Karnataka High Court
Aishwarya S. Nayak vs The State Of Karnataka on 29 September, 2016
Bench: Jayant Patel, Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER 2016
PRESENT
THE HON'BLE MR.JUSTICE JAYANT PATEL
AND
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
WRIT PETITION NO.51916/2016 (EDN-MED-ADM)
C/W
WRIT PETITION NOS.51940-51944/2016 (EDN-MED-ADM)
C/W
WRIT PETITION NOS.51974-51975/2016 (EDN-MED-ADM)
IN WRIT PETITION NO.51916/2016
BETWEEN:
AISHWARYA S.NAYAK,
AGED ABOUT 22 YEARS,
D/O.SATYENDRA VISHNU NAYAK,
"VISHNU", 2ND CROSS, 3RD BLOCK,
NAGARBHAVI, 2ND STAGE,
BENGALURU - 560 072. ....PETITIONER
(BY SRI.ARVIND KAMATH.K., ADVOCATE)
2
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY PRINCIPAL SECRETARY,
DEPARTMENT OF MEDICAL EDUCATION,
VIDHAN SOUDHA,
BENGALURU - 560 002.
2. DIRECTORATE OF MEDICAL EDUCATION,
VIKASA SOUDHA,
BENGALURU - 560 001
REPRESENTED BY ITS DIRECTOR.
3. MEDICAL COUNCIL OF INDIA,
REPRESENTED BY ITS CHAIRMAN,
POCKET - 14, SECTOR - 8,
DWARAKA PHASE - I,
NEW DELHI - 110 077.
4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES,
JAYANAGAR - TILAK NAGAR,
NEAR SANJAY GANDHI HOSPITAL,
BENGALURU - 560 041,
REPRESENTED BY ITS REGISTRAR.
5. J.J.M.MEDICAL COLLEGE,
DAVANGERE - 577 004,
KARNATAKA,
REPRESENTED BY ITS CHAIRMAN.
6. KARNATAKA PROFESSIONAL COLLEGES FOUNDATIONS,
REPRESENTED BY ITS PRESIDENT,
#132, 2ND FLOOR, 11TH MAIN, 17TH CROSS,
3
MALLESHWARAM,
BENGALURU - 560 003.
7. SHRIDEVI INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH HOSPITAL,
REPRESENTED BY ITS PRINCIPAL,
NH-04, SIRA ROAD,
TUMAKURU - 572 106. ......RESPONDENTS
(BY SRI.A.K.VASANTH, AGA FOR R1 & R2, SRI.N.KHETTY,
ADV. FOR R.3, SRI.N.K.RAMESH, ADV FOR R4,
SRI.K.SHASHIKIRAN SHETTY, SENIOR COUNSEL A/W.
SMT.FARAH FATHIMA, FOR M/S.SHETTY AND HEGDE
ASSTS FOR R5 & 6)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO GRANT
EXEMPTION TO PETITIONER FROM THE NEET
EXAMINATION TO SEEK ADMISSION BY RE-ALLOCATION
TO THE R-5 COLLEGE TO THE MBBS COURSE FOR THE
YEAR 2016-17 AS THE PETITIONER WAS ALREADY
ADMITTED TO THE MBBS COURSE FOR THE YEAR 2015-
16 BY ISSUING A WRIT OF MANDAMUS AND ETC.,
IN WRIT PETITION NOS.51940-51944/2016
BETWEEN:
1. AJITH KUMAR.A
S/O.ANANDHAN.K.
AGED ABOUT 18 YEARS,
R/AT 7/19, OLD HOSPITAL STREET,
KRISHNAPURAM, AMBUR,
VELLORE - 635 802,
TAMIL NADU.
4
2. M.KAVIN,
S/O.K.MURUGAN,
AGED ABOUT 19 YEARS,
R/AT ONDIYUR,
PARAPATTI POST OFFICE,
MALLUR (V),
SALEM - 636 203,
TAMIL NADU.
