Karnataka High Court
Soundarya Muthumari vs Union Of India on 7 July, 2017
1
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JULY 2017
PRESENT R
THE HON'BLE MR. JUSTICE H.G.RAMESH
AND
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
WRIT PETITION NO.23448/2017 (EDN-CET)
C/W
WRIT PETITION NOS.6768-6774/2017, 15477/2017,
17126/2017, 24546/2017, 24648/2017, 24649/2017,
24738/2017, 24739/2017, 24740/2017, 24767/2017,
24983/2017, 25147/2017, 25148/2017, 25587/2017,
25723/2017, 25923/2017 & 25925/2017 (EDN-CET)
IN W.P NO.23448/2017:
BETWEEN:
SOUNDARYA MUTHUMARI
D/O SRI ESAKKI MUTHUMARI
AGED ABOUT 17 YEARS (MINOR)
R/AT NO.108, R.K.BLOCK 20
3RD MAIN ROAD, HOYSALA NAGAR
NEAR FMC, 6TH CROSS, RAMAMURTHY NAGAR
BANGALORE NORTH - 560 016
MINOR REPRESENTED BY HER FATHER
SRI ESAKKI MUTHUMARI ...PETITIONER
(BY SRI D.VIJAYAKUMAR, ADVOCATE)
AND:
1. UNION OF INDIA
REP BY ITS PRINCIPAL SECRETARY
MINISTRY OF HOME AFFAIRS
2
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
NORTH BLOCK
CENTRAL SECRETARIAT
NEW DELHI-110 001
2. UNION OF INDIA
REP BY ITS PRINCIPAL SECRETARY
MINISTRY OF OVERSEAS INDIAN AFFAIRS
AKBAR BHAWAN, CHANAKYAPURI
NEW DELHI - 110 021
3. UNION OF INDIA
REP BY ITS PRINCIPAL SECRETARY
MINISTRY OF HUMAN RESOURCES DEPARTMENT
NO.302-C, SHASTRI BHAWAN
NEW DELHI-110 011
4. CENTRAL BOARD OF SECONDARY EDUCATION
(AN AUTONOMOUS ORGANIZATION UNDER THE
MINISTRY OF HUMAN RESOURCES DEPARTMENT)
GOVERNMENT OF INDIA
REP BY ITS CHAIRMAN
"SHIKSHA KENDRA" 2
COMMUNITY CENTRE
PREET VIHAR, NEW DELHI - 110 092
5. KARNATAKA EXAMINATIONS AUTHORITY
REP BY ITS EXECUTIVE DIRECTOR
SAMPIGE ROAD, 18TH CROSS
MALLESWARAM
BANGALORE - 560 012
6. CONSORTIUM OF MEDICAL
ENGINEERING & DENTAL
OF KARNATAKA (COMEDK)
REP BY ITS SECRETARY
NO.132, 2ND FLOOR
11TH MAIN, 17TH CROSS
MALLESHWARAM, BANGALORE - 560 055
7. STATE OF KARNATAKA
REP BY SECRETARY
HIGHER EDUCATION DEPARTMENT
3
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
VIDHANA SOUDHA
BANGALORE - 560 001 ...RESPONDENTS
(BY SRI PRABHULING K.NAVADGI, ASG A/W
MS. M.R.SINCHANA, CGC FOR R1 TO R3;
NOTICE TO R4 & R6 ARE DISPENSED WITH
V/C/O DATED 27.06.2017;
SRI N.K.RAMESH, STANDING COUNSEL FOR R5;
SRI A.S.PONNANNA, AAG A/W
MS. NILOUFER AKBAR, AGA FOR R7)
WP NO.23448/2017 IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-5 TO
PERMIT THE PETITIONER TO REGISTER HER NAME IN
KARNATAKA EXAMINATIONS AUTHORITY AND TO APPEAR FOR
THE COUNSELLING FOR ALLOTMENT OF MBBS/BDS SEATS IN
GOVERNMENT AND PRIVATE MEDICAL AND DENTAL COLLEGES
FOR THE YEAR 2017-2018 BASED ON THE MARKS/RANK
OBTAINED IN THE NEET UG MEDICAL COURSE ENTRANCE TEST
CONDUCTED BY CENTRAL BOARD OF SECONDARY EDUCATION.
IN W.P.NOS.6768-6774/2017:
BETWEEN:
1. MR. PRANAV SHASTRY
S/O MR. VENKATRAMANASHASTRY C.S.
AGED 18 YEARS
R/AT NO.49, 2ND CROSS
10TH BLOCK, 2ND STAGE
NAGARABHAVI, BENGALURU - 560 072
2. MS. TRUPTHI V. REDDY
D/O DR. VINODHA REDDY.K
AGED 18 YEARS
RESIDING AT NO.590
15TH CROSS, 15TH C MAIN
HSR LAYOUT, SECTOR-4
BENGALURU - 560 102
3. MR. VARUN VYAS HEBBALALU
S/O MR. KUMAR HEBBALALU
4
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
AGED 17 YEARS
RESIDING AT NO.963
14TH CROSS, BSK 2ND STAGE
BENGALURU - 560 070
REPRESENTED BY HIS
NATURAL GUARDIAN AND FATHER
MR. KUMAR HEBBALALU
4. MR. RAJEEV HARSHA SHREEDHAR
S/O MR. T.S.SRIDHAR
AGED 18 YEARS
RESIDING AT APT. NO.601B
STERLING RESIDENCY
SCIENTIFIC NURSERY ROAD
RMV 2ND STAGE
BENGALURU - 560 094
5. MS. NANDINI VASUKI GARIMELLA
D/O MR. SURENDRANATH GARIMELLA
AGED 17 YEARS
RESIDING AT BB703, BIRCH BLOCK
SALARPURIA GREENAGE
HOSUR ROAD, BOMMANAHALLI
BENGALURU - 560 068
REP BY HER NATURAL GUARDIAN AND MOTHER
MRS. GEETHA GARIMELLA
6. MR. AADITYA R. SRINIVASAN
S/O DR. RAMESH SRINIVASAN
AGED ABOUT 17 YEARS 7 MONTHS
RESIDING AT E1-504
SRIRAM WHITE HOUSE
15TH CROSS, 6TH MAIN
R.T.NAGAR, BENGALURU - 560 032
REP BY HIS NATURAL GUARDIAN AND MOTHER
DR. BHUMA VEDANTAM
7. MS. SWATHI SUYAMBURAJAN
D/O MR. RAJAMANI SUYAMBURAJAN
AGED 17 YEARS
R/AT NO.59, 31ST MAIN, SECTOR 2
HSR LAYOUT, BENGALURU - 560 102
5
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
SINCE MINOR, REPRESENTED BY
HER GUARDIAN AND MOTHER
MRS. KAVIDHA SUYAMBURAJAN ...PETITIONERS
(BY SRI JOSEPH ANTHONY & SRI SIRISH KRISHNA, ADVOCATES)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
M.S.BUILDING, SECOND GATE, 6TH FLOOR
BENGALURU - 560 001
2. KARNATAKA EXAMINATIONS AUTHORITY
REP BY ITS EXECUTIVE DIRECTOR
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM
BENGALURU - 560 012 ...RESPONDENTS
(BY SRI A.S.PONNANNA, AAG A/W
MS. NILOUFER AKBAR, AGA FOR R1;
SRI N.K.RAMESH, STANDING COUNSEL FOR R2)
WP NOS.6768-6774/2017 ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO PERMIT THE PETITIONERS TO
TAKE UP THE KARNATAKA COMMON ENTRANCE TEST (CET)
CONDUCTED BY R-2 AND FURTHER DIRECT THE RESPONDENTS
TO ALLOW PETITIONERS ADMISSION UNDER THE GENERAL
CATEGORY GOVERNMENT SEATS BASED ON MERIT AND
SATISFACTION OF OTHER ELIGIBILITY CRITERIA ETC.
