROAD
GOVINDAPPA STREET, WARD NO.13
HOLALKERE, CHITRADURGA-577526
KARNATAKA STATE.
42. MS. ANVITHA J. SHETTY
D/O MR. K. JYOTHIKUMAR SHETTY, AGE 18 YEARS
RESIDING AT NO.503
SIRIHONEY APARTMENTS
6TH CROSS ROAD, KATRIGUPPE
BSK 3RD STAGE, BANGALORE-560085
KARNATAKA STATE.
43. MS. UMME UBES
D/O MR. MUSHTAQ AHAMED, AGE 19 YEARS
RESIDING AT MALEBENUR
HARIHAR TALUK, DAVANAGERE
KARNATAKA STATE.
8
44. MS. MEGHANA H M
D/O MR. H. MOHAN, AGE 18 YEARS
RESIDING AT NO.2127
8TH MAIN D BLOCK
NEAR MANJUSHREEE MEDICALS
2ND STAGE, RAJAJINAGAR
BANGALORE-560010, KARNATAKA STATE.
45. ANEESH SANGAMESHWAR AINAPUR
S/O SANGAMESHWAR AINAPUR, AGE 18 YEARS
RESIDING AT SLNC, LAKSHMI KUTEERA
19TH CROSS, KASHIMATH ROAD
MALLESHWARAM, BENGALURU-560003
KARNATAKA STATE.
46. STATE OF KARNATAKA
DEPT OF HIGHER EDUCATION
VIKASA SOUDHA, BENGALURU-560001
REPRESENTED BY ITS SECRETARY.
47. DEPT OF PRE UNIVERSITY EDUCATION
M S BUILDING, BENGALURU-560001
REPRESENTED BY ITS DIRECTOR.
48. STATE OF KARNATAKA
REP. BY ADDITIONAL CHIEF SECRETARY
HIGHER EDUCATION
ACS ESTABLISHMENT
2ND GATE, 6TH FLOOR
M S BUILDING, BENGALURU-560001.
49. ESHWAR
S/O RAMANATH GUPTA V.A., AGE 19 YEARS
R/O NANJUNDESHWARA
LIONS BHAVANA ROAD
SAI MADHUVANA LAYOUT
CHIKKAMAGALORE-577101
KCET NO.22UGEKN205.
50. GAGANA A.N.
D/O A.B. NINGAPPA, AGE 19 YEARS
R/O GAGANA NILAYA, RHB COLONY
8TH CROSS, MAHADEVAPURA
BANGALORE, KCET NO.22UGECT071.
51. DARSHAN M.B.
S/O BALAJI M.S., AGE 19 YEARS
R/O D. MALLIGERE, HOSAGAVI POST
KOPPA, MADDUR TQ, MANDYA DIST
9
KCET NO.22UGEVG190.
52. DHANUSHKA S. REDDY
D/O SRINIVASA REDDY C.N., AGE 19 YEARS
R/O. 11, KOMMAGHATTA
KENGERI HOBLI, BANGALORE
KCET NO.22UGECV120.
53. DURGESH GOWDA S.S.
S/O S.N. SAMPATH, AGE 19 YEARS
R/O VIVEKANANDANAGAR
BANGARPET, KOLAR
KCET NO.22UGERM459.
54. UJJWAL S.P.
S/O S.N. PRAKASH, AGE 19 YEARS
R/O 43, 2ND CROSS, MAYANNA LAYOUT
SRIKANTHPURA, NAGASANDRA POST
BANGALORE-560073
KCET NO.22UGEPW160.
55. PRATHIKSHA P
D/O PARAMESH R, AGE 19 YEARS
R/O 1-B BLOCK
OFFICERS POLICE QUARTERS
ASHOKNAGAR, TUMKUR
KCET NO.22UGEYF251.
56. SRUSHTI S. SHANKAR
D/O S.M. SHIVASHANKAR, AGE 19 YEARS
R/O EVERSHINE APARTMENTS
15TH MAIN, BASAVESHWARNAGAR
WATER TANK ROAD, BANGALORE
KCET NO.22UGEAG262.