3. V.SOUNTHARYA,
D/O.K.VETRISELVAN,
AGED ABOUT 18 YEARS,
R/AT NO.11E/22A
CHAINMAN SUBRAMANIYAMNAGAR,
SWAMI SIVANANDHA SALAI,
RASIPURAM - 637 408,
NAMAKKAL DISTRICT,
TAMIL NADU.
4. DHANUSH A.NAIR,
S/O.ANIL KUMAR.L
AGED ABOUT 18 YEARS,
R/AT USHAS, CHUNGATHU ENCLAVES,
MKRA - 53B, KOLLAM,
THIRUMULLAVARAM,
KERALA - 691 012.
5. A.MANIMEGALAI,
D/O.AZHAGESAN,
AGED ABOUT 19 YEARS,
R/AT NO.155 'B',
PONNIYAMMAN (KI) STREET,
CHENGALNATHAM POST,
VELLORE DISTRICT,
RAMAPURAM - 632 520,
TAMIL NADU.
5
6. DARSHAN S.BHOMKAR,
S/O.SHIVANAND BHOMKAR,
AGED ABOUT 19 YEARS,
R/AT MAHADEV PLAZA,
MG COLONY, NEAR CONGRESS WELL,
TILAKWADI,
BELBAUM - 590 006. ....PETITIONERS
(BY SRI.AJOY KUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
HEALTH & FAMILY WELFARE SERVICES (MEDICAL
EDUCATION),
VIKASA SOUDHA,
DR.BR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE DIRECTOR OF MEDICAL EDUCATION,
ANAND RAO CIRCLE,
BENGALURU - 560 009.
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8, DWARAKA,
NEW DELHI - 110 077.
REPRESENTED BY ITS SECRETARY.
4. KARNATAKA EXAMINATIONS AUTHORITY,
SAMPIGE ROAD, 18TH CROSS,
MALLESHWARAM,
BENGALURU - 560 012.
REPRESENTED BY ITS ADMINISTRATIVE OFFICER.
6
5. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES,
4TH 'T' BLOCK, JAYANAGAR
BENGALURU - 560 041,
REPRESENTED BY ITS REGISTRAR.
6. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF HEALTH & FAMILY WELFARE
NIRMAN BHAVAN, MOTILAL NEHRU MARG AREA,
NEW DELHI - 110 011.
7. COMED - K,
CONSORTIUM OF MEDICAL ENGINEERING AND DENTAL
COLLEGES OF KARNATAKA,
#132, 2ND FLOOR, 11TH MAIN, 17TH CROSS,
MALLESHWARAM,
BENGALURU - 560 055.
8. KARNATAKA PROFESSIONAL COLLEGES
FOUNDATION,
#132, 2ND FLOOR, 11TH MAIN, 17TH CROSS,
MALLESWARAM,
BENGALURU - 560 055.
9. SHRIDEVI INSTITUTE OF MEDICAL
SCIENCES & RESEARCH HOSPITAL
NO.NH-4, SIRA ROAD,
TUMAKURU-572 106
REPRESENTED BY ITS MEDICAL DIRECTOR
DR.RAMAN HULINAYKAR. ...RESPONDENTS
(BY SRI.A.K.VASANTH, AGA FOR R1 & 2, SRI.N.KHETTY,
ADV. FOR R.3, SRI.N.K.RAMESH, ADV. FOR R4 & 5,
SRI.K.SHASHIKIRAN SHETTY, SR COUNSEL, A/W
SMT.FARAH FATHIMA FOR M/S.SHETTY AND HEGDE
7
ASSTS., FOR R7 & R8, SRI.ABHISHEK MALIPATIL, ADV.
FOR R9)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLE 226 OF CONSTITITION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS NOT TO INSIST ON NEET
QUALIFICATION FOR ADMISSION TO 1ST MBBS COURSE
FOR THE ACADEMIC YEAR 2016-17 IN RESPECT OF THE
PETITIONERS IN ANY DULY RECOGNIZED PRIVATE
MEDICAL COLLEGE OF KARNATAKA AND ETC.,
IN WRIT PETITION NOS.51974-51975/2016
BETWEEN:
1. MR. JAGJITH AJAYAKUMAR
S/O AJAYAKUMAR,
AGED ABOUT 19 YEARS
R/AT PANDIKASALA,
VALAPPIL HOUSE,
POST PAYYOLI, PAYYOL,
CALICUT (DT)
KERELA - 673 522.