IN W.P NO.15477/2017:
BETWEEN:
MS. VINDYA KOWSHIK
D/O VARADHARAJAN SRIDHAR
AGED ABOUT 17 YEARS
REPRESENTED BY HER FATHER
MR. VARADHARAJAN SRIDHAR
NO.3J-113, KRISTAL JASPER
6
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
KASAVANAHALLI MAIN ROAD
KASAVANAHALLI
BENGALURU - 560 035 ...PETITIONER
(BY SRI LAXMIKANTH K.B. FOR
SRI HARIKRISHNA S. HOLLA, ADVOCATES)
AND:
1. KARNATAKA EXAMINATIONS AUTHORITY
MALLESWARAM 18TH CROSS
SAMPIGE ROAD
BENGALURU - 560 003
REP BY EXECUTIVE DIRECTOR
2. UNION OF INDIA
MINISTRY OF HOME AFFAIRS
NORTH BLOCK
CENTRAL SECRETARIAT
NEW DELHI - 110 001
REP BY SECRETARY ...RESPONDENTS
(BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1;
SRI R.VEERENDRA SHARMA, CGC FOR R2)
WP NO.15477/2017 IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
RESPONDENT NO.1 TO CONSIDER PETITIONER FOR
EXAMINATION OF NEET-2017 AGAINST STATE QUOTA SINCE THE
PETITIONER AND HER PARENTS WERE DOMICILE OF KARNATAKA
SINCE THE YEAR 2008 ONWARDS ETC.
IN W.P NO.17126/2017:
BETWEEN:
SURAJ SAI NIKHIL PADAKANTI
S/O SRI VENUMADHAV PADAKANTI
AGED ABOUT 17 YEARS (MINOR)
R/AT NO.105, VARS FERNDALE APARTMENT
1ST MAIN ROAD, BSNL EXCHANGE
KODIHALLI, HAL 2ND STAGE
7
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
BENGALURU - 560 008
MINOR REPRESENTED BY HIS FATHER
SRI VENUMADHAV PADAKANTI ...PETITIONER
(BY SRI D.VIJAYAKUMAR, ADVOCATE)
AND:
1. UNION OF INDIA
REP BY ITS PRINCIPAL SECRETARY
MINISTRY OF HOME AFFAIRS
NORTH BLOCK, CENTRAL SECRETARIAT
NEW DELHI -110 001
2. UNION OF INDIA
REP BY ITS PRINCIPAL SECRETARY
MINISTRY OF OVERSEAS INDIAN AFFAIRS
AKBAR BHAWAN, CHANAKYAPURI
NEW DELHI-110 021
3. UNION OF INDIA
REP BY ITS PRINCIPAL SECRETARY
MINISTRY OF HUMAN RESOURCES DEPARTMENT
NO.302-C, SHASTRI BHAWAN
NEW DELHI-110 011
4. KARNATAKA SECONDARY EDUCATION
EXAMINATION BOARD
REP BY ITS SECRETARY
6TH CROSS, OPP. MALLESHWARAM
POLICE STATION
MALLESHWARAM
BENGALURU - 560 003
5. CENTRAL BOARD OF SECONDARY EDUCATION
(AN AUTONOMOUS ORGANIZATION
UNDER THE MINISTRY OF HUMAN
RESOURCES DEPARTMENT)
GOVERNMENT OF INDIA
REP BY ITS CHAIRMAN
"SHIKSHA KENDRA" 2, COMMUNITY CENTRE
PREET VIHAR, NEW DELHI - 110 092
8
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
6. KARNATAKA EXAMINATIONS AUTHORITY
REP BY ITS EXECUTIVE DIRECTOR
SAMPIGE ROAD, 18TH CROSS
MALLESWARAM
BENGALURU - 560 012
7. CONSORTIUM OF MEDICAL
ENGINEERING & DENTAL
OF KARNATAKA (COMEDK)
REP BY ITS SECRETARY
NO.132, 2ND FLOOR
11TH MAIN, 17TH CROSS
MALLESHWARAM
BENGALURU - 560 055
8. STATE OF KARNATAKA
REP BY SECRETARY
HIGHER EDUCATION DEPARTMENT
VIDHANA SOUDHA
BENGALURU - 560 001 ...RESPONDENTS
(BY SRI PRABHULING K.NAVADGI, ASG A/W
MS. M.R.SINCHANA, CGC FOR R1 TO R3;
NOTICE TO R4, R5 & R7 ARE DISPENSED WITH
V/C/O DATED 27.06.2017;
SRI N.K.RAMESH, STANDING COUNSEL FOR R6;
SRI A.S.PONNANNA, AAG A/W
MS. NILOUFER AKBAR, AGA FOR R8)
WP NO.17126/2017 IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-5 & R-6
TO REGISTER HIS NAME IN KARNATAKA EXAMINATIONS
AUTHORITY AND PERMIT THE PETITIONER TO APPEAR FOR THE
COUNSELLING FOR ALLOTMENT OF MBBS SEAT IN GOVERNMENT
AND PRIVATE MEDICAL COLLEGES FOR THE YEAR 2017-2018
BASED ON THE MARKS/RANK OBTAINED IN THE NEET UG
MEDICAL COURSE ENTRANCE TEST CONDUCTED BY CENTRAL
BOARD OF SECONDARY EDUCATION.