57. B.K. BHUVAN SAHUL REDDY
S/O B.S. KRISHNA REDDY, AGE 19 YEARS
R/O 43, 15TH CROSS
BHUVANESHWARINAGAR
DASARAHALLI, BANGALORE
KCET NO.UGAU054.
58. BHUVAN G. GOWDA
S/O GOPALA GOWDA, AGE 19 YEARS
R/O B.G. TILK NAGAR
CHANNARAYAPATTNA, HASSAN DIST
KCET NO.22UGEAX017.
59. SAHANA MAGI
D/O SANGAMESH, AGE 19 YEARS
10
R/O RAGHAVENDRA COLONY
NEAR HUNNUR WATER TANK JAMAKHANDI
BAGALKOTE
KCET NO.21 UGEFT258.
... RESPONDENTS
(BY MR. D.R. RAVISHANKAR, SR. COUNSEL FOR
MR. SHIVAKUMAR, ADV., FOR R1 TO R3 AND R22 TO R27
MR. SHARABIAH SHIVANNA, ADV., FOR R14 TO R21
MR. RAJENDRA A. KULKARNI, ADV., FOR R28 TO R45
MR. DHYAN CHINNAPPA, AAG A/W
MRS. SWETHA KRISHNAPP, AGA FOR R46 TO 48)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE COMMON JUDGMENT DATED
3.9.2022 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NOS.15129/2022, 15545/2022, 15585/2022, 15586/2022,
15782/2022, 15788/2022, 16019/2022, 16417/2022 AND 16805/2022
AND DISMISS THE ABOVE WRIT PETITONS IN THE INTEREST OF
JUSTICE AND EQUITY.
IN W.A. NO.889 OF 2022
BETWEEN:
THE STATE OF KARNATAKA
REP. BY THE SECRETARY
DEPARTMENT OF EDUCATION (HIGHER)
VIKASA SOUDHA, BENGALURU 560 001.
... APPELLANT
(BY MR. DHYAN CHINNAPPA, AAG A/W
MRS. SWETHA KRISHNAPPA, AGA)
AND:
1. KEERTHANA Y H
D/O HANUMANTHA REDDY, AGE 19 YEARS
R/AT VAICHAKURAHALLI VILLAGE, RAMPURA GOWRIBIDANUR
TALUK
CHIKKABALLAPURA DISTRICT -561210.
2. VANDANA
D/O Y N PRAKASH, AGE 19 YEARS
R/AT VAICHAKURAHALLI VILLAGE
RAMPURA GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT
-561210.
3. DEEKSHITHA R
D/O RAMESHA R, AGE 19 YEARS
11
R/AT NO.2086, SANTHEMAIDANA
B M ROAD, KOLAR, KOLAR DISTRICT -563101.
4. NEHANANDA A
D/O ANANDA N, AGE 19 YEARS
R/AT DODDAKADTHUR, MALUR TALUK
KOLAR DISTRICT-563130.
5. YESHWANTH A
S/O AMARESH C K, AGE 19 YEARS
R/AT TEKAL ROAD, NEAR NANDINI BAR AND RESTAURANT,
CHOWESHWARI NAGAR
KOLAR DISRICT -563101.
6. KAVANA R
D/O RAMACHANDRA REDDY, AGE 18 YEARS
R/O VANARASI VILLAGE, MUDUWADI POST
KOLAR TALUK AND DISTRICT -563126.
7. SHREYAS R. GOWDA
S/O RAVINDRA N, AGE 18 YEARS
R/AT BEECHAGONDAHALLI, SANTHEKALLAHALLI POST, KOLAR
TALUK AND DISTRICT -5563128.
8. N. VASANTHGOWDA
S/O NAGABHUSHANA V, AGE 19 YEARS
R/AT NO.68, BOYLSONNENAHALLI
KOLAR DISTRICT-563129.
9. N.K. HITESH
S/O N.H. KUMAR, AGE 19 YEARS
R/AT NO.60, NISARGA, 4TH CROSS
5TH MAIN, J B KAVAL INDUSTRIAL AREA
SHANKAR NAGAR, BANGALORE NORTH
BENGALURU -560096.
10. M.B. GOURAV
S/O M. BYREGOWDA, AGE 19 YEARS
R/AT NO.30 A/2, 19TH B MAIN 14TH CROSS
1ST BLOCK, RAJAJINAGAR, BENGALURU NORTH BENGALURU -
560010.
