Karnataka High Court
Dr. Preeti Konnur vs Karnataka Professional Colleges ... on 20 November, 2020
Bench: Aravind Kumar, Pradeep Singh Yerur
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2020
PRESENT
THE HON'BLE Mr. JUSTICE ARAVIND KUMAR
AND
THE HON'BLE Mr. JUSTICE PRADEEP SINGH YERUR
REVIEW PETITION No.253 OF 2020
BETWEEN:
1. DR.PREETI KONNUR
D/O.GURULINGAPPA KONNUR
AGED ABOUT 31 YEARS
R/AT H.NO.1-885/17
OLD JEWARGI ROAD
VENKATESH NAGAR
KALABURAGI-585 102
ADMITTED TO M.S.
(OBSTETRICS & GYNAECOLOGY)
TO RESPONDENT NO.38-COLLEGE
2. DR.SANKHE CHARUL RAJESH
S/O.RAJESH SANKHE
AGED ABOUT 25 YEARS
R/AT C-1003, VAASTU SIDDHI
RJ ROAD, OPP: PARSI COLONY
ANDHERI EAST, MUMBAI-400 069
ADMITTED TO M.S.
(OBSTETRICS & GYNAECOLOGY)
TO RESPONDENT NO.39-COLLEGE
3. DR.GURSALE ASSHAY ABHAY
AGED ABOUT 25 YEARS
S/O.ABHAY DINANATH GURSALE
R/AT ABHIJAY BUNGLOW, G FLOOR
PLOT NO.29-1 B, THANA NAKA ROAD
PANVEL, RAIGAD, MAHARASHTRA-410 206
2
ADMITTED TO M.D. (RADIO DIAGNOSIS)
TO RESPONDENT NO.40-COLLEGE ... PETITIONERS
(BY SRI S.M.CHANDRASHEKAR, SENIOR COUNSEL ALONG WITH
SRI VIVEKANANDA V. JALDE, ADVOCATE)
AND:
1. KARNATAKA PROFESSIONAL COLLEGES FOUNDATION
NO.132, 2ND FLOOR, 17TH CROSS,
11TH MAIN MALLESWARAM,
BENGALURU - 560 055
REP. BY ITS SECRETARY
SHRI.R.V. GOVINDA RAO
AGED ABOUT 75 YEARS.
2. M.S. RAMAIAH MEDICAL COLLEGE
MSRIT POST, BANGALORE - 560 054
REPRESENTED BY ITS REGISTRAR (ADMINISTRATION)
DR.T. HEMANT
S/O DR. T. SATYANARAYANA RAO
AGED ABOUT 46 YEARS
RESIDING AT BANGALORE.
3. DR. BHAVANI DEVI S
D/O N. SRINIVAS MURTHY
AGED ABOUT 25 YEARS
RESIDING AT #2452, 10TH MAIN ROAD
2ND STAGE, 'D' BLOCK,
RAJAJINAGAR, BANGALORE - 560 010
ADMITTED TO M.D. (RADIO DIAGNOSIS)
PETITIONER NO.2.
4. DR. SAHAS NITHYANAND
S/O N. NITHYANAND
AGED ABOUT 27 YEARS
RESIDING AT #15, YADU NIVAS
1ST MAIN ROAD, YADAVGIRI
MYSORE- 570 020, ADMITTED TO M.S (ORTHOPAEDICS)
IN PETITIONER NO.2.
5. DR. ASHWIN S. BHAT
S/O SHANKARANARAYANA BHAT
3
AGED ABOUT 27 YEARS
RESIDING AT NO.726,
'ADITHI' 23RD CROSS, K.R. ROAD,
BANASHANKARI 2ND STAGE
BANGALORE - 560 070, ADMITTED TO M.S.
(ORTHOPAEDICS) IN PETITIONER NO.2.
6. DR. SUDA TABITHA
D/O RAVINDRA REDDY
AGED ABOUT 25 YEARS
RESIDING AT 39/628-3, PATEL ROAD
ARVIND NAGAR, CUDDAPAH
ANDHRA PRADESH - 516 001,
ADMITTED TO M.S. (OPHTHALMOLOGY)
IN PETITIONER NO.2.
