Karnataka High Court
Kum. Lonchitha R. H. vs The State Of Karnataka on 27 April, 2021
Bench: Aravind Kumar, Pradeep Singh Yerur
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF APRIL, 2021
PRESENT
THE HON'BLE Mr. JUSTICE ARAVIND KUMAR
AND
THE HON'BLE Mr. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION No.6203 OF 2021 (EDN-AD)
BETWEEN:
KUM.LONCHITHA R.H.
D/O.HARSHA
AGED ABOUT 18 YEARS
R/AT NO.19, 2ND MAIN
5TH CROSS, NIVEDITANAGAR
MYSURU-560 022 ... PETITIONER
(BY SRI NANJUNDA SWAMY N., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF AGRICULTURE &
COOPERATION, M.S.BUILDING
AMBEDKAR VEEDHI
BENGALURU-560 001
REP. BY ITS CHIEF SECRETARY
2. THE KARNATAKA VETERINARY
ANIMAL AND FISHERIES SCIENCE
UNIVERSITY, P.B.NO.6
NANDINAGAR
BIDAR-585 401
REP. BY ITS VICE-CHANCELLOR
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3. THE DAIRY SCIENCE COLLEGE
KVAFSU CAMPUS
HEBBAL
BENGALURU-560 024
4. SRI ASHOK KUMAR G.R. amended vide Court
S/O.SRI RAMAKRISHNAPPA G.V. Order dated 27.04.2021
SAJJALAVARAPALLI VILLAGE
PULAGAL POST, BAGEPALLI
BAGEPALLI TALUK
CHIKKABALLAPUR DISTRICT-563 124
AND ALSO AT:
STUDENT, 1ST YEAR B.TECH (D.TECH)
THE DAIRY SCIENCE COLLEGE
KVAFSU CAMPUS, HEBBAL
BENGALURU-560 024 .... RESPONDENTS
(BY SRI SRINIVAS A.R., AGA FOR R1;
SRI K.N.PHANEENDRA, SENIOR COUNSEL ALONG WITH
SMT.VAISHALI HEGDE, ADVOCATE FOR R2 AND R3;
SRI N.K.SATHISH FOR
SRI M.P.SRIKANTH, ADVOCATES FOR R4)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT
RESPONDENTS TO ADMIT THE PETITIONER TO THE COURSE OF
B.TECH (D.TECH) IN DAIRY SCIENCE COLLEGE, BENGALURU
I.E. 3RD RESPONDENT BY CANCELLING THE ALLOTTMENT OF
SEAT MADE TO A CANDIDATE WHO DOWN BELOW THE RANK
OF PETITIONER ON 23.03.2021 BY THE SECOND RESPNDENT.
THIS PETITION COMING ON FOR FURTHER ORDERS THIS
DAY, ARAVIND KUMAR J., MADE THE FOLLOWING:
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ORDER
Petitioner is seeking for a writ of mandamus/ direction/order to direct the respondents to admit her to B.Tech (D.Tech) in Dairy Science College, Bengaluru i.e. third respondent by canceling the allotment of seat made to a candidate down below her ranking.
2. Though matter is listed for preliminary hearing, by consent of learned Advocates appearing for parties, it is taken up for final disposal.
3. We have heard Sri Nanjunda Swamy N., learned counsel appearing for petitioner, Sri Srinivas A.R., learned Additional Government Advocate appearing for respondent No.1, Sri K.N.Phaneendra, learned Senior Counsel appearing on behalf of Smt.Vaishali Hegde for respondent Nos.2 and 3 and Sri N.K.Sathish, learned counsel appearing on behalf of Sri M.P.Srikanth for respondent No.4. Perused the records.
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4. Petitioner after having completed her II PUC examination conducted in March, 2020 had appeared for Karnataka Common Entrance Test (KCET) and had secured ranking of 62,911 under Agricultural B.Sc. option vide Annexure-B. She was not eligible for seat selection under normal merit list. On a final Mop-up round-cum-admission for the left over seats at constituent Colleges, second respondent-University issued another notification dated 05.03.2021 and having not got selected, she intended to participate in counseling scheduled to be held on 23.03.2021 for left over UG seats for which notification dated 17.03.2021 came to be issued wherein offline Mop- Up round counseling-cum-admission was resolved to be held on 23.03.2021 (2.00 p.m. onwards) at Bidar vide Annexure-D.
5. On account of petitioner suffering from fever since 20.03.2021 and having taken treatment from Dr.Sneha, Sunrise Clinic, Kantharaja Urs Road, Mysuru at which place petitioner is residing and being unable to be 5 physically and personally present on account of tiredness, suffering from fever and being unable to travel to Bidar which is 800 k.m. away from Mysuru, she did not physically attend the counseling held on 23.03.2021. Petitioner had also been advised by the Doctor not to travel. Hence, she was perforced to request her mother Smt.Suma H.G. to attend physical counseling and to complete the admission formalities, which was to be held on 23.03.2021. By communication dated 22.03.2021 (Annexure-F) addressed to the second respondent- University, she made a request to allow her mother to participate in the counseling on her behalf and to complete the formalities of admission, in the event of seat being allotted to her. Demand Draft dated 03.03.2021 (Annexure-G) and Railway tickets of her mother to travel from Mysuru to Bidar is also produced at Annexure-H, J and K, which would clearly indicate that mother of the petitioner, on instructions from petitioner had traveled from Mysuru to Bengaluru and thereafter to Bidar to attend 6 offline final Mop-Up round counseling-cum-admission held on 23.03.2021 at Bidar.
6. The counseling having commenced on 23.03.2021 and one seat in Dairy Science College (B.tech and D.tech) was vacant in the category of GM-HK (General Merit- Hyderabad-Karnataka) and there being no candidate from said region, said seat is said to have been allotted under General Merit category to the petitioner by virtue of her ranking. However, when the name of the petitioner was called out for admission, mother of petitioner is said to have tendered a letter of petitioner along with medical prescriptions issued by the Doctor and also the Demand Draft and all the original documents to the concerned official for completion of admission and explained orally that her daughter was sick and not able to travel as advised by the Doctor. In fact, this has been disputed by Sri K.N.Phaneendra, learned Senior Counsel appearing for respondent Nos.2 and 3. However, we are unable to accept the said contention for reasons more than one. Firstly, the 7 medical prescriptions produced along with writ petition which is at Annexure-E would clearly indicate that on account of petitioner suffering from fever, she had been advised complete bed rest and in fact, she had been advised to undergo Covid test also and as such, she was unable to be present personally on date of counseling, it is in this background, petitioner had requested her mother to attend the offline Mop-Up round counseling-cum-admission scheduled to be held on 23.03.2021; secondly, the candidate who was expecting to get admission would not have taken the risk of sending anyone else to attend the offline counseling on her behalf; thirdly, the Railway tickets produced at Annexures-H, J and K would also clearly indicate that mother of the petitioner with fond hope of getting admission of her daughter to the College has traveled all the way from Mysuru to Bidar i.e. about 800 k.m. and we see no reason as to why this documents are to be disbelieved.
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7. Be that as it may. The fourth respondent herein who has been impleaded during pendency of this petition by order of even date and who has been allotted seat at third respondent's College has already got admitted and he has secured rank of 1,16,839 i.e. much-much below the rank of petitioner. It was reported that a General Merit seat at Dairy Science College, Mahagoa Cross, Kalaburagi was vacant which has since not been allotted to anybody. Hence, by our order dated 23.04.2021, we had directed Sri K.N.Phaneendra, learned Senior Counsel appearing on behalf of respondent Nos.2 and 3 to ascertain as to whether said vacant seat at Kalaburagi could itself be treated as a seat available in the third respondent, Bengaluru College to enable the petitioner to get admitted at Bengaluru without disturbing allotment or admission of fourth respondent. He has fairly submitted that such exercise can be undertaken and there could be additional or excess seat added to third respondent-College as the second respondent-University itself can fix the upper limit of seats. His submission made on instructions is placed on 9 record. In the peculiar facts and circumstances of the case and based on the instructions of the official from second respondent, we deem it proper that petitioner should be directed to be admitted in third respondent-College by respondent Nos.2 and 3 without disturbing the allotment and admission of fourth respondent which has already been made to third respondent-College. In the peculiar circumstances of the case and the fact that entire State is gripping under the pandemic Covid-19 situation and medical records produced by the petitioner disclosing that she was suffering from fever and as such, she was unable to attend the offline final Mop-Up round counseling-cum- admission held on 23.03.2021 and also the fact that Doctor had advised her to undergo Covid test on 20.03.2021, the direction that is being issued in this writ petition shall not be treated or considered as precedent and in the peculiar facts obtained the following direction is being issued.
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8. For the reasons aforestated, we proceed to pass the following:
ORDER
i) Writ petition is allowed-in-part;
ii) A writ of mandamus is issued to
respondent Nos.2 and 3 to admit
petitioner to third respondent-College
without disturbing admission of fourth respondent already made and subject to fulfillment of all other conditions stipulated for admission namely, production of original documents, Demand Draft etc. by the petitioner;
iii) Said exercise shall be completed expeditiously at any rate within three (03) days from today;
iv) On account of State Government having
issued restrictions for movement of
people, a copy of this order shall be
tendered to any authorities either Civil or 11 Police, if the petitioner were to be prevented from traveling to get admitted and said authorities shall not restrict the movement of petitioner for getting admitted;
v) No order as to costs.
Sd/-
JUDGE Sd/-
JUDGE B LAVANYA Digitally LB signed by B LAVANYA Date:
2021.04.27 14:55:47 +0530