11. MADANKUMAR N
S/O MAHADEVASWAMY, AGE 19 YEARS
R/AT NO.195, YATHICH, JAI MARUHI NAGARA NANDINI LAYOUT,
BENGALURU -560096.
12. KUMARASWAMY S
12
S/O NAGARAJA S, AGE 19 YEARS
R/AT NO.91, BENNIHALLI, HARAPANAHALLI TALUK DAVANAGERE
DISTRICT-583127.
13. VARSHA C
D/O CHIKKAKESHAVA MURTHY R, AGE 19 YEARS R/AT
NO.3356/3, WARD NO.3 NEAR PRASHANTHI BALAMANDIRA,
NORTH EXTENSION CHIKKABALLAPURA -562101.
14. THE KARNATAKA EXAMINATION AUTHORITY
18TH CROSS ROAD, SAMPIGE ROAD
MALLESHWARAM, BENGALURU -560012
REP BY THE EXECUTIVE DIRECTOR.
... RESPONDENTS
(BY MR. D.R. RAVISHANKAR, SR. COUNSEL FOR
MR. SHIVAKUMAR, ADV., FOR R1 TO R13)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE
ORDER DATED 03/09/2022 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON BLE COURT IN WP NO.15545/2022, C/W WP NO.15585/22,
C/W WP NO.15586/22, C/W WP NO.15782/22, C/W WP NO.15788/22
C/W WP NO.16019/22 AND CONSEQUENTLY DISMISS THE WRIT
PETITIONS.
IN W.A. NO.901 OF 2022
BETWEEN:
1. THE STATE OF KARNATAKA
REP. BY THE UNDER SECRETARY
DEPT OF EDUCATION
(PRE UNIVERSITY EDUCATION)
M.S. BUILDING, BENGALURU-560001.
2. THE STATE OF KARNATAKA
REP. BY ADDITIONAL CHIEF SECRETARY
HIGHER EDUCATION DEPT
GOVERNMENT OF KARNATAKA
ACS ESTABLISHMENT, 2ND GATE
6TH FLOOR, M.S. BUILDING, BANGALORE-560001.
... APPELLANTS
(BY MR. DHYAN CHINNAPPA, AAG A/W
MRS. SWETHA KRISHNAPPA, AGA)
AND:
1. MANASWINI G
D/O GOPALAKRISHNA M, AGE 19 YEARS
13
R/AT 1656, 16TH MAIN, BANASHANKARI 1ST STAGE
BENGALURU-560050.
2. SHRAVANI P
D/O PAPANNA G, AGE 19 YEARS
R/AT 17TH MAIN, BEHIND MARUTHI MANDIR VIJAYANAGAR,
BENGALURU-560 040.
3. ABHISHEK R
S/O RAJU H, AGE 19 YEARS
R/AT 235, 4TH MAIN, 4TH CROSS
AVALLAHALLI, BENGLAURU-560085.
4. JAYANTH M S
S/O SOMASHEKAR, AGE 19 YEARS
R/AT 81, 1ST CORSS, BRINDAVNA LAYOUT
KENGERI, BENGLAURU-560 060.
5. SUHAS PAPANASHI
S/O NAGESH PAPANASHI, AGE 19 YEARS
R/AT 310, 3RD FLOOR, SS SWADHAMA APARTMENTS SMV
LAYOUT 5TH BLOCK, ULLAL MAIN ROAD KENGERI, BENGALURU-
560 110.
6. NIKITHA M
D/O MUNIVENKATAPPA M.C. AGE 19 YEARS
R/AT 20-21, 1ST MAIN ROAD, 6TH CROSS
MSR GREEN CITY LAYOUT, SEEGEHALLI
K.R.PURAM, BENGALURU-560049.
7. A.V. SAMANVITHA BHAT
D/O A. VIJAYKUMAR, AGE 19 YEARS
R/AT 746, 2ND MAIN, E BLOCK, 2ND STAGE RAJAJINAGAR,
BENGALURU-560 010.
8. KARNATAKA EXAMINATION AUTHORITY
REP. BY THE SECRETARY
8TH CROSS ROAD, SAMPIGE ROAD
MALLESHWARAM, BENGALURU-560012.
