Karnataka High Court
Dr.Gazala Shaireen, vs The State Of Karnataka & Ors on 28 February, 2017
Author: Rathnakala
Bench: Rathnakala
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF FEBRUARY, 2017
BEFORE
THE HON'BLE MRS. JUSTICE RATHNAKALA
WRIT PETITION NO.202063/2016 (EDN-RES)
BETWEEN:
DR.GAZALA SHAIREEN
W/O FAHEEM KHAN MOHAMMED
ABDULLAH
AGE: 44 YEARS
R/AT NO.6/43, REHMATH MANZIL
MIJGORI ROAD, GULBARGA
... PETITIONER
(BY SRI CHAITANYA KUMAR CHANDRIKI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
SECRETARY TO THE GOVERNMENT
DEPARTMENT OF HEALTH AND
FAMILY WELFARE
DEPARTMENT OF MEDICAL EDUCATION
M.S.BUILDING, BANGALORE-1
2. THE REGISTRAR
RAJEEV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR
BANGALORE-41
2
3. THE PRINCIPAL
MAHADEVAPPA RAMPURE MEDICAL
COLLEGE
GULBARGA-585103
4. DR.SURAPANENI JANARDHANA RAO
C/O: PRINCIPAL
MAHADEVAPPA RAMPURE MEDICAL
COLLEGE, GULBARGA-585103
5. DR.RAJESHWARI PATIL
C/O: THE PRINCIPAL
MAHADEVAPPA RAMPURE MEDICAL
COLLEGE, GULBARGA-585103
... RESPONDENTS
(BY SMT. ARCHANA.P.TIWARI, AGA FOR R1;
SRI SANDEEP.V.PATIL, ADVOCATE FOR R2;
SRI ASHOK.S.KINAGI, ADVOCATE FOR R3;
SRI ABHISHEK MALIPATIL, ADVOCATE FOR R5;
NOTICE TO R4 IS D/W VIDE ORDER DT.13.02.2017)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT
NO.2 TO CONSIDER THE REPRESENTATION GIVEN BY THE
PETITIONER DATED: 26.05.2016 VIDE ANNEXURE-H AND
ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
3
ORDER
The petitioner was admitted to the College of the third respondent for Masters Degree in the subject of Anatomy under the NRI quota. Though the sponsorship letter was given by her husband to the College, the same was not forwarded to the second respondent - University in time. Under the interim order of this Court dated 02.06.2016, the petitioner completed her course and took the examination held during the month of June, 2016.
2. As per the submission of Sri Ashok S. Kinagi, learned counsel for the third respondent - College, no other candidate sought for admission for MD Course in Anatomy subject. In a more or less identical situation, the Apex Court in the case of Rajan Purohit & Ors. vs. Rajasthan University of Health Science & Ors. reported in 2012 (10) SCC 770 directed the College to surrender equal number of seats for the Medical Course in the coming academic year to the State Government to be filled up on the basis of RPMT or any other common entrance test conducted by the State Government of 4 Rajashthan or its agency for admission to the MBBS Course and also imposed cost to the College to be payable to the University for approval of the admission. The present petition also needs to be considered in the same line.
In the light of the above admitted facts, the petitioner having completed the course and taken final examination, it is in the interest of justice to take the matter to logical end. The petition is disposed off on following terms:
i. The second respondent - University is directed to approve the admission of the petitioner and announce the result of final examination of MD Course in Anatomy subject held during the month of June, 2016 for the academic year 2013-14. ii. Respondent No.3 - College shall surrender one seat for the academic year 2017-18 for MD Course in Anatomy to the State Government out of its NRI quota.5
iii. Respondent No.3 - College is further directed to deposit a sum of Rs.1,00,000/- (rupees one lakh only) with the second respondent - University towards cost within one week from the date of receipt of copy of this order.
iv. It is made clear that this order shall not be treated as precedent for the future.
v. Respondent No.3 - College is henceforth directed strictly to abide by the directions of the Apex Court in the case of Rajan Purohit & Ors. vs. Rajasthan University of Health Science & Ors. reported in 2012 (10) SCC 770 in the matter of admission of the students.
In view of disposal of main petition, I.A.3/2016 also stands disposed off.
Sd/-
JUDGE Srt