7. DR. KAVYA V.N
D/O V. NATARAJAN
AGED ABOUT 27 YEARS
RESIDING AT NO.270/B, 3RD 'B' CROSS
3RD STAGE, 2ND BLOCK,
BASAVESHWARNAGAR,
BANGALORE - 560 079,
ADMITTED TO M.S. (GENERAL SURGERY)
IN PETITIONER NO.2.
8. DR. SUJITH B
S/O BALAKRISHNAN
AGED ABOUT 25 YEARS
RESIDING AT NO. 39/39, KAVERI NAGAR
MELACHINDAMANI, TIRUCHIPPALLI
TEPPAKULAM, TAMIL NADU - 620 002
ADMITTED TO M.D. (RESPIRATORY MEDICINE)
IN PETITIONER NO.2.
9. DR. ERAM JAWAID
D/O JAWAID AKHTAR
AGED ABOUT 25 YEARS
RESIDING AT NO.55/B, 4TH CROSS
JUDICIAL LAYOUT, RMV 2ND STAGE
BANGALORE - 560 094, ADMITTED TO M.D.
(PAEDIATRICS) IN PETITIONER NO.2.
4
10. SHRIDEVI INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH HOSPITAL
TUMKUR REPRESENTED BY ITS PRINCIPAL
DR. D.K. MAHABALARAJU PRINCIPAL
S/O KANAPPA
AGED ABOUT 66 YEARS
R/A TUMKUR.
11. DR. NINAD T.S
S/O SHASHIDHARA T.S.
AGED ABOUT 25 YEARS
RESIDING AT 'NINADA NILAYA CB NAGAR'
4TH CROSS, UPPARAHALLI
TUMKUR - 572 102,
ADMITTED TO M.D. (GENERAL MEDICINE)
IN PETITIONER NO.10.
12. DR. MANZOOR C.K
S/O KUNHAHAMED K.
AGED ABOUT 26 YEARS
RESIDING AT SAHAL MANZIL, ATHINHAL
P.O. MANIKOTH, KANHANGAD
KASARAGOD, KERALA - 671 316
ADMITTED TO M.D. (PAEDIATRICS)
IN PETITIONER NO.10.
13. DR. NAVANEETH. S
S/O SHIVAPRAKASH R
AGED AOBUT 30 YEARS
RESIDING AT NO.274, 39TH CROSS
19TH MAIN ROAD, 5TH BLOCK
HBR LAYOUT, BANGALORE - 560 043
ADMITTED TO M.D. (RADIO DIAGNOSIS)
IN PETITIONER NO.10.
14. BVVS SANGH'S
S. NIJALINGAPPA MEDICAL COLLEGE
NAVANAGAR - BAGALKOT - 587 103
REPRESENTED BY ITS PRINCIPAL
SRI. ASHOK A MALLAPUR
AGED ABOUT 61 YEARS
S/O SHIVALINAYYA MALLAPUR
R/A NAVANAGAR - BAGALKOT.
5
15. DR. KARTHIK KATTI
S/O RAVINDRANATH KATTI
SHRI. GURU KRUPA ANAND NAGAR
OPP. BLDE ENGINEERING COLLEGE
ASHRAM ROAD, VIJAYAPUR - 586 103
ADMITTED TO M.D. (RADIO DIAGNOSIS)
IN PETITIONER NO.14.
16. DR. BASAVESH
S/O DR. SHIVALINGAPPA B
AGED : MAJOR
R/A 2-13-206/06 COCA PETRA
BANGALOW, BYPASS ROAD
LINGSURU - 584 122,
DIST - RAICHURU
ADMITTED TO M.S. (GENERAL SURGERY)
IN PETTIONER NO.14.
17. DR. BHAVANI PATIL
D/O SHIVANAD PATIL
AGED : MAJOR
R/A INDI ROAD TALIKOTI CHAWL
APMC 1ST GATE, VIJAYAPUR
ADMITTED TO M.S. (OBG)
IN PETITIONER NO.14.