... RESPONDENTS
(BY MR. SHATHABISH SHIVANNA, ADV., FOR C/R1 TO R7
MR. N.K. RAMESH, ADV., R8)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE
ORDER DATED 03/09/2022 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON BLE COURT IN WP NO.15545/2022, C/W WP NO.15585/22,
14
C/W WP NO.15586/22, C/W WP NO.15782/22, C/W WP NO.15788/22
C/W WP NO.16019/22 AND CONSEQUENTLY DISMISS THE WRIT
PETITIONS.
IN W.A. NO.902 OF 2022
BETWEEN:
THE STATE OF KARNATAKA
REP. BY THE SECRETARY
DEPT OF EDUCATION (HIGHER)
VIKASA SOUDHA, BENGALURU-560001.
... APPELLANT
(BY MR. DHYAN CHINNAPPA, AAG A/W
MRS. SWETHA KRISHNAPPA, AGA)
AND:
1. SHUCHITRA .B
D/O BHYRAPPA T.R. AGE 19 YEARS
R/AT RAMASWAMY NILAYA, KUNDURU CROSS
OPP. SANGEEVINI NURSERY, BELAGUMBA TUMAKURU
DISTRICT-572 101.
2. HANSIKHA VENKATESH
D/O VENKATESHA G, AGE 19 YEARS
R/AT NO.3, 1ST FLOOR, 1ST CROSS
ANJANEYA LAYOUT, THINDLU MAIN ROAD VIDYARANYAPURA,
BENGALURU-560 097.
3. THE KARNATAKA EXAMINATION AUTHORITY
18TH CROSS ROAD, SAMPIGE ROAD
MALLESHWARAM, BENGALURU-560012
REP. BY THE EXECUTIVE DIRECTOR.
... RESPONDENTS
(BY MR. D.R. RAVISHANKAR, SR. COUNSEL FOR
MR. SHIVAKUMAR, ADV., FOR R1 TO R2
MR. N.K. RAMESH, ADV., FOR R3)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE
ORDER DATED 03/09/2022 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON BLE COURT IN WP NO.15545/2022, C/W WP NO.15585/22,
C/W WP NO.15586/22, C/W WP NO.15782/22, C/W WP NO.15788/22
C/W WP NO.16019/22 AND CONSEQUENTLY DISMISS THE WRIT
PETITIONS.
IN W.A. NO.903 OF 2022
15
BETWEEN:
THE STATE OF KARNATAKA
REP. BY THE SECRETARY
DEPT OF EDUCATION (HIGHER)
VIKASA SOUDHA, BENGALURU-560001.
... APPELLANT
(BY MR. DHYAN CHINNAPPA, AAG A/W
MRS. SWETHA KRISHNAPPA, AGA)
AND:
1. MITHRAVINDA B R
D/O RAMESH B.M. AGE 19 YEARS
R/AT BEKKALALE VILLAGE, KOPPA HOBLI
MADDUR TALUK, MANDYA DISTRICT-571 425.
2. ARCHANA A.L.
D/O ANJINAPPA, AGE 19 YEARS
R/AT GUNDAMAGERE VILLAGE AND POST DODDABALLAPUR
TALUK
BANGALORE RURAL DISTRICT-560097.
3. YAMUNA A.M.
D/O MANJUNATHA D.K. AGE 19 YEARS
R/AT ALUR, HIRIYUR, CHITRADURGA DISTRICT.
4. VYSHNAVI R
D/O RANGE GOWDA V, AGE 19 YEARS CHINNAGENAHALLI
VILLAGE
GOWRIBIDANUR TALUK
CHITRADURGA DISTRICT-561 211.
5. THE KARNATAKA EXAMINATION AUTHORITY
18TH CROSS ROAD, SAMPIGE ROAD
MALLESHWARAM, BENGALURU-560012
REP. BY THE EXECUTIVE DIRECTOR.