9
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
IN W.P.NO.24546/2017:
BETWEEN:
MS. MAITREYI SHEKHAR MAHAJAN
D/O SHEKHAR MAHAJAN
AGED ABOUT 18 YEARS
RESIDING AT A-301, AISHWARYA LAKE
VIEW APARTMENTS, 6TH CROSS
KAGGADASAPURA
C.V.RAMAN NAGAR POST
BENGALURU - 560 093 ...PETITIONER
(BY SRI PRADEEP S. SAWKAR FOR
M/S. SUNDARASWAMY & RAMDAS, ADVOCATES)
AND:
1. KARNATAKA EXAMINATIONS AUTHORITY
18TH CROSS, SAMPIGE ROAD
MALLESWARAM, BENGALURU - 560 003
REP BY ITS EXECUTIVE DIRECTOR
2. STATE OF KARNATAKA
HEALTH & FAMILY WELFARE DEPARTMENT
(MEDICAL EDUCATION)
M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI
BENGALURU - 560 001
REP BY ITS SECRETARY
3. UNION OF INDIA
MINISTRY OF OVERSEAS INDIAN AFFAIRS
NORTH BLOCK, NEW DELHI - 110 001
REP BY SECRETARY ...RESPONDENTS
(BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1;
SRI A.S.PONNANNA, AAG A/W
MS. NILOUFER AKBAR, AGA FOR R2;
SRI PRABHULING K. NAVADGI, ASG
A/W MS. SINCHANA M.R., CGC FOR R3)
10
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
WP NO.24546/2017 IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
RULE 5 OF THE KARNATAKA SELECTION OF CANDIDATES FOR
ADMISSION TO GOVERNMENT SEATS IN PROFESSIONAL
EDUCATIONAL INSTITUTIONS RULES, 2006 INSOFAR AS IT
STIPULATES THAT 'NO CANDIDATE IS ELIGIBLE FOR ADMISSION
TO GOVERNMENT SEATS UNLESS HE IS A CITIZEN OF INDIA' IS
ILLEGAL, DISCRIMINATORY AND ARBITRARY BEING VIOLATIVE
OF ARTICLES 14 AND 15 OF THE CONSTITUTION OF INDIA, THE
CITIZENSHIP ACT, 1955 AND THE INDIAN MEDICAL COUNCIL
ACT, 1956 ETC.
IN W.P.NO.24648/2017:
BETWEEN:
SAI PRANEETH
AGED ABOUT 17 YEARS, MINOR
S/O MOHAN KRISHNA DHULIPATI
A-4, TRIPURA NEST APARTMENTS
11TH CROSS, 7TH MAIN CORNER
MALLESHWARAM
BENGALURU - 560 003
REPRESENTED BY HIS
FATHER AND NATURAL GUARDIAN
MOHAN KRISHNA DHULIPATI ...PETITIONER
(BY SRI AJOY KUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT, HIGHER EDUCATION
DEPARTMENT, M S BUILDINGS
DR. B.R AMBEDKAR VEEDHI
BENGALURU - 560 001
2. KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD
18TH CROSS
MALLESWARAM
11
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
BENGALURU - 560 003
REP BY ITS EXECUTIVE DIRECTOR
3. THE UNION OF INDIA
REP BY ITS SECRETARY TO
GOVERNMENT OF INDIA
MINISTRY OF OVERSEAS INDIAN AFFAIRS
NORTH BLOCK, NEW DELHI - 110 001
4. THE UNION OF INDIA
REP BY ITS SECRETARY TO
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
SOUTH BLOCK
NEW DELHI-110 001 ...RESPONDENTS
(BY SRI A.S.PONNANNA, AAG A/W
MS. NILOUFER AKBAR, AGA FOR R1;
SRI N.K.RAMESH, STANDING COUNSEL FOR R2;
SRI PRABHULING K.NAVADGI, ASG A/W
MS. M.R.SINCHANA, CGC FOR R3 & R4;
SRI N. KHETTY, STANDING COUNSEL FOR
PROPOSED RESPONDENT IN IA NO.1/2017)
WP NO.24648/2017 IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE 5 OF
THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION
TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL
INSTITUTIONS RULES, 2006 INSOFAR AS IT STIPULATES THAT
'NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT
SEATS UNLESS SHE IS A CITIZEN OF INDIA' IS ILLEGAL,
DISCRIMINATORY AND ARBITRARY BEING VIOLATIVE OF
ARTICLES 14 & 15 OF THE CONSTITUTION OF INDIA, THE
CITIZENSHIP ACT, 1955 AND THE INDIAN MEDICAL COUNCIL
ACT, 1956 AND SET ASIDE THE SAME ETC.
IN W.P.NO.24649/2017:
BETWEEN:
APARNA MACHARLA
AGED ABOUT 18 YEARS
12
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
D/O GOVINDA RAJU MACHARLA
APARTMENT NO.5043
SOBHA JASMINE
BELLANDUR
BENGALURU - 560 103 ...PETITIONER
(BY SRI AJOY KUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT, HIGHER EDUCATION
DEPARTMENT, M S BUILDINGS
DR. B.R AMBEDKAR VEEDHI
BENGALURU - 560 001
2. KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18TH CROSS
MALLESWARAM, BENGALURU - 560 003
REP BY ITS EXECUTIVE DIRECTOR
3. THE UNION OF INDIA
REP BY ITS SECRETARY TO
GOVERNMENT OF INDIA
MINISTRY OF OVERSEAS INDIAN AFFAIRS
NORTH BLOCK, NEW DELHI - 110 001
4. THE UNION OF INDIA
REP BY ITS SECRETARY TO
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
SOUTH BLOCK
NEW DELHI-110 001 ...RESPONDENTS
(BY SRI A.S.PONNANNA, AAG A/W
MS. NILOUFER AKBAR, AGA FOR R1;
SRI N.K.RAMESH, STANDING COUNSEL FOR R2;
SRI PRABHULING K.NAVADGI, ASG A/W
MS. M.R.SINCHANA, CGC FOR R3 & R4;
SRI N. KHETTY, STANDING COUNSEL FOR
PROPOSED RESPONDENT IN IA NO.1/2017)
13
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
WP NO.24649/2017 IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE 5 OF
THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION
TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL
INSTITUTIONS RULES, 2006 INSOFAR AS IT STIPULATES THAT
'NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT
SEATS UNLESS SHE IS A CITIZEN OF INDIA' IS ILLEGAL,
DISCRIMINATORY AND ARBITRARY BEING VIOLATIVE OF
ARTICLES 14 & 15 OF THE CONSTITUTION OF INDIA AND
CONTRARY AND REPUGNANT TO THE PROVISIONS OF THE
CITIZENSHIP ACT, 1955 AND THE INDIAN MEDICAL COUNCIL
ACT, 1956 AND SET ASIDE THE SAME ETC.