2. MISS SUMERA FATHIMA R
D/O RIZWAN PASHA,
AGED ABOUT 19 YEARS
R/AT 3768,13TH B MAIN,
HALL 2ND STAGE,
DOOPANHALLI,
BANGALORE. ... PETITIONERS
(BY SRI.VIVEK S.REDDY, SR COUNSEL A/W.
SRI.MUDIT KUNDLIA, ADVOCATE)
8
AND
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF HEALTH AND FAMILY WELFARE,
GOVERNMENT OF INDIA,
NIRMAN BHAVAN,
NEW DELHI - 110 001.
2. MEDICAL COUNCIL OF INDIA
REPRESENTED BY ITS CHAIRMAN,
POCKET-14, SECTOR-8,
DWARAKA PHASE-1,
NEW DELHI - 110 077.
3. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF MEDICAL EDUCATION,
VIDHANA SOUDHA,
BANGALORE - 560 001.
4. DIRECTORATE OF MEDICAL
EDUCATION KARNATAKA,
VIKASA SOUDHA,
BENGALURU - 560 001
REPRESENTED BY ITS DIRECTOR.
5. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES,
JAYANAGAR-TILAK NAGAR,
NEAR SANJAY GANDHI HOSPITAL
BANGALORE -560 041,
REPRESENTED BY ITS PRESIDENT.
6. SRIDEVI INSITUTE OF MEDICAL
SCIENCES AND RESEARCH HOSPITAL
9
NH-04, SIRA ROAD,
TUMAKURU-572 106
REPRESENTED BY ITS PRINCIPAL
7. KARNATAKA PROFESSIONAL COLLEGES FOUNDATION
REPRESENTED BY ITS PRESIDENT/CHAIRMAN
# 132, SECOND FLOOR,
11TH MAIN,17TH CROSS,
MALLESHWARAM,
BANGALORE - 560 055.
8. JAGADGURU JAYADEVA MURUGARAJENDRA
MEDICAL COLLEGE,
# 1945, 2ND MAIN,
2ND CROSS,
THARALABALU EXTENSION,
DAVANGERE,
KARNATAKA - 577 004.
9. VYDEHI INSTITUTE OF MEDICAL SCIENCES
& RESEARCH CENTRE,
# 82,NALLURAHALLI,
NEAR BMTC 18TH DEPOT,
WHITEFIELD,
BANGALORE - 560 066. ... RESPONDENTS
(BY R1 SERVED, SRI.N.KHETTY, ADV. FOR R2,
SRI.A.K.VASANTH, ADV. FOR R3, SRI.N.K.RAMESH, ADV.
FOR R5, SRI.K.SHASHIKIRAN SHETTY, SR COUNSEL,
A/W. MS.FARAH FATHIMA FOR M/S.SHETTY AND HEGDE
ASSTS., FOR R7 & R8)
THESE WP.S ARE FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1
TO 9 TO GRANT ADMISSION TO THE PETITIONER FOR
THE ACADEMIC YEAR 2016-17 FOR PROSECUTING
10
MBBS COURSE IN RECOGNIZED MEDICAL COLLEGES IN
THE STATE OF KARNATAKA UNDER MANAGEMENT
QUOTA BY EXEMPTING HIM FROM NEET EXAMINATION
APPLICABILITY AND ETC.
THESE WRIT PETITIONS ARE COMING ON FOR
ORDERS THIS DAY, JAYANT PATEL J., PASSED THE
FOLLOWING:
ORDER
All the petitions are preferred by the respective petitioners-students who were earlier granted admission for the academic year of 2015-2016 in the management quota pursuant to the interim order passed by this Court in W.P.Nos.4770-4829/2016 preferred by Sridevi Medical College, wherein the interim order was granted, which subsequently came to be vacated by the Apex Court and the admissions were also cancelled. As per the petitioners, there were similarly situated students who were granted admission on the seats of CET as well as on COMED-K and this Court (NKJ & SSJ) vide order 11 dated 23.06.2016 had directed the consideration of those students for admission to academic year of 2016- 2017 by granting exemption from the requirement of NEET qualification.