... RESPONDENTS
(BY MR. D.R. RAVISHANKAR, SR. COUNSEL FOR
MR. SHIVAKUMAR, ADV., FOR R1 TO R4
MR. N.K. RAMESH, ADV., FOR R5)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE
ORDER DATED 03/09/2022 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON BLE COURT IN WP NO.15545/2022, C/W WP NO.15585/22,
C/W WP NO.15586/22, C/W WP NO.15782/22, C/W WP NO.15788/22
16
C/W WP NO.16019/22 AND CONSEQUENTLY DISMISS THE WRIT
PETITIONS.
IN W.A. NO.904 OF 2022
BETWEEN:
1. THE STATE OF KARNATAKA
REP. BY THE UNDER SECRETARY
DEPT OF EDUCATION
(PRE UNIVERSITY EDUCATION)
M.S. BUILDING, BENGALURU-560001.
2. THE STATE OF KARNATAKA
REP. BY ADDITIONAL CHIEF SECRETARY
HIGHER EDUCATION DEPT
GOVERNMENT OF KARNATAKA
ACS ESTABLISHMENT, 2ND GATE
6TH FLOOR, M.S. BUILDING, BANGALORE-560001.
... APPELLANTS
(BY MR. DHYAN CHINNAPPA, AAG A/W
MRS. SWETHA KRISHNAPPA, AGA)
AND:
1 MR. N.B. THANUSH
S/O MR. N. BALAJI, AGE 19 YEARS
RESIDING AT NO.253, 4TH CROSS
5TH MAIN, GOKUL EXTENSION
DIVANARAPALYA, BANGALORE-560 054.
2. MR. HRISHIK .L
S/O MR. LAKSHMIKANTH L, AGE 19 YEARS
RESIDING AT NO.1020, KUCCHAPPANAPETE DODDABALLAPURA-
561 203.
3. MS. ANANYA S. KAMBI
D/O MR. T.R. SATISH, AGE 19 YEARS
RESIDING AT NO.107, 8TH MAIN, 6TH PHASE
1ST STAGE, MAHAGANAPATHI NAGAR
RAJAJINAGAR, BANGALORE-560 010.
4. MR. TEJAS .M
S/O MR. S. MANJUNATH, AGE 19 YEARS
RESIDING AT LAKSHMI NARASIMHASWAMI NILAYA BEHIND JR.
COLLEGE, PARASHURAMAPURA CHALLAKERE TALUK,
CHITRADURGA-577 538.
5. MR. SADASHIVASWAMI HIREMATH
S/O MR. KUMARASWAMY, AGE 19 YEARS
RESIDING AT BAGALAKOT MAIN ROAD
17
WARD NO.2, VTC AMINAGAD PO, AMINAGAD HUNGUND SUB-
DISTRICT, DISTRICT BAGALKOT.
6. MR. CHINMAY G. S.
S/O MR. SHIVAKUMAR. G. S. AGE 18 YEARS
R/AT NO.1726/11A, 3RD MAIN, 3RD CROSS
NEAR SVS CONVENT, NITTUVALLI NEW EXTN., DAVANAGERE-
577 004.
7. MS. SANJANA .B
D/O MR. BETTASWAMY K.N. AGE 19 YEARS
RESIDING AT NO.239, SRI RENUKA NILAYA
9TH CROSS, NELAMAHESHWARI NAGAR
T. DASARAHALLI, BANGALORE NORTH-560 057.
8. MS. DISHITHA M.R.
D/O MR. RANGASWAMY M.R. AGE 18 YEARS
RESIDING AT 1ST E CROSS, G.M. COTTAGE ROAD
NELAGADRANAHALLI, GRUHALAKSHMI LAYOUT NAGASANDRA
POST, BANGALORE-560 073.
9. MS. YOSHITHA R
D/O MR. RAVIRAGHU KUMAR, AGE 19 YEARS RESIDING AT
NO.10, 1ST FLOOR, 2ND CROSS
SRI LAKSHMI VENKATESHWARA NILAYA
BTM LAYOUT, 1ST STAGE, OLD MADIWALA BANGALORE-560 068.
10. MR. NAVEEN BELLARY
S/O MR. NAGARAJ BELLARY, AGE 19 YEARS
RESIDING AT NO.303, 21ST MAIN,17TH CROSS
J. P. NAGAR, 5TH PHASE, BANGALORE-560 078.
11. MS. IRSHITA SAANCHI
D/O MR. KRITISH SUVARNA AND
MRS. MANJULA, AGE 19 YEARS
RESIDING AT NO. 2-55/7, SAIMON LANE
HOLY HILL, KANAPATHAGGU MARDI
MANGALORE, DAKSHINA KANNADA, KARNATAKA.
