Karnataka High Court
Shri Vijeth Kishan vs The State Of Karnataka on 7 September, 2012
Bench: Chief Justice, B.V.Nagarathna
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated this the 07th day of September, 2012
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WP No.28447/2012 & WP No.29235/2012 (EDN-AD)
BETWEEN:
SHRI VIJETH KISHAN
AGED ABOUT 18 YEARS
S/O A AYYAKKANNU
RESIDING AT HOUSE NO.2-140-13,
VARSHA, REGENT PARK LAYOUT
HOSABETTU, MANGALORE
D.K. DISTRICT-575 019.
... PETITIONER
(BY SRI M NARAYANA BHAT, ADV. FOR
M/S SUBBARAO & CO., ADVS.,)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF SOCIAL WELFARE
M S BUILDING
BANGALORE - 560 001.
2. THE KARNATAKA EXAMINATION AUTHORITY
REPRESENTED BY ITS
EXECUTIVE DIRECTOR,
SAMPIGE ROAD, 18TH CROSS,
MALLESHWARAM
BANGALORE - 560 012.
3. THE DEPUTY COMMISSIONER
D.K. DISTRICT
MANGALORE 575 001.
2
4. THE TAHSILDAR
MANGALORE TALUK
DK DISTRICT - 575 001.
5. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF SOCIAL JUSTICE
AND EMPLOYMENT,
ROOM NO.609 A-WING,
SHASTRY BHAVAN,
DR. RAJENDRA PRASAD MARG,
NEW DELHI - 110 001.
6. ESIC MEDICAL COLLEGE
AND PG INSTITUTE OF MEDICAL
EDUCATION & RESEARCH
REPRESENTED BY ITS DIRECTOR,
RAJAJINAGAR,
BANGALORE 10
... RESPONDENTS
(BY SRI C. JAGADISH, ADV. FOR R1,3 & 4,
SRI S. SRINIVASA, CGC FOR R5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ENDORSEMENT DTED 04.08.2012 ISSUED BY R.4
TAHSILDAR VIDE ANNEXURE-L AS THE SAME IS ILLEGAL AND
VIOLATIVE OF ARTICLES 14, 15, 19 AND 21 FO THE
CONSTITUTION OF INDIA AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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ORDER
VIKRAMAJIT SEN, C.J. (Oral) :
On the initial hearing of WP No.28447/2012 & WP No.29235/2012, we were prima facie satisfied that respondent nos.1,3 and 4 are liable for proceedings under the Contempt of Courts Act, inasmuch as the endorsement dated 04.08.2012 was contrary to the Division Bench Judgment dated 19.06.2012 in WP No.24690/2011. It was in those circumstances that the matter was adjourned, so as to enable the learned counsel for respondent nos.1,3 and 4 to obtain instructions and remedy the situation.
2. Sri.C.Jagadish, learned counsel appearing for respondent nos.1,3 and 4 states that a decision has been taken to withdraw the endorsement dated 04.08.2012. It has also been decided to assail the judgment dated 19.06.2012.
3. With the withdrawal of the endorsement, there is no subsisting reason for respondent no.2 or 6 to decline to implement the selection of seat made by the petitioner in the course of counseling, but to admit him to respondent no.6- college. Accordingly, the Writ Petitions are allowed by directing respondent nos.2 and 6 to act upon the selection of seat made by the petitioner and to adhere to the allotment already 4 made on 23.07.2012. The effect is that and we hasten to clarify, that admission of the petitioner to this institution shall stand confirmed without the necessity of respondent no.2 issuing the admission order to respondent no.6.
4. Learned counsel for respondent no.2 on instructions states that the admission order shall be issued on or before 10.09.2012.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE mv