18. DR. SUNIL PATTANSHETTY
S/O SHARANABASAPPA PATANSHETTY
AGED : MAJOR
R/A AP - MALLA, TQ - SHARAPUR
DIST - YADAGIRI - 585 216
ADMITTED TO M.S. (GENERAL SURGERY)
IN PETITIONER NO.14.
19. DR. MADHU PRABHU KERUDI
D/O PRABHU KERUDI
AGED : MAJOR
C/O ADHYA MALAYA
NEAR HALAKATTI HOSPITAL
EXTENSION AREA
BAGALKOT - 587 102.
6
20. DR. NAMRATA
D/O TULASIDEVI HANCHATE
AGED : MAJOR
VIDYA NAGAR, TALIKOTI (RURAL)
VIJAYAPUR - 586 214
ADMITTED TO M.D. (PAEDIATRICS)
IN PETTIIONER NO.10.
21. JJM MEDICAL COLLEGE
POST BOX NO.301
DAVANGERE - 577 004
REPRESENTED BY ITS PRINCIPAL
DR. S.B. MURUGESH
AGED : MAJOR
R/A DAVANGERE - 577 004.
22. DR. AKSHATHA L
D/O L.V. LOKESH KUMAR
AGED : MAJOR
14 NEW KANTHARAJA URS ROAD
BASAWESHWARA NAGAR
MYSURU - 570 022.
23. DR. NAVYA RAJ
D/O LATE HEMANTH RAJ
AGED : MAJOR
MM #8/77, SHANKARACHARYA
2ND CROSS, VIDYANAGARA
HASSAN - 573 2020
ADMITTED TO M.S. (ORTHOPAEDICS)
IN PETITINER NO.21.
24. DR. ESHWAR S KASTURI
S/O KASTURI
AGED : MAJOR
#4201/67/2, SHRISHAILA NILAYA
14TH CROSS, NEAR CANARA BANK
1ST BLOCK, RAJAJINAGAR
BANGALORE - 560 010
ADMITTED TO M.D. (ANAESTHESIA)
IN PETITIONER NO.21.
7
25. DR. RAJATH V GOWRAV
S/O VISHWANATH H.S
AGED : MAJOR
#983, SRI RANGA,
IIND MAIN, 3RD CROSS,
VIDYARANYAPURAM,
MYSURU - 570 008
ADMITTED TO M.D. (ANAESHESIA)
IN PETITIONER NO.21.
26. DR. NARUBOINA BHAVANA
D/O NARUBOINA MAHAVARAO
AGED : MAJOR
BHAVANA NURSING HOME
2/20G-9, NEW B OYAPALEM
NEAR OLD BUS STAND
RAJAMPET - 516 115
ANDRAPRADESH, ADMITTED TO M.D
(RADIO DIAGNOSIS) IN PETITIONER NO.21.
27. DR. POORNASRI S NAYAK
D/O V.G. SREENIVASAIAH
AGED : MAJOR
#82, SRI. NIKETHANA RAMARAO LAYOUT
KATTARIGUPPE, BSK 3RD STAGE
BENGALURU - 560 085,
ADMITTED TO M.D. (RADIO DIAGNOSIS)
IN PETITIONER NO.21.
28. K.V.G. MEDICAL COLLEGE AND HOSPITAL
KURUNJIBAG - 574327, SULLIA
DAKSHINA KANNADA
REPRESENTED BY ITS PRESIDENT
DR. K.V. CHIDANANDA
S/O K.M. VENKATRAMANA GOWDA
AGED ABOUT 64 YEARS
R/A SULLIA.
29. DR. AZEEM MERCHANT
S/O AMEEN MERCHANT
AGED ABOUT 31 YEARS
R/A 1401-02/6, VASANT LAWNS
POKHARAN ROAD NO.2,
8
NEAR JUPITER HOSPITAL,
MAJIWADA, APNA BAZAR,
MAHARASHTRA - 400 610
ADMITTED TO M.D. (RADIO DIAGNOSIS)
IN PETITIONER NO.28.