12. MS. SINCHAN K. N.
D/O MR. NAGARAJ. K.V. AGE 18 YEARS
RESIDING AT NO. 3803, 12TH CROSS, 2ND STAGE
KUMARASWAMY LAYOUT, BANGALORE-560 078
KARNATAKA STATE.
13. MR. SUHAS .S
S/O A. SRINIVASA, AGE 18 YEARS
RESIDING AT NO. 413, 2/1 MAIN ROAD
1ST BLOCK, RAMA KRISHNA NAGAR
18
MYSORE-570 023.
14. MS. SUPRIYA S
D/O A. SRINIVASAM, AGE 18 YEARS
RESIDING AT NO. 413, 2/1 MAIN ROAD
1ST BLOCK, RAMA KRISHNA NAGAR
MYSORE-570 023.
15. MR. KUSHAL P.V.
S/O MR. VEERABHADRAPPA. P.M. AGE 19 YEARS RESIDING AT
NO. 72, MAIN ROAD, GOVINDAPPA STREET, WARD NO. 13,
HOLALKERE
CHITRADURGA-577 526.
16. MS. ANVITHA J. SHETTY
D/O MR. K. JYOTHIKUMAR SHETTY, AGE 18 YEARS RESIDING AT
NO. 503, SIRIHONEY APARTMENTS
6TH CROSS ROAD, KATRIGUPPE
BSK 3RD STAGE, BANGALORE-560 085.
17. MS. UMME UBES
D/O MR. MUSHTAQ AHAMED, AGE 19 YEARS RESIDING AT
MALEBENUR, HARIHAR TALUK DAVANAGERE.
18. MS. MEGHANA H. M.
D/O MR. H. MOHAN, AGE 18 YEARS
RESIDING AT NO. 2127, 8TH MAIN, D BLOCK
NEAR MANJUSHREE MEDICALS, 2ND STAGE RAJAJINAGAR,
BANGALORE-560 010.
19. KARNATAKA EXAMINATION AUTHORITY
REP. BY THE SECRETARY
8TH CROSS ROAD, SAMPIGE ROAD
MALLESHWARAM, BENGALURU-560012.
... RESPONDENTS
(BY MR. RAJENDRA B. KULKARNI, ADV., FOR R1 TO R18
MR. N.K. RAMESH, ADV., FOR R19)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE
ORDER DATED 03/09/2022 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON BLE COURT IN WP NO.15545/2022, C/W WP NO.15585/22,
C/W WP NO.15586/22, C/W WP NO.15782/22, C/W WP NO.15788/22
C/W WP NO.16019/22 AND CONSEQUENTLY DISMISS THE WRIT
PETITIONS.
IN W.A. NO.905 OF 2022
19
BETWEEN:
1. THE STATE OF KARNATAKA
REP. BY THE UNDER SECRETARY
DEPT OF EDUCATION
(PRE UNIVERSITY EDUCATION)
M.S. BUILDING, BENGALURU-560001.
2. THE STATE OF KARNATAKA
REP. BY ADDITIONAL CHIEF SECRETARY
HIGHER EDUCATION DEPT
GOVERNMENT OF KARNATAKA
ACS ESTABLISHMENT, 2ND GATE
6TH FLOOR, M.S. BUILDING, BANGALORE-560001.
... APPELLANTS
(BY MR. DHYAN CHINNAPPA, AAG A/W
MRS. SWETHA KRISHNAPPA, AGA)
AND:
1. ANEESH SANGAMESHWAR AINAPUR
S/O SANGAMESWARA AINAPURA, AGE 18 YEARS
R/AT SLNC LAKSHMI KUTTEERA, 19TH CROSS
KASHMMIATH ROAD, MALLESHWARAM BANGALORE.
2. KARNATAKA EXAMINATION AUTHORITY
REP. BY THE SECRETARY
8TH CROSS ROAD, SAMPIGE ROAD
MALLESHWARAM, BENGALURU-560012.
