Karnataka High Court
Kum Ankitha K vs The State Of Karnataka on 8 November, 2021
Author: Alok Aradhe
Bench: Alok Aradhe
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MR.JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO.57941/2017 (EDN-MED-ADM)
C/W
WRIT PETITION NOS.57943/2017 AND
57946/2017(EDN-MED-ADM)
IN WP NO.57941/2017:
BETWEEN:
KUM. ADITI. R. PRASAD
AGED ABOUT 17 YEARS,
MINOR REP. BY HER
NATURAL GUARDIAN-FATHER,
DR. RUDRAPRASAD. V.C.
D/O. DR. RUDRAPRASAD. V.C.
C/O. J.J.M. MEDICAL COLLEGE,
RESIDENT OF RATHNAMMA HOSTEL,
FOR WOMEN, KEB CIRCLE,
PJ EXTENSION, DAVANAGERE - 577 002.
... PETITIONER
(BY SRI: RAMESH K.S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY THE CHIEF SECRETARY,
2
VIDHANASOUDHA,
AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF MEDICAL EDUCATION,
VIDHANA SOUDHA,
AMBEDKAR-VEEDHI,
BANGALORE - 560 001.
3. KARNATAKA EXAMINATIONS AUTHORITY
REP. BY THE EXECUTIVE DIRECTOR,
18TH CROSS, MALLESHWARAM,
BENGALURU - 560 003.
4. KUM. NANDITHA. C.
AGED ABOUT 18 YEARS,
D/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 85364)
5. MR. AKSHAY. K. V.
AGED ABOUT 18 YEARS,
S/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL, EAST POINT
COLLEGE OF MEDICAL SCIENCES
AND RESEARCH CENTER,
BANGALORE - 560 001.
(NEET ALL INDIA RANKING - 85509)
6. KUM. VARSHA. V.
AGED ABOUT 18 YEARS,
D/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
EAST POINT COLLEGE OF MEDICAL
3
SCIENCES AND RESEARCH CENTER,
BANGALORE - 560 001
(NEET ALL INDIA RANKING - 85612)
7. KUM. SNEHA. N.S.
AGED ABOUT 18 YEARS,
D/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
EAST POINT COLLEGE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
BANGALORE - 560 001
(NEET ALL INDIA RANKING - 86231)
8. MR. N. S. GAURAV SATHVIC
AGED ABOUT 18 YEARS,
S/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 86312)
9. MR. MAHANTESH DESAI
AGED ABOUT 18 YEARS,
S/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 86429)
10. MR. M. P. ADARSHA
AGED ABOUT 18 YEARS,
S/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
KANACHUR INSTITUTE OF MEDICAL
4
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 86644)
11. MR. GAGAN KUMAR. H. A.
AGED ABOUT 18 YEARS,
S/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
EAST POINT COLLEGE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
BANGALORE - 560 001
(NEET ALL INDIA RANKING - 86690)
12. MR. RUTHWIK .B.
AGED ABOUT 18 YEARS,
S/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
AKASH INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
BANGALORE - 560 001
(NEET ALL INDIA RANKING - 86897)
13. KUM. MEGHANA M
AGED ABOUT 18 YEARS,
D/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
EAST POINT COLLEGE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
BANGALORE - 560 001
(NEET ALL INDIA RANKIKNG - 87128)
14. KUM. MANISHREE SHETTY
AGED ABOUT 18 YEARS,
D/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 87824)
5
15. MR. SHIVANANDAN B.J.
AGED ABOUT 18 YEARS,
S/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 87824)
16. KUM. NISCHITHA BHAT
AGED ABOUT 18 YEARS,
D/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 88043)
17. KUM. BINDU SV.
AGED ABOUT 18 YEARS,
D/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
SRINIVASA INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 88499)
18. KUM. KASINA BILWIKA
AGED ABOUT 18 YEARS,
D/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 88575)
19. KUM. SHRIDEVI NANDEESH HIREMATH
AGED ABOUT 18 YEARS,
D/O. NANDEESHHIREMATH,
6
C/O. THE PRINCIPAL,
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 88702)
20. MR. VISHAL RATHWAL
AGED ABOUT 18 YEARS,
D/O. NOT KNOWN TO THE PETITIONER,
C/O. THE PRINCIPAL,
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 89344)
... RESPONDENTS
(BY SRI. LAXMINARAYANA, AGA FOR R1, R2
SRI. N.K. RAMESH, FOR R3.
