Karnataka High Court
Maharukh Khandy vs The State Of Karnataka on 29 September, 2016
Bench: Jayant Patel, Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER 2016
PRESENT
THE HON'BLE MR.JUSTICE JAYANT PATEL
AND
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
WRIT PETITION NO.51741/2016 (EDN-MED-ADM)
C/W
WRIT PETITION NO.51742/2016(EDN-MED-ADM)
W.P.NO.51741/2016:
BETWEEN:
MAHARUKH KHANDY
AGED 18 YEARS
D/O FAROOQ AHMED KHANDAY
NEAR GREEN VALLEY COLLEGE LETPORA,
AWINTIPURA, PULWAMA
SRINAGAR-192 122
JAMMU & KASHMIR STATE .. PETITIONER
(BY SRI.AJOY KUMAR PATIL, ADVOCATE)
AND:
1.THE STATE OF KARNATAKA
2
REPRESENTED BY ITS PRINCIPAL SECRETARY,
HEALTH & FAMILY WELFARE
SERVICES (MEDICAL EDUCATION),
VIKASA SOUDHA,
DR. BR AMBEDKAR VEEDHI,
BENGALURU 560 001.
2.THE DIRECTOR OF MEDICAL EDUCATION
ANAND RAO CIRCLE,
BENGALURU-560 009.
3.MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR 8, DWARAKA,
NEW DELHI-110 077
REPRESENTED BY ITS SECRETARY
4.KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18TH CROSS,
MALLESHWARAM,
BENGALURU-560 012.
REPRESENTED BY ITS ADMINISTRATIVE OFFICER
5.RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH "T" BLOCK, JAYANAGAR,
BENGALURU- 560 041
REPRESENTED BY ITS REGISTRAR
6.KARNATAKA RELIGIOUS & LINGUISTIC MINORITY
PROFESSIONAL COLLEGES ASSOCIATION
FLAT NO.143, 4TH FLOOR,
"SURYAMUKHI", GARDEN APARTMENTS,
#21, VITTAL MALLYA ROAD,
BENGALURU-560 001
REPRESENTED BY ITS SECRETARY ..RESPONDENTS
3
(BY SRI.A.K.VASANTH, AGA FOR R-1 & R-2,
SRI.N.KHETTY, ADVOCATE FOR R-3, SRI.A.V.NISHANTH,
ADVOCATE FOR R-6)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-6
TO ALLOT MBBS SEAT TO THE PETITIONER BASED ON
HER RANKING IN NEET-2016 IN GENERAL MERIT
CATEGORY IN ANY OF THE MEMBER INSTITUTIONS OF
KRLMPCA ETC.
W.P.NO.51742/2016:
BETWEEN:
VIBHA N.SHETTY
AGED 18 YEARS,
D/O NAVIN SHETTY
1-5-S-379/4, BALAJI ENCLAVE,
TANTHRI LANE, ASHOKNAGAR POST,
MANGALURU-575 006. ..PETITIONER
(BY SRI. AJOY KUMAR PATIL, ADVOCATE)
AND:
1.THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
HEALTH & FAMILY WELFARE
SERVICES (MEDICAL EDUCATION),
VIKASA SOUDHA,
DR. B.R.AMBEDKAR VEEDHI,
BENGALURU 560 001.
4
2.THE DIRECTOR OF MEDICAL EDUCATION
ANAND RAO CIRCLE,
BENGALURU-560 009.
3.MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR 8, DWARAKA,
NEW DELHI-110 077
REPRESENTED BY ITS SECRETARY
4.KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18TH CROSS,
MALLESHWARAM,
BENGALURU-560 012.
REPRESENTED BY ITS ADMINISTRATIVE OFFICER
5.RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH "T" BLOCK, JAYANAGAR,
BENGALURU-560 041
REPRESENTED BY ITS REGISTRAR
6.KARNATAKA RELIGIOUS & LINGUISTIC MINORITY
PROFESSIONAL COLLEGES ASSOCIATION
FLAT NO.143, 4TH FLOOR,
"SURYAMUKHI", GARDEN APARTMENTS,
#21, VITTAL MALLYA ROAD,
BENGALURU-560 001
REPRESENTED BY ITS SECRETARY ..RESPONDENTS
(BY SRI.A.K.VASANTH, AGA FOR R-1 & R-2,
SRI.N.KHETTY, ADVOCATE FOR R-3, SRI.A.V.NISHANTH,
ADVOCATE FOR R-6)
5
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-6
TO ALLOT MBBS SEAT TO THE PETITIONER BASED ON
HER RANKING IN NEET-2016 GENERAL MERIT
CATEGORY IN ANY OF THE MEMBER INSTITUTIONS OF
KRLMPCA ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, JAYANT PATEL J., PASSED THE
FOLLOWING:
ORDER
The principal prayer on the part of the petitioners in the present petitions is that though eligible, the petitioners have not been granted admission by 6th respondent in MBBS course.
2. Mr.Nishanth, learned counsel has tendered the memo on behalf of respondent No.6 and it has been stated that one medical seat in one of the associated colleges of respondent No.6 to the respective petitioners 6 shall be granted subject to the fulfillment of eligibility criteria.
3. Mr.Nishanth, learned counsel states that since 30.09.2016 is the bank holiday, if fee is paid in cash, the same shall also be accepted.
4. In view of the above, Mr.Ajoy Kumar Patil, learned Counsel appearing for the petitioners does not press the respective petitions.
Writ Petitions are disposed of accordingly.
Sd/-
JUDGE Sd/-
JUDGE SBN