... RESPONDENTS
(BY MS. M.L. SUVARNA, ADV.,
MR. N.K. RAMESH, ADV., FOR R2)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE
ORDER DATED 03/09/2022 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON BLE COURT IN WP NO.15545/2022, C/W WP NO.15585/22,
C/W WP NO.15586/22, C/W WP NO.15782/22, C/W WP NO.15788/22
C/W WP NO.16019/22 AND CONSEQUENTLY DISMISS THE WRIT
PETITIONS.
THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
20
JUDGMENT
IN W.A.No.900/2022
Sri N.K. Ramesh, learned Counsel for the appellant, Sri D.R.Ravishankar, learned Senior Counsel for respondent nos.1 to 3 & 22 to 27, Sri Sharabiah Shivanna, learned Counsel for respondent nos.14 to 21, Sri Rajendra A.Kulkarni, learned Counsel for respondent nos.28 to 45, Sri Dhyan Chinnapa, learned Additional Advocate General a/w Smt. Swetha Krishnappa, learned AGA for respondent nos. for respondent nos.46 to 48.
In W.A. NO.889/2022
Sri. Dhyan Chinnappa, learned Additional Advocate General a/w Smt. Swetha Krishnapp, learned AGA for the appellants, Sri. D.R. Ravishankar, learned Senior Counsel for Sri. Shivakumar, learned counsel for respondent nos.1 to 13 and 23 to 28, Sri. 21 N.K. Ramesh, learned counsel for respondent no.4, Sri. Sharabiah Shivanna, learned counsel for respondent nos.15 to 22, Sri. Rajendra B. Kulkarni, learned Counsel for respondent nos. 29 to 46.
After hearing learned counsel, Office Objections are ignored.
These intra-court appeals are filed against the order dated 3 September 2021 passed by learned single judge in WP number 155545 of 22 and other connected write petitions paragraph we have heard the learn it counsel for the parties at length. During the pendency of this appeal, the state of Karnataka vide order No.ED 278 TEC 2022 has constituted an expert committee on 20.09.2022 to examine the possibility of drawing a methodology in calculating the qualifying examination marks of II PUC batch 2021 for the UGCET academic year 2022-2023. The aforesaid committee constituted of following members: 22
1. Dr.B.Thimme Gowda, Vice Chairman, Karnataka State Higher Education Council, Bangalore.
2. Prof. S.A.Kori, Vice Chancellor, Central University of Andhra Pradesh, Ananthapura, Andhra Pradesh.
3. Shri N.Ravichandran, Director - Technical Education Bangalore.
4. Prof.M.R.N.Murthy, Retired Dean, Indian Institute of Science Bangalore, Bangalore.
5. Prof. N.Yathindra, Professor Emeritus, Institute of Bio Informatics and Applied Biotechnology, Bangalore.
2. The committee was also aided by Dr.Ayachith N., Professor Emeritus, VTU, Prof. Suresh Chandra K, Retired Professor of Statistics, University of Madras and Dr.Jagadeesh R., Assistant Professor of Mathematics, Government of First Grade College, Ramanagar.
23
3. The Committee after thorough examination of the issue for assigning CET Rankings, has proposed two methods. The committee has examined the methods of calculating the qualifying examination marks of II PUC batch and has recommended the second method. The relevant extract reads as under:
After normalisation, using the basis of 50% of CET marks, for determining the ranks for the covid batch students may improve their ranking and this may affect the ranking of post covid batch of students to some extent. Therefore, to safeguard the interest of post covid batch students also, seats in IT related branches in colleges as per previous years preferred selection of seats may be increased by 10%.
4. During the course of hearing, a consensus has been evolved amongst the learned counsel for the parties in respect of second method for evaluation of the marks of II PUC batch 2021 for the UGCET 24 academic year 2022-2023 be made the basis for assigning CET rankings to the students. It is therefore directed that aforesaid second method shall be made the basis for assigning CET rankings and the State Government shall issue a notification accordingly. It is clarified that the qualifying marks secured in the examination of II PUC batch 2021 for the UGCET academic year 2022-2023 shall be calculated only for the limited purpose of assigning the CET ranking and shall have no further effect.
Accordingly, these appeals are disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE SS