U/O DTD. 27.06.2019
NOTICE TO R4 TO R20 DISPENSED WITH)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT AGAINST THE R-
3 IN TERMS OF THE FOLLOWING QUASH ANNX-A DTD
22.08.2017 ISSUED BY THE R-3 VIRTUALLY PROHIBITING THE
PETITIONER FROM APPEARING IN THE MOP UP ROUNDS
CONDUCTED BY THE R-3 BETWEEN 26.08.2017 AND
28.08.2017 AND IN THE EXTENDED MOP UP ROUND HELD BY
THE R-3 ON 31.08.2017 AND ONLINE OPTION ENTRY FOR
ADMISSION TO KANACHUR INSTITUTE OF MEDICAL SCIENCE
AND RESEARCH CENTER, MANGALORE WHICH IS HELD BY THE
R-3 BETWEEN 1.9.2017 AND 3.9.2017 WHICH IS CONTRARY
AND IN CONTRAVENTION IN ANNX-F DTD 21.08.2017 ISSUED
BY THE VERY R-3 RELATING TO THE ADMISSION OF STUDENTS
TO THE M.B.B.S. COURSE AND ISSUE THE NECESSARY
DIRECTION TO THE R-3 TO ISSUE THE ADMISSION ORDER,
ADMITTING THE PETITIONER TO ANY PRIVATE MEDICAL
COLLEGE OF THE STATE IN GOVERNMENT QUOTA UNDER
THE GM CATEGORY BY CANCELLING THE ALLOTMENT BY
CANCELLING THE ALLOTMENT OF MEDICAL SEAT MADE BY THE
R-3 TO ANY ONE OF THE R-4 TO 20 FOR THE ACAMDEMIC YEAR
7
2017-18 SINCE THEIR SINCE THEIR NEET ALL INDIA RANKING
IS MUCH LOWER THAN THAT OF THE PETITIONER.
IN WP NO.57943/2017:
BETWEEN:
KUM. ANKITHA. K.
AGED ABOUT 19 YEARS
D/O SRI. N. KUMAR,
C/O SRI. ARAVINDA
"CAUVERY NILAYA,
3RD CROSS, 3RD MAIN,
HOYSALA NAGARA,
P.C. PALYA MAIN ROAD,
RAMAMURTHY NAGARA,
BENGALURU - 560 078 ....PETITIONER
(BY SRI: RAMESH K.S. ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY THE CHIEF SECRETARY
VIDHANASOUDHA,
AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. THE PRINCIPAL SECRETARY
DEPARTMET OF MEDICAL EDUCATION
VIDHANA SOUDHA,
AMBEDKAR VEEDHI
BANGALORE - 560 001.
3. KARNATAKA EXAMINATION AUTHORITY
REP. BY THE EXECUTIVE DIRECTOR
18TH CROSS, MALLESWARAM
BENGALURU - 560 003.
4. MR. NEERAJ SRIVATHSA
AGED ABOUT 19 YEARS
8
S/O NOT KNOWN TO THE PETITIONER
THE PRINCIPAL
C/O THE ADICHUNCHANAGIRI
INSTITUTE OF MEDICAL SCIENCES
& RESEARCH CENTER
NEAR BELLUR CROOS,
SSSMANDYA DISTRICT - 572 201
(NEET ALL INDIA RANKING-82402)
5. KUM.BHAKTI U.PATIL
AGED ABOUT 19 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KOPPAL INSTITUTE OF MEDICAL
SCIENCES, KOPPAL DISTRICT - 582 011
(NEET ALL INDIA RANKING - 83243)
6. KUM. LIKITH. K.
AGED ABOUT 19 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KOPPAL INSTITUTE OF MEDICAL
SCIENCES, KOPPAL DISTRICT - 582 011
(NEET ALL INDIA RANKING - 83398)
7. MR. SUNIL. M.
AGED ABOUT 19 YEARS
S/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
SHRIDEVI INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH HOSPITAL
TUMKUR - 572 201
(NEET ALL INDIA RANKING - 83599)
8. MR. MAHESH. M.
AGED ABOUT 19 YEARS
S/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
SHRIDEVI INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH HOSPITAL
9
TUMKUR - 572 201
(NEET ALL INDIA RANKING - 83674)
9. KUM. SONIKA. M.C.
AGED ABOUT 19 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 83950)
10. KUM. GREASHMA. H.
AGED ABOUT 19 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 84241)
11. KUM. PURVI. P. SUBEDARPAGE
AGED ABOUT 19 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 84296)