IN W.P.NO.24738/2017:
BETWEEN:
MS. ANANYA RAJAGOPAL
D/O RAJAGOPAL K.NARAYANAN
AGED ABOUT 18 YEARS
RESIDING AT FLAT NO.1063
SOBHA TULIP APARTMENTS
PUTTENAHALLI
J.P.NAGAR 6TH PHASE
BENGALURU - 560 078 ...PETITIONER
(BY SRI LAXMIKANTH K.B. FOR
SRI HARIKRISHNA S.HOLLA, ADVOCATES)
AND:
1. KARNATAKA EXAMINATIONS AUTHORITY
18TH CROSS, MALLESWARAM
SAMPIGE ROAD
BENGALURU - 560 003
REP BY ITS COMMISSIONER
2. UNION OF INDIA
MINISTRY OF HOME AFFAIRS
NORTH BLOCK
CENTRAL SECRETARIAT
14
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
NEW DELHI-110 001
REP BY PRINCIPAL SECRETARY ...RESPONDENTS
(BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1;
SRI ASHOK N.PATIL, CGC FOR R2)
WP NO.24738/2017 IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO
CONSIDER PETITIONER FOR MEDICAL/DENTAL SEATS AGAINST
STATE QUOTA, SINCE THE PETITIONER AND HER PARENTS WERE
DOMICILE OF KARNATAKA FROM 2008 ONWARDS AND THE
PETITIONER HAS STUDIED FOR MORE THAN 7 YEARS IN STATE
OF KARNATAKA ETC.
IN W.P.NO.24739/2017:
BETWEEN:
MS.VAISHNAVI KANNAN
D/O. KANNAN MARUDACHALAM
AGED ABOUT 19 YEARS
R/AT VILLA NO.24, ADARSH PAL RETREAT
SARJAPUR OUTER RING ROAD
DEVARABEESANAHALLI
BELLANDUR, BANGALORE SOUTH TALUK
BANGALORE-560 013 ...PETITIONER
(BY SRI LAXMIKANTH K.B. FOR
SRI HARIKRISHNA S.HOLLA, ADVOCATES)
AND:
1. KARNATAKA EXAMINATIONS AUTHORITY
MALLESWARAM 18TH CROSS
SAMPIGE ROAD
BANGALORE - 560 003
REP BY COMMISSIONER
2. UNION OF INDIA
MINISTRY OF HOME AFFAIRS
NORTH BLOCK
CENTRAL SECRETARIAT
15
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
NEW DELHI-110 001
REP BY PRINCIPAL SECRETARY ...RESPONDENTS
(BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1;
SRI ASHOK.N.PATIL, CGC FOR R2)
WP NO.24739/2017 IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R1 TO
CONSIDER THE PETITIONER FOR MEDICAL/DENTAL SEATS
AGAINST STATE QUOTA SINCE THE PETITIONER AND HER
PARENTS ARE DOMICILE OF STATE OF KARNATAKA FROM THE
YEAR 2002 ONWARDS ETC.
IN W.P.NO.24740/2017:
BETWEEN:
MS. SURBHI AGRAWAL
D/O RAKESH AGRAWAL
AGED ABOUT 18 YEARS
R/AT NO.2A-804, DIVYASHREE
ÉLAN HOMES, SARJAPUR ROAD
OPPOSITE TOTAL MALL
KALKONDRA HALLI, CARMELARAM
BANGALORE-560 035 ...PETITIONER
(BY SRI LAXMIKANTH K.B. FOR
SRI HARIKRISHNA S.HOLLA, ADVOCATES)
AND:
1. KARNATAKA EXAMINATIONS AUTHORITY
MALLESWARAM 18TH CROSS
SAMPIGE ROAD
BANGALORE - 560 003
REP BY COMMISSIONER
2. UNION OF INDIA
MINISTRY OF HOME AFFAIRS
NORTH BLOCK
CENTRAL SECRETARIAT
16
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
NEW DELHI-110 001
REP BY PRINCIPAL SECRETARY ...RESPONDENTS
(BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1;
SRI ASHOK.N.PATIL, CGC FOR R2)
WP NO.24740/2017 IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R1 TO
CONSIDER THE PETITIONER FOR MEDICAL/DENTAL SEATS
AGAINST STATE QUOTA SINCE THE PETITIONER AND HER
PARENTS WERE DOMICILE OF STATE OF KARNATAKA SINCE THE
YEAR 2008 ONWARDS ETC.
IN W.P.NO.24767/2017:
BETWEEN:
JAANAKI RAGHUNATH
AGED ABOUT 18 YEARS
D/O.MR.BALASUBRAMANIAN RAGHUNATH
No.247, G1, 3RD MAIN ROAD
SKAV ASHIRVAD
MAHALAKSHMI LO
BANGALORE-560 086 ...PETITIONER
(BY SRI ADITYA NARAYAN FOR
M/S. ARGUS PARTNER, ADVOCATES)
AND:
1. UNION OF INDIA
MINISTRY OF HOME AFFAIRS
REP BY ITS PRINCIPAL SECRETARY
NORTH BLOCK, CENTRAL SECRETARIAT
NEW DELHI-110 001
2. UNION OF INDIA
MINISTRY OF OVERSEAS INDIAN AFFAIRS
REP BY ITS PRINCIPAL SECRETARY
AKBAR BHAWAN, CHANAKYAPURI
NEW DELHI-110 021
17
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
3. UNION OF INDIA
MINISTRY OF HUMAN RESOURCES
REP BY ITS PRINCIPAL SECRETARY
302-C, SHASHTRI BHAWAN
NEW DELHI-110 011
4. CENTRAL BOARD OF SECONDARY EDUCATION
REP BY ITS CHAIRMAN
SHIKSHA KENDRA, 2, COMMUNITY
CENTRE, PREET VIHAR, DELHI-110 092
5. STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
REP BY ITS SECRETARY
VIDHANA SOUDHA
BANGALORE-560 001
6. KARNATAKA EXAMINATIONS AUTHORITY
REP BY ITS EXECUTIVE DIRECTOR
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM
BANGALORE - 560 012 ...RESPONDENTS
(BY SRI PRABHULING K.NAVADGI, ASG A/W
MS. SINCHANA M.R., CGC FOR R1 TO R3;
SERVICE OF NOTICE TO R4 IS DISPENSED WITH
V/C/O DATED 27.06.2017;
SRI A.S.PONNANNA, AAG A/W
MS.NILOUFER AKBAR, AGA FOR R5;
SRI N.K.RAMESH, STANDING COUNSEL FOR R6)
WP NO.24767/2017 IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
RULE 5 OF THE KARNATAKA SELECTION OF CANDIDATES FOR
ADMISSION TO GOVERNMENT SEATS IN PROFESSIONAL
EDUCATIONAL INSTITUTIONS RULES, 2006, INSOFAR AS IT
STIPULATES THAT "NO CANDIDATE IS ELIGIBLE FOR ADMISSION
TO GOVERNMENT SEATS UNLESS HE IS A CITIZEN OF INDIA" IS
ILLEGAL, DISCRIMINATORY, ARBITRARY AND VIOLATIVE OF
ARTICLES 14 AND 15 OF THE CONSTITUTION OF THE INDIA AND
CONTRARY AND REPUGNANT TO THE PROVISIONS OF
CITIZENSHIP ACT, 1955 AND SET ASIDE THE SAME ETC.