30. DR. ASHWIN SAGAR
S/O SHANTARAJ
R/A "JAYAVATHI HOUSE" 2ND MAIN
SANCHAYAGIRI, B.C. ROAD
P/O JODUMARGA, BANTWAL TALUK
DAKSHINA KANNADA - 574 219
ADMITTED TO M.S. (OPHTHALMOLOGY)
IN PETITIONER NO.28.
31. DR. ALEX DEVSIA
S/O K.C. DEVASIA
AGED ABOUT 27 YEARS
KOCHUPARAMBIL, CMC 14 WARD
CHERTHALA, KOKKATHAMANGALAM
ALAPPUZHA, KERALA - 688 539
ADMITTED TO M.D. (RADIO DIAGNOSIS)
IN PETITIONER NO.28.
32. DR. VISHNU VENUGOPAL
S/O V. VENUGOPAL
AGED ABOUT 26 YEARS
R/A BHARANI KALARCODE
SANATHANAPURAM ALAPPUZHA
KERALA - 688 003,
ADMITTED TO M.S. (GENERAL SURGERY)
IN PETITIONER NO.28.
33. DR. B.R. AMBEDKAR MEDICAL COLLEGE
KADUGONDANAHALLI, BENGALURU - 560 045
REPRESENTED BY ITS PRINCIPAL
DR. S.V. DIVAKAR
S/O SRI. VENKATASWAMY
AGED ABOUT 57 YEARS
R/A BANGALORE.
34. DR. ARJUN DAS
S/O BRAMHA DAS
9
AGED ABOUT 27 YEARS
PALLAVI HOUSE, EZHUMATTOR POST,
EZHUMATTOR, PATHANAMTHITTA
KERALA - 689 586, ADMITTED TO M.S. (ORTHOPAEDICS)
IN PETITIONER NO.33.
35. STATE OF KARNATAKA
DEPARTMENT OF HEALTH AND
FAMILY WELFARE, VIKASA SOUDHA
BENGALURU - 560 001,
REPRESENTED BY ITS PRINCIPAL SECRETARY.
36. DIRECTOR OF MEDICAL EDUCATION
ANAND RAO CIRCLE,
BENGALURU - 560 009
37. KARNATAKA EXAMINATION AUTHORITY,
18TH CROSS SAMPIGE ROAD
MALLESHWARAM WEST
BENGALURU - 560 012
REPRESENTED BY ITS
EXECUTIVE DIRECTOR.
38. MAHADEVAPPA RAMPURE MEDICAL COLLEGE
SEDAM ROAD, MAHADEVAPPA MARG
KALABURAGI-585 105
REP. BY ITS PRINCIPAL
DR.UMESHCHANDRA D.G.
39. BGS GLOBAL INSTITUTE OF MEDICAL SCIENCE
NO.67, BGS HEALTH AND EDUCATION CITY
UTTARAHALLI MAIN ROAD, KENGERI
BENGALURU-560 060
REP. BY ITS PRINCIPAL
DR.M.E.MOHAN
40. NAVODAYA MEDICAL COLLEGE
MANTRALAYAM ROAD
NAVODAYA NAGAR
RAICHUR - 584 103
REPRESENTED BY ITS PRINCIPAL
10
41. ASSOCIATION OF MINORITY PROFESSIONAL
COLLEGES IN KARNATAKA
NO.2, CORNWELL ROAD
LANGFORD GARDENS
BENGALURU - 560 025
REP. BY ITS SECRETARY
DR. MOHAN M.J.
42. VYEDEHI INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH INSTITUTE
NO.82, NALLURAHALLI, NEAR BMTC
18th DEPOT, WHITE FIELD
BENGALURU - 560 066
REP. BY ITS DEAN
DR. G. PRABHAKAR.