12. KUM. AKSHATHA. M.
AGED ABOUT 19 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 84466)
13. KUM. NANDITHA. C.
10
AGED ABOUT 18 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 85364)
14. AKASHAY K.V.
AGED ABOUT 18 YEARS
S/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
EAST POINT COLLEGE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
BANGALORE - 560 001
(NEET ALL INDIA RANKING - 85509)
15. KUM. VARSHA. V.
AGED ABOUT 18 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
EAST POINT COLLEGE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
BANGALORE - 560 001
(NEET ALL INDIA RANKING - 85612)
16. KUM. SNEHA .N.S
AGED ABOUT 18 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL,
EAST POINT COLLEGE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
BANGALORE - 560 001
(NEET ALL INDIA RANKING - 86231)
17. MR. N.S. GAURAV SATHVIC
AGED ABOUT 18 YEARS
S/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL,
KANACHUR INSTITUTE OF MEDICAL
11
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 86312)
18. MR. MAHANTESH DESAI
AGED ABOUT 18 YEARS
S/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 86429)
19. MR. M.P. ADHARSHA
AGED ABOUT 18 YEARS
S/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 86644)
20. MR. GAGAN KUMAR H A
AGED ABOUT 18 YEARS
S/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL,
EAST POINT COLLEGE OF MEDICAL
SCIENCES AND RESEARCH CENTER
BANGALORE - 560 001
(NEET ALL INDIA RANKING - 86690)
21. MR. RUTHWIK. B.
AGED ABOUT 18 YEARS
S/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
AKASH INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER
BANGALORE - 560 001
(NEET ALL INDIA RANKING - 86897)
12
22. KUM. MEGHANA M
AGED ABOUT 18 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
EAST POINT COLLEGE OF MEDICAL
SCIENCES AND RESEARCH CENTER
BANGALORE - 560 001
(NEET ALL INDIA RANKING - 87128)
23. KUM. MANISHA SHETTY
AGED ABOUT 18 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 87824)
24. MR. SHIVANANDA B.J.
AGED ABOUT 18 YEARS
S/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 87043)
25. KUM. NISCHITHA BHAT
AGED ABOUT 18 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 87121)
26. KUM. BINDU S.V.
AGED ABOUT 18 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
13
SRINIVASA INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 88499)
27. KUM. KASINA BILWIKA
AGED ABOUT 18 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 88575)
28. KUM. SRIDEVI NANDEESH HIREMATH
AGED ABOUT 18 YEARS
D/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 88702)
29. MR. VISHAL RATHWAL
AGED ABOUT 18 YEARS
S/O NOT KNOWN THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 89344)
...RESPONDENTS
(BY SRI: LAXMINARAYANA - AGA FOR R1, R2
SRI. N.K. RAMESH, ADVOCATE FOR R3
V/O DTD. 27.06.2019 NOTICE TO R4 TO 29
DISPENSED WITH)
THIS W.P. IS FILED UNDER ARTCLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT AGAINST
THE 3RD RESPONDENT. QUASH ANNX-A DTD 22.08.2017
14
ISSUED BY THE 3RD RESPONDENT VIRTUALLY PROHIBITING
THE PETITIONER FROM APPEARING IN THE MOP UP ROUNDS
CONDUCTED BY THE 3RD RESPONDENT BETWEEN 26.08.2017
AND 28.08.2017 AND IN THE EXTENDED MOP UP ROUND HELD
BY THE 3RD RESPONDENT ON 31.08.2017 AND THE ONLINE
OPTION ENTRY FOR ADMISSION TO KANCHUR INSTITUTE OF
MEDICAL SCIENCES' AND RESEARCH CENTER, MANGALORE
WHICH WAS HELD BY THE 3RD RESPONDENT BETWEEN
1.9.2017 AND 3.9.2017 WHICH IS CONTRARY AND IN
CONTRAVENTION OF ANNX-G DTD 17.08.2017 ISSUED BY THE
VERY SAME 3RD RESPONDENT RELATING TO THE ADMISSION
OF STUDENTS TO THE FIRST YEAR M.B.B.S COURSE.
IN WP NO.57946/2017:
BETWEEN:
KUM. VARSHITHA. V.
AGED ABOUT 17 YEARS
MINOR REP. BY HER NATURAL GUARDIAN
FATHER SRI. VASANTHA KUMAR. J
C/O AIMS HOSTEL FOR WOMEN
B.G. NAGAR, NAGAMANGALA TALUK,
MANDYA DISTRICT - 5701 448
(NEET ALL INDIA RANKING - 87699)
...PETITIONER
(BY SRI: RAMESH K S ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY THE CHIEF SECRETRY
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BANGALORE - 560 001.