2. The grievance on the part of the petitioners is that at the relevant point of time, since the Management of the respective Colleges were not ready to surrender quota of NRI/management for the academic year of 2016-2017, they could not be considered for passing of interim order. However, the petitioners contend that since now some of the Colleges, out of their NRI/management quota are ready to accommodate for admission in the academic year of 2016-2017, similar exemption may be granted of NEET qualification to the petitioners and the management of the respective College be permitted to grant admission to the 12 petitioners in M.B.B.S. course for the academic year of 2016-2017, and hence the petitions.
3. Mr.Shashikiran Shetty, learned Senior Counsel appearing for the respective Colleges-respondent Nos.5 and 6 in W.P.No.51916/2016 and for respondent No.8 in W.P.Nos.51974-51975/2016 states that as per the letter issued by the respective College, if NEET exemption is granted by this Court, the Colleges are willing to give admission to the concerned petitioners for the academic year of 2016-2017 for the M.B.B.S. course.
4. Mr.Ajoy Kumar Patil, learned Counsel appearing for the petitioners in W.P.Nos.51940- 51944/2016 submitted that if NEET exemption is granted to the petitioners, who are his clients, by this Court, as orally conveyed to the petitioners, certain 13 Colleges are ready to give the admission for the academic year of 2016-2017.
5. Whereas Mr.N.Khetty, learned Counsel appearing for respondent-Medical Council of India, has tendered a memo in W.P.Nos.41899-41900/2015 which is a separate matter, but in the very memo, it has been stated that any prayer for grant of exemption of NEET in all these petitions may be rejected by this Court and it has been further stated that the interim order passed by this Court earlier dated 23.06.2016 in W.P.Nos.41899- 41900/2015 for grant of NEET exemption to COMED-K and CET students for the academic year of 2016-2017 is stayed by the Apex Court vide order dated 28.09.2016. So far as the students who have not appeared in NEET examination for this academic year of 2016-2017, it has been further observed by the Apex 14 Court not to admit any student who has not appeared in the NEET examination.
6. As such, on the principal question of exemption or dispensing the requirement to pass NEET examination for the admission in Medical and Dental Course for the academic year of 2016-2017, whether can be insisted in the management quota by MCI, the question did come up for consideration before this Court in W.P.Nos.44731-44732/2016 and allied matters in case of Karnataka Professional Colleges Foundation and Others Vs. The Medical Council of India and this Court based on the decision of the Apex Court has observed that as per the amendment made in the MCI Regulation which has come into force from 28.04.2016, NEET is a requirement for the eligibility criteria for admission as well as interse merit of the respective student at the NEET in that respective 15 category is required to be considered, unless the order of the Apex Court dated 28.04.2016 in W.P.(C) No.261/2016 is clarified or modified.
7. The learned Senior Counsel Mr.Shashikiran Shetty, has made a statement at the bar that the aforesaid order of the Division Bench of this Court dated 15.09.2016 in W.P.Nos.44731-44732/2016 and allied matters was carried before the Apex Court in SLP Nos.27805-808/2016 and the Apex Court has declined the interference vide order dated 28.09.2016 i.e, yesterday.
8. It has also been brought to our notice that in the order dated 28.09.2016 passed by the Apex Court which has also been referred to by the MCI in the memo, the Apex Court has permitted participation of the counseling to the students who have already passed NEET examination this year. Further the another order 16 of the Apex Court passed on 28.09.2016 is brought to our notice in I.A.Nos.35, 36 and 37/2016 in W.P.(C) No.306/2004, whereby the Apex Court has extended time upto 07.10.2016 only. No further details are available but Mr.Shashikiran Shetty, learned Senior