43. VYEDEHI INSTITUTE OF DENTAL
SCIENCES AND RESEARCH INSTITUTE
NO.82, NALLURAHALLI, NEAR BMTC
18TH DEPOT, WHITE FIELD
BENGALURU - 560 066
REP. BY ITS REPRESENTED BY ITS DEAN
DR. MOHAN THOMAS NAINAN.
44. MVJ MEDICAL COLLEGE
DANDUPALYA, NATIONAL HIGH WAY 4
KOLATHUR P.O, HOSKOTE
KARNATAKA - 562 114
REP. BY ITS PRINCIPAL
DR. B. RAVICHANDER.
45. A.J. INSTITUTE OF MEDICAL SCIENCES
NH 66, KUNTIKAN
MANGALORE, KARNATAKA - 575 004
REP BY ITS DEAN DR. ASHOK HEGDE.
46. MS. NARRA NAGALAKSHMI DEEPTHI
D/O NARRA BALA VENKATA
AGED MAJOR
RESIDING AT NO.435/1
BAPATLA MAIN ROAD, OPP. SBI
PEDAMANIPADU VILLAGE
11
MANDAL GUNTUR - 522 235
ANDHRA PRADESH.
47. PALLAVI AHLAWAT
D/O JITENDRA SINGH AHLAWAT
AGED MAJOR
RESIDING AT C - 1293,
WARD NO.1, ANSAL CITY,
PANIPAT - 132 103, HARYANA.
48. SHREYA KHANDELWAL
D/O MR. RAMESH KHANDELWAL
AGED MAJOR
R/AT SANT LAHARI NAGAR,
RATNA BHADHA ROAD,
DHAMTHARI CHATTISGARH - 493 773.
49. MOHAMMED MEHFOOZ
AGED MAJOR
S/O B.A. MOIDDEN
RESIDING AT 1-182(2), AYESHA GHAR
BEHIND POST MIJAR THODAR
MANGALORE - 574 227.
50. MISS.SAGARIKA KHONWALA
D/O.MR.SUDHIL KHONWALA
AGED ABOUT 25 YEARS
R/AT FLAT NO.503, NILGIRI APARTMENT
VIJAY HERITAGE, 4TH PHASE, KADMA
JAMSHEDPUR, JHARKHAND-831 005
51. VYDEHI INSITUTE OF DENTAL SCIENCE
AND RESEARCH CENTRE, #82
MALLURAHALLI MAIN ROAD
NEAR BMTC 18 DEPOT,
VIJAYNAGAR NALLURAHALLI,
WHITEFIELD, BENGALURU - 560 066
REPRESENTED BY ITS PRINCIPAL.
52. DENTAL COUNCIL OF INDIA
AIWAN-E-GALIB MARG, KOTLA ROAD
TEMPLE LANE, OPP. MATHA SUNDARI
12
COLLEGE FOR WOMEN
NEW DELHI -110 002.
53. ASSOCIATION OF MINORITY
PROFESSIONAL COLLEGES,
#2, CORNWELL ROAD,
LANGFORD GARDENS,
BENGALURU - 560 025
REP. BY ITS CHAIRMAN. .... RESPONDENTS
*****
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 OF CPC, PRAYING TO REVIEW THE JUDGMENT AND ORDER
DATED 28.08.2020 PASSED IN WP.NO.9234/2020 C/W
WP.NO.9239/2020 (EDN-AD) AND WP.NO.9335/2020 (EDN-
MED) AND CONSEQUENTLY, TO REVIEW THE COMPREHENSIVE
MERIT LIST DATED 30.08.2020 PREPARED AS PER ORDER
PASSED IN WP.NO.9234/2020 C/W WP.NO.9239/2020 (EDN-
AD) AND WP.NO.9335/2020 (EDN-MED) AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ARAVIND KUMAR J., MADE THE FOLLOWING:
ORDER
This review petition is filed seeking review of the order dated 28.08.2020 passed in WP.No.9234/2020 C/w WP.No.9239/2020 (EDN-AD) and WP.No.9335/2020 (EDN- MED) whereunder this Court had allowed the writ petition in part by holding that conducting Mop-up round of Counselling afresh namely, providing fresh registration of candidates under the impugned communications is bad in 13 law and the same came to be quashed. This Court had passed the following order:
"(i) W.P.Nos.9234/2020 and 9239/2020 are allowed in part. To the extent of conducting Mop-up round of Counselling afresh namely, by providing fresh registration of candidates under the impugned communications bearing No.DME/PS/120/2020-21 dated 01.08.2020 (Annexure-A and L), communication dated 14.08.2020 bearing No.DME/PSG/60/2020-21 (Annexure-A1 and B), notification dated 15.08.2020 (Annexure-B and A) respectively, are quashed and it is further ordered that:
(a) The respondents shall prepare a comprehensive list of meritorious candidates entitled for stray vacancy allotment from amongst the candidates who have participated in the fresh Mop-up round of counselling on the strength of candidates registered at the first instance only or in other words, excluding the candidates who have registered afresh pursuant to impugned communications / notification. The representatives of first petitioner in these two petitions shall be entitled to participate and assist the respondents in preparation of above said comprehensive list by providing the details sought for by the respondents if any.14