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF MEDICAL EDUCATION
VIDHANASOUDHA
AMBEDKAR VEEDHI
15
BANGALORE - 560 001.
3. KARNATAKA EXAMINATION AUTHORITY
REP. BY THE EXECUTIVE DIRECTOR
18TH CROSS, MALLESHWARAM
BENGALURU - 560 003.
4. KUM. MANISHA SHETTY
AGED ABOUT 19 YEARS
D/O NOT KNOWN TO THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 87824)
5. MR. SHIVANANDAN B.J.
AGED ABOUT 19 YEARS
S/O NOT KNOWN TO THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 87043)
6. KUM. NISCHITHA BHAT
AGED ABOUT 19 YEARS
D/O NOT KNOWN TO THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 88121)
7. KUM. BINDU S.V.
AGED ABOUT 19 YEARS
D/O NOT KNOWN TO THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
16
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 88499)
8. KUM. KASINA BILWIKA
AGED ABOUT 19 YEARS
D/O NOT KNOWN TO THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 88575)
9. KUM. SRIDEVI NANDEESH HIREMATH
AGED ABOUT 19 YEARS
D/O NANDEESH HIREMATH
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 88702)
10. MR. VISHAL LATHWAL
AGED ABOUT 19 YEARS
S/O NOT KNOWN TO THE PETITIONER
C/O THE PRINCIPAL
KANACHUR INSTITUTE OF MEDICAL
SCIENCES AND RESEARCH CENTER,
MANGALORE - 575 101
(NEET ALL INDIA RANKING - 89344)
...RESPONDENTS
(BY SRI: LAXMINARAYANA, AGA FOR R1, R2
SRI. N.K. RAMEH, ADVOCATE FOR R3
V/O DTD 27.06.2019 NOTICE TO R4 TO 10 DISPENSED)
THIS W.P. IS FILED UNDER ARTCLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT AGAINST
THE R-3 FOR QUASHING ANNX-A DTD 22.08.2017 ISSUED BY
THE R-3 VIRTUALLY PROHIBITING THE PETITIONER FROM
APPEARING IN THE MOP UP ROUNDS CONDUCTED BY THE R-3
BETWEEN 26/8/2017 AND 28/8/2017 AND IN THE EXTENDED
17
MOP UP ROUND HELD BY THE R-3 ON 31.08.2017 AND THE
ONLINE OPTION ENTRY FOR ADMISSION TO KANACHUR
INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTER,
MANGALORE WHICH WAS HELD BY THE R-3 BETWEEN 1/9/2017
AND 3/9/2017 WHICH IS CONTRARY AND IN CONTRAVENTION
OF ANNX-F DTD 31.08.2017 ISSUED BY THE VERY SAME R-3
RELATING TO THE ADMISSION OF STUDENTS TO THE M.B.B.S.
COURSE AND ISSUE THE NECESSARY DIRECTION TO THE R-3
TO ISSUE THE ADMISSION ORDER, ADMITTING THE
PETITIONER TO ANY PRIVATE MEDICAL COLLEGE OF THE STATE
IN GOVERNMENT QUOTA UNDER THE GM CATEGORY BY
CANCELLING THE ALLOTMENT OF MEDICAL SEAT MADE BY THE
R-3 TO ANY ONE OF THE R-4 TO 10 FOR THE ACADEMIC YEAR
2017-18 SINCE THEIR NEET ALL INDIA RANKING IS MUCH
LOWER THAN THAT OF THE PETITIONER.
THESE PETITIONS COMING ON FOR FINAL HEARING THIS
DAY, ALOK ARADHE J., MADE THE FOLLOWING:
COMMON ORDER
In these writ petitions, petitioners inter alia seek the writ of certiorari for quashment of communication dated 22.08.2017.
2. When the matter taken up today, the learned counsel for the parties jointly submitted that in view of the order dated 29.08.2017, passed by the Division Bench of this Court in W.P. Nos.39109-39110/2017, the issue involved in the writ petitions has been rendered academic. 18
3. For the reasons assigned by the Division Bench in order dated 29.08.2017 passed in W.P. Nos.39109- 39110/2017 and in the facts and circumstances of the case, the writ petitions stand dismissed as having become infructuous.
Sd/-
JUDGE Sd/-
JUDGE BS