18
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
IN W.P.NO.24983/2017:
BETWEEN:
AKSHAYA JAYALAKSHMI KUMAR
AGED ABOUT 17 YEARS
D/O. SRI RAJ KUMAR GANAPATHY
APARTMENT # 201, BLOCK-"A"
AASPIRE HEIGHTS APARTMENT
NEAR SGR DENTAL COLLEGE
MUNNE KOLALA MAIN ROAD
MARATHAHALLI, BENGALURU- 560 137
PETITIONER BEING MINOR
REP BY HER FATHER
SRI RAJ KUMAR GANAPATHY ...PETITIONER
(BY SRI RAJKUMAR GANAPATHY, PARTY-IN-PERSON)
AND:
1. KARNATAKA EXAMINATIONS AUTHORITY
REP BY ITS EXECUTIVE DIRECTOR
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM
BANGALORE - 560 012
2. STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT, DEPARTMENT OF
HIGHER EDUCATION, VIDHANA SOUDHA
BANGALORE- 560 001
3. UNION OF INDIA
REP BY ITS PRINCIPAL SECRETARY
MINISTRY OF HOME AFFAIRS
NORTH BLOCK, CENTRAL SECRETARIAT
NEW DELHI-110 001
4. UNION OF INDIA
REP BY ITS PRINCIPAL SECRETARY
MINISTRY OF OVERSEAS INDIAN AFFAIRS
AKBAR BHAWAN
19
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
CHANAKYAPURI
NEW DELHI-110 021
5. UNION OF INDIA
REP BY ITS PRINCIPAL SECRETARY
MINISTRY OF HUMAN RESOURCES
DEPARTMENT, 302-C, SHASHTRI BHAWAN
NEW DELHI- 110 011
6. CENTRAL BOARD OF SECONDARY EDUCATION
(AN AUTONOMOUS ORGANIZATION UNDER THE
MINISTRY OF HUMAN RESOURCE DEPARTMENT)
GOVERNMENT OF INDIA
REP BY ITS CHAIRMAN
"SHIKSHA KENDRA", 2, COMMUNITY
CENTRE, PREET VIHAR
DELHI-110 092 ...RESPONDENTS
(BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1;
SRI A.S.PONNANNA, AAG A/W
MS.NILOUFER AKBAR, AGA FOR R2;
SRI PRABHULING K.NAVADGI, ASG A/W
MS.SINCHANA.M.R., CGC. FOR R3 TO R5;
NOTICE TO R6 IS DISPENSED WITH V/C/O DATED
27.06.2017)
WP NO.24983/2017 IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
RESPONDENT NOS.1 AND 2 TO CONSIDER THE PETITIONER FOR
ALLOTMENT OF SEATS TO UNDERGRADUATE MEDICAL COURSES
UNDER GOVERNMENT QUOTA.
IN W.P.NO.25147/2017:
BETWEEN:
RESHMA RAJENDRAN
AGED ABOUT 18 YEARS
D/O. RAJENDRAN MURUGAPADAYACHI
#6094, SOBHA CARNATION
OFF OUTER RING ROAD
20
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
BELLANDUR
BENGALURU- 560 103 ...PETITIONER
(BY SRI AJOY KUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, HIGHER EDUCATION
DEPARTMENT, M.S.BUILDINGS
DR.BR AMBEDKAR VEEDHI
BENGALURU- 560 001
2. KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM
BANGALORE - 560 012
REP BY ITS EXECUTIVE DIRECTOR
3. THE UNION OF INDIA
REP BY ITS SECRETARY TO GOVERNMENT
OF INDIA, MINISTRY OF OVERSEAS
INDIAN AFFAIRS, NORTH BLOCK
NEW DELHI- 110 001
4. THE UNION OF INDIA
REP BY ITS SECRETARY TO
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
SOUTH BLOCK, NEW DELHI-110 001 ...RESPONDENTS
(BY SRI A.S.PONNANNA, AAG
A/W MS.NILOUFER AKBAR, AGA FOR R1;
SRI N.K.RAMESH, STANDING COUNSEL FOR R2;
SRI PRABHULING K.NAVADGI, ASG A/W
MS.SINCHANA.M.R., CGC. FOR R3 & R4;
SRI N.KHETTY, STANDING COUNSEL FOR PROPOSED
RESPONDENT IN IA NO.1/2017)
WP NO.25147/2017 IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE 5 OF
21
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
THE KARNATAKA SELECTION CANDIDATES FOR ADMISSION TO
GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL
INSTITUTIONS RULES, 2006, INSOFAR AS IT STIPULATES THAT
"NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT
SEATS UNLESS HE IS A CITIZEN OF INDIA" IS ILLEGAL,
DISCRIMINATORY, ARBITRARY AND VIOLATIVE OF ARTICLES 14
AND 15 OF THE CONSTITUTION OF THE INDIA AND CONTRARY
AND REPUGNANT TO THE PROVISIONS OF THE CITIZENSHIP
ACT, 1955 AND THE INDIAN MEDICAL COUNCIL ACT, 1956 AND
SET ASIDE THE SAME ETC.
IN W.P.NO.25148/2017:
BETWEEN:
VAISHNAVI KAVIRAYANI
D/O. RAMAKRISHNA KAVIRAYANI
AGED ABOUT 18 YEARS
# 101, UMA SANJIVANI RESIDENCY
1ST MAIN ROAD, JP NAGAR 7TH PHASE
LAKSHMINAGAR, BENGALURU- 560 078 ...PETITIONER
(BY SRI AJOY KUMAR PATIL, ADVOCATE)
AND:
1. KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM, BENGALURU-560 012
REP BY ITS EXECUTIVE DIRECTOR
2. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, HEALTH & FAMILY
WELFARE DEPARTMENT (MEDICAL EDUCATION)
M.S.BUILDINGS
DR.BR AMBEDKAR VEEDHI
BENGALURU- 560 001
3. THE UNION OF INDIA
REP BY ITS SECRETARY TO GOVERNMENT
OF INDIA, MINISTRY OF OVERSEAS
22
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
INDIAN AFFAIRS, NORTH BLOCK
NEW DELHI- 110 001
4. THE UNION OF INDIA
REP BY ITS SECRETARY TO
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
SOUTH BLOCK, NEW DELHI-110 001 ...RESPONDENTS
(BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1;
SRI A.S.PONNANNA, AAG
A/W MS.NILOUFER AKBAR, AGA FOR R2;
SRI PRABHULING K.NAVADGI, ASG A/W
MS.SINCHANA.M.R. CGC. FOR R3 & R4;
SRI N.KHETTY, STANDING COUNSEL FOR PROPOSED
RESPONDENT IN IA NO.1/2017)
WP NO.25148/2017 IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE 5 OF
THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION
TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL
INSTITUTIONS RULES, 2006, INSOFAR AS IT STIPULATES THAT
"NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT
SEATS UNLESS HE IS A CITIZEN OF INDIA" IS ILLEGAL,
DISCRIMINATORY, ARBITRARY AND VIOLATIVE OF ARTICLES 14
AND 15 OF THE CONSTITUTION OF THE INDIA AND CONTRARY
TO THE PROVISIONS OF THE CITIZENSHIP ACT, 1955 AND THE
INDIAN MEDICAL COUNCIL ACT, 1956 AND SET ASIDE THE SAME
ETC.
IN W.P.No.25587/2017:
BETWEEN:
AMI MEHUL MEHTA
D/O. SRI MEHUL MEHTA
AGED ABOUT 17 YEARS (MINOR)
R/AT D4 MIMS ESPACIO
JAKKUR VILLAGE, YELAHANKA HOBLI
BANGALORE NORTH
BANGALORE- 560 064
23
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
MINOR REP BY HER FATHER
SRI MEHUL MEHTA ...PETITIONER
(BY SRI D.VIJAYAKUMAR, ADVOCATE)
AND:
1. UNION OF INDIA
REP BY ITS PRINCIPAL SECRETARY
MINISTRY OF HOME AFFAIRS
NORTH BLOCK, CENTRAL SECRETARIAT
NEW DELHI-110 001
2. UNION OF INDIA
REP BY ITS PRINCIPAL SECRETARY
MINISTRY OF OVERSEAS INDIAN AFFAIRS
AKBAR BHAWAN, CHANAKYAPURI
NEW DELHI- 110 021
3. UNION OF INDIA
REP BY ITS PRINCIPAL SECRETARY
MINISTRY OF HUMAN RESOURCES DEPARTMENT
NO.302-C, SHASTRI BHAWAN
NEW DELHI- 110 011
4. CENTRAL BOARD OF SECONDARY EDUCATION
(AN AUTONOMOUS ORGANIZATION UNDER
THE MINISTRY OF HUMAN RESOURCES
DEPARTMENT), GOVERNMENT OF INDIA
REP BY ITS CHAIRMAN
"SHIKSHA KENDRA" 2, COMMUNITY
CENTRE, PREET VIHAR, NEW DELHI-110 092
5. KARNATAKA EXAMINATIONS AUTHORITY
REP BY ITS EXECUTIVE DIRECTOR
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM, BENGALURU- 560 012
6. CONSORTIUM OF MEDICAL
ENGINEERING & DENTAL
OF KARNATAKA (COMEDK)
REP BY ITS SECRETARY
24
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
NO.132, 2ND FLOOR, 11TH MAIN
17TH CROSS, MALLESHWARAM
BANGALORE- 560 055
7. STATE OF KARNATAKA
REP BY SECRETARY
HIGHER EDUCATION DEPARTMENT
VIDHANA SOUDHA, BANGALORE- 560001 ...RESPONDENTS
(BY SRI PRABHULING K.NAVADGI, ASG A/W
MS.SINCHANA.M.R. CGC. FOR R1 TO R3;
NOTICE TO R4 & R6 DISPENSED
WITH V/C/O DATED 27.06.2017;
SRI N.K.RAMESH, STANDING COUNSEL FOR R5;
SRI A.S.PONNANNA AAG A/W
MS.NILOUFER AKBAR, AGA FOR R7)
WP No.25587/2017 IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT
NO.5 TO REGISTER HER NAME FOR COUNSELING AND TO
PERMIT THE PETITIONER TO APPEAR FOR THE COUNSELING FOR
ALLOTMENT OF MBBS/BDS SEATS IN GOVERNMENT AND
PRIVATE MEDICAL COLLEGES FOR THE YEAR 2017-18 BASED ON
THE MARKS/RANK OBTAINED IN THE NEET UG MEDICAL COURSE
ENTRANCE TEST CONDUCTED BY CENTRAL BOARD OF
SECONDARY EDUCATION.
IN W.P.NO.25723/2017:
BETWEEN:
KRISHNA VAMSI SUGUNA ROJULPOTE
AGED ABOUT 20 YEARS
S/O. VENKESHWAR ROJULPOTE
R/AT NO.429, ASHTON DRIVE
KING OF PRUSSIA, PENNSYLVANIA
USA-19406 ...PETITIONER
(BY SRI AJOY KUMAR PATIL, ADVOCATE)
25
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
AND:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, HIGHER EDUCATION
DEPARTMENT, M.S.BUILDINGS
DR.B.R.AMBEDKAR VEEDHI
BENGALURU- 560 001
2. KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM, BENGALURU- 560 012
REP BY ITS EXECUTIVE DIRECTOR
3. THE UNION OF INDIA
REP BY ITS SECRETARY TO
GOVERNMENT OF INDIA
MINISTRY OF OVERSEAS INDIAN AFFAIRS
NORTH BLOCK, NEW DELHI- 110 001
4. UNION OF INDIA
REP BY ITS SECRETARY
TO GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
SOUTH BLOCK, NEW DELHI- 110 011 ...RESPONDENTS
(BY SRI A.S.PONNANNA, AAG A/W
MS.NILOUFER AKBAR, AGA FOR R1;
SRI N.K.RAMESH, STANDING COUNSEL FOR R2;
SRI PRABHULING K.NAVADGI, ASG A/W
MS.SINCHANA.M.R. CGC. FOR R3 & R4; &
SRI N.KHETTY, STANDING COUNSEL FOR PROPOSED
RESPONDENT IN IA NO.1/2017)
WP No.25723/2017 IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE 5 OF
THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION
TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL
INSTITUTIONS RULES, 2006, INSOFAR AS IT STIPULATES THAT
"NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT
SEATS UNLESS HE IS A CITIZEN OF INDIA" IS ILLEGAL,
DISCRIMINATORY, ARBITRARY AND VIOLATIVE OF ARTICLES 14
26
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
AND 15 OF THE CONSTITUTION OF THE INDIA AND CONTRARY
TO THE PROVISION OF THE CITIZENSHIP ACT, 1955 AND THE
INDIAN MEDICAL COUNCIL ACT, 1956 AND SET ASIDE THE SAME
ETC.
IN W.P.NO.25923/2017:
BETWEEN:
ASHRAF SAFA
D/O.MOHAMMED NISAR
AGED ABOUT 19 YEARS
NO.10, THIRUMALA RAO GARDEN
NANDIDURG ROAD
BENGALURU-560 046 ...PETITIONER
(BY SRI AJOY KUMAR PATIL, ADVOCATE)
AND:
1. KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM
BENGALURU- 560 012
REP BY ITS EXECUTIVE DIRECTOR
2. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, HEALTH AND FAMILY
WELFARE DEPARTMENT (MEDICAL EDUCATION)
M.S.BUILDINGS, DR.B.R.AMBEDKAR VEEDHI
BENGALURU- 560 001
3. THE UNION OF INDIA
REP BY ITS SECRETARY TO
GOVERNMENT OF INDIA
MINISTRY OF OVERSEAS INDIAN AFFAIRS
NORTH BLOCK, NEW DELHI- 110 001
4. UNION OF INDIA
REP BY ITS SECRETARY
TO GOVERNMENT OF INDIA
27
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
MINISTRY OF HOME AFFAIRS
SOUTH BLOCK, NEW DELHI- 110 001 ...RESPONDENTS
(BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1;
SRI A.S.PONNANNA, AAG
A/W MS.NILOUFER AKBAR, AGA FOR R2;
SRI PRABHULING K.NAVADGI, ASG A/W
MS.SINCHANA.M.R. CGC. FOR R3 & R4; &
SRI N.KHETTY, STANDING COUNSEL FOR PROPOSED
RESPONDENT IN IA NO.1/2017)
WP No.25923/2017 IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE 5 OF
THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION
TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL
INSTITUTIONS RULES, 2006, INSOFAR AS IT STIPULATES THAT
"NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT
SEATS UNLESS HE IS A CITIZEN OF INDIA" IS ILLEGAL,
DISCRIMINATORY, ARBITRARY AND VIOLATIVE OF ARTICLES 14
AND 15 OF THE CONSTITUTION OF THE INDIA AND CONTRARY
TO THE PROVISION OF THE CITIZENSHIP ACT, 1955 AND THE
INDIAN MEDICAL COUNCIL ACT, 1956 AND SET ASIDE THE SAME
ETC.
IN W.P NO.25925/2017:
BETWEEN:
ASISH BOYAPATI
AGED ABOUT 19 YEARS
S/O RAJASEKHAR PHANI BOYAPATI
R/AT PLOT NO.214, NEW RTC COLONY
OPP. TO AUTONAGAR GATE
VIJAYAWADA- 520 010
ANDHRA PRADESH ...PETITIONER
(BY SRI AJOY KUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
28
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
TO GOVERNMENT, HIGHER EDUCATION
DEPARTMENT, M S BUILDINGS
DR. B.R AMBEDKAR VEEDHI
BENGALURU - 560 001
2. KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18TH CROSS
MALLESWARAM, BENGALURU - 560 003
REP BY ITS EXECUTIVE DIRECTOR
3. THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY TO
GOVERNMENT OF INDIA
MINISTRY OF OVERSEAS INDIAN AFFAIRS
NORTH BLOCK
NEW DELHI - 110 001
4. THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY TO
GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
SOUTH BLOCK
NEW DELHI -110 001 ...RESPONDENTS
(BY SRI A.S.PONNANNA, AAG A/W
MS.NILOUFER AKBAR, AGA FOR R1;
SRI N.K.RAMESH STANDING COUNSEL FOR R2;
SRI PRABHULING K.NAVADAGI, ASG A/W
MS.SINCHANA. M.R., CGC FOR R3 & R4)
WP NO.25925/2017 IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE 5 OF
THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION
TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATION
INSTITUTIONS RULES, 2006 INSOFAR AS IT STIPULATES THAT
'NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT
SEATS UNLESS HE IS A CITIZEN OF INDIA' IS ILLEGAL.
DISCRIMINATORY AND ARBITRARY AND VIOLATIVE OF ARTICLES
14 & 15 OF THE CONSTITUTION OF INDIA AND CONTRARY AND
REPUGNANT TO THE PROVISIONS OF THE CITIZENSHIP ACT,
1955 AND THE INDIAN MEDICAL COUNCIL ACT, 1956 AND SET
ASIDE THE SAME ETC.
29
WP No.23448/2017 C/W
WP Nos.6768-6774/2017, 15477/2017,
17126/2017,24546/2017, 24648/2017,
24649/2017, 24738/2017,24739/2017,
24740/2017, 24767/2017,24983/2017,
25147/2017, 25148/2017,25587/2017
25723/2017, 25923/2017 & 25925/2017
WPS COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP, THIS DAY, H.G.RAMESH J., MADE THE FOLLOWING:
ORDER
H.G.RAMESH, J. (Oral):
1. Petitioners are not citizens of India; they are citizens of foreign countries. They state that they are Overseas Citizens of India cardholders and are National Eligibility cum Entrance Test (UG) 2017 ('NEET (UG) 2017') qualified, and hence, are eligible to apply for admission to I year MBBS/BDS course, and have accordingly applied to the Karnataka Examinations Authority, Bangalore. They claim that they are eligible to be considered for admission to I year MBBS/BDS course in Karnataka for the academic year 2017-18 under various categories of seats including that of government seats. State of Karnataka does not admit their claim. The State contends that they are eligible to be considered only under the category of Non-resident Indian (NRI) quota. Therefore, the question for consideration in these petitions is, under which of the categories of seats, 30 WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 the petitioners are eligible to be considered for admission to I year MBBS/BDS course in Karnataka.
2. By consent of learned counsel on both sides, the writ petitions are heard on merits and are being disposed of by this order.
3. Eligibility criteria to apply to a course and eligibility criteria to apply under different categories of seats to a course are two different things. The criteria for both could be the same or different. With this preface, we proceed to examine this matter.
4. We have heard the learned counsel appearing for the parties and the Medical Council of India. Learned counsel for the petitioners, in support of the writ petitions, referred to two notifications dated April 11, 2005 and January 5, 2009 issued by the Central Government in exercise of the powers conferred on it by Section 7B(1) of the Citizenship Act, 1955.31
WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017
5. Sri A.S.Ponnanna, learned Additional Advocate General submitted that, Overseas Citizens of India cardholders are eligible for admission only under the NRI quota as per the amendment made to Section 2(1)(n) of the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006 by Karnataka Act No.22 of 2017 whereby "persons of Indian origin and overseas citizens of India" are added to the definition of "Non-Resident Indian". He also referred to Rule 5 of the Karnataka Selection of Candidates for admission to Government seats in Professional Educational Institutions Rules, 2006 ('the Rules' for short) made by the Government of Karnataka in exercise of the power conferred by Section 14 of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 to state that, only Indian citizens are eligible for government seats.
6. Sri Prabhuling K.Navadgi, learned Additional Solicitor General appearing for the Union of India submitted that 32 WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 Overseas Citizens of India cardholders are also eligible to be considered for government seats.
7. As stated above, the only question for consideration in these petitions is, the categories of seats to which Overseas Citizens of India cardholders are eligible to be considered for admission to I year MBBS/BDS course in Karnataka for the academic year 2017-18.
8.1. Before proceeding further, it is relevant to refer to Section 7B of the Citizenship Act, 1955 to the extent it is necessary for this case:
"7B. Conferment of rights on Overseas Citizen of India Cardholder.―(1) Notwithstanding anything contained in any other law for the time being in force, an Overseas Citizen of India Cardholder shall be entitled to such rights, other than the rights specified under sub-section (2), as the Central Government may, by notification in the Official Gazette, specify in this behalf.
(2) An Overseas Citizen of India Cardholder shall not be entitled to the rights conferred on a citizen of India― ........................................................................................... (3) Every notification issued under sub-
section (1) shall be laid before each House of Parliament."
(Underlining supplied) 8.2. To examine the question raised in these petitions, it is relevant to refer to the following two notifications issued by 33 WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 the Central Government in exercise of the powers conferred on it by Section 7B(1) of the Citizenship Act, 1955:
(i) Notification dated April 11, 2005:
MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 11th April, 2005 S.O.542(E).-- In exercise of the powers conferred by Sub-section (1) of Section 7-B of the Citizenship Act, 1955 (57 of 1955), the Central Government hereby specifies the following rights to which the persons registered as Overseas Citizens of India under Section 7-A of the said Act shall be entitled, namely:--
(a) grant of multiple entry lifelong visa for visiting India for any purpose;
(b) exemption from registration with Foreign Regional Registration Officer or Foreign Registration Officer for any length of stay in India; and
(c) parity with Non-Resident Indians in respect of all facilities available to them in economic, financial and educational fields except in matters relating to the acquisition of agricultural or plantation properties.
(ii) Notification dated January 5, 2009:
MINISTRY OF OVERSEAS INDIAN AFFAIRS NOTIFICATION New Delhi, the 5th January, 2009 S.O.36(E).-- In exercise of the powers conferred by sub-section (1) of Section 7-B of the Citizenship Act, 1955 (57 of 1955), and in continuation of the notifications of the Government of India in the Ministry of Home Affairs number S.O. 542(E), dated the 11th April, 2005 and in the Ministry of Overseas Affairs S.O. 12(E), dated the 6th January, 2007, the Central Government hereby specifies the following rights to which the persons registered as the overseas citizen of India under Section 7-A of the said Act, shall be entitled, namely:-- 34
WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017
(a) parity with non-resident Indian in respect of,--
(i) entry fees to be charged for visiting the national monuments, historical sites and museums in India;
(ii) pursuing the following professions in India, in pursuance of the provisions contained in the relevant Acts, namely:--
(i) doctors, dentists, nurses and pharmacists;
(ii) advocates;
(iii) architects
(iv) chartered accountants;
(b) to appear for the All India Pre-Medical Test or such other tests to make them eligible for admission in pursuance of the provisions contained in the relevant Acts.
(Underlining supplied) 8.3. It is also relevant to extract Rule 5 of the Rules to the extent it is relevant to this case; it reads as follows:
"5. Eligibility for Government Seats.-- No candidate shall be eligible for admission to Government Seats unless he is a citizen of India and satisfies any one of the following conditions, namely.--
(i) ................................................................................."
(Underlining supplied) 8.4. In our opinion, Rule 5 of the Rules extracted above is not arbitrary, and hence, the contention that it is arbitrary and violative of Article 14 of the Constitution is rejected.
9. In view of the aforesaid two notifications issued by the Central Government, we are of the opinion that persons registered as Overseas Citizens of India cardholders under Section 7A of the Citizenship Act, 1955 are entitled to be 35 WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 treated on par with Non-Resident Indians in respect of facilities extended to Non-Resident Indians in the educational field, and further, they are also entitled to appear for the All India Pre-Medical Test or such other tests to become eligible for admission to educational courses.
10. Sri A.S.Ponnanna, learned AAG submitted that Overseas Citizens of India cardholders may be eligible for admission under various categories of seats other than the category of government seats but that does not confer any right on them to be considered under the said categories of seats. We are unable to accept the submission as consideration should follow eligibility, otherwise stipulating eligibility criteria for various categories of seats will have no meaning.
11. The contention of the learned Additional Solicitor General that Overseas Citizens of India cardholders are also eligible for government seats cannot be accepted in view of the clear bar under Rule 5 of the Rules for foreign citizens to apply for government seats.
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12. As already stated above, eligibility criteria to apply to a course and eligibility criteria to apply under different categories of seats to a course are two different things. The criteria for both could be the same or different. In the present case, all candidates who are NEET (UG) 2017 qualified are eligible to apply for I year MBBS/BDS course. Under which categories of seats, they are eligible to apply, depends on their fulfilling the eligibility criteria laid down under relevant Acts and/or Rules governing admission to the various categories of seats. Therefore, if the relevant Acts and/or Rules governing admission to I year medical/dental course in Karnataka make Overseas Citizens of India cardholders eligible for admission under various categories of seats, they shall be entitled to be considered for admission under those categories. However, we state that they are not eligible to be considered under the Non-Resident Indian quota as they are not Non-Resident Indians, though they are entitled to be considered on par with Non-Resident Indians. They are also not eligible to be considered under the category of government seats in view 37 WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 of the bar under Rule 5 of the Rules for foreign citizens to apply for government seats.
13. In the result, we hold that Overseas Citizens of India cardholders who are NEET UG 2017 qualified shall be entitled to be treated on par with Non-Resident Indians in the matter of admission to I year MBBS/BDS course for the academic year 2017-18. Further, if they are eligible for admission under various categories of seats as per the relevant Acts and/or Rules governing admission to I year medical/dental course in Karnataka for the academic year 2017-18, they shall be considered for admission under all such categories of seats.
14. All Overseas Citizens of India cardholders who are NEET UG 2017 qualified and who have applied for admission to I year MBBS/BDS course to Karnataka Examinations Authority, whether they are petitioners herein or not, shall be entitled to the benefit of this order. 38
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15. The writ petitions are disposed of in the above terms. In view of disposal of the writ petitions, no order is necessary on the pending interlocutory applications; they stand disposed of accordingly.
Petitions disposed of.
Sd/-
JUDGE Sd/-
JUDGE hkh.