(b) The candidates who have been admitted by the respondent-
Medical and Dental colleges and who have either participated or not in the fresh Mop-up round counselling are also entitled to be included in the comprehensive list for being allotted stray vacancy seats.
(c) It is also made clear that six candidates who had been issued with the admission cards by third respondent in the first Mop-up round and who could not get admitted to the colleges and who have paid the fees shall be included in the aforesaid comprehensive list for being considered and allotted stray vacancy seats.
(d) If there is no dispute with regard to the candidates who have already been admitted by the colleges and who have also participated in the fresh Mop-up round Counselling (excluding newly registered candidates) having been allotted the seats in the same streams sought for by them, to which they have already been admitted, their admissions shall not be disturbed.
(e) The respondents would be at liberty to call for such details from the respective colleges for preparation of the comprehensive 15 list if so required and they shall ensure that merit should be the sole criteria for allotment of stray vacancy seats.
(f) The entire exercise shall be concluded by the respondents within the extended time fixed by the Hon'ble Apex Court i.e., on or before 31.08.2020.
(ii) W.P.No.9335/2020 is allowed and endorsement dated 07.08.2020 (Annexure-A) issued by third respondent is quashed and a writ of mandamus issues to the fourth respondent to admit petitioner for MDS Oral Surgery course allotted by third respondent." Contending that petitioners were neither parties to the said writ petitions nor they had filed any impleading application in said writ petitions, they have been now unseated though in the extended Mop-up round they have been issued with admission cards by respondent Nos.38 to 40 which has been held by this Court as impermissible in law.
2. It is settled that first and foremost requirement of entertaining a review petition is that the order, review of which is sought suffers from error apparent on the face of the record. In the absence of any error, finality attached 16 to the order cannot be disturbed. An error, which is not self evident and has to be detected by the process of reasoning can hardly be said to be an error apparent on the face of the record, justifying the Court to exercise the power of review. Re-agitating the points already decided is impermissible in review proceedings. In BAGIRATHI AMMAL vs PLALANI ROMAN CATHOLIC MISSION - (2009)10 SCC 464, the Apex Court has held that an error contemplated under Rule 1 of Order 47 CPC for permissibility of review must be such which is apparent on the face of the record and not an error which has to be fished out and searched. In other words, it must be an error of inadvertence. It should be something more than a mere error and it must be one, which must be manifest on the face of the record.
3. The consequences which has flown from above said order i.e. order dated 28.08.2020 would be binding not only on the writ petitioners but also on the State and all other candidates. Said order has been passed taking 17 into consideration all the relevant fact as discussed in detail and ingredients prescribed under Rule(1) of Order 47 of CPC being conspicuously absent in the instant petition, we do not see any good ground to review said order and grounds which are urged in the review petition are in disguise an appeal. Hence, rejecting IA.No.2/2020 whereunder the petitioners have sought for permission to file review petition, consequently, we dismiss the review petition.
Sd/-
JUDGE Sd/-
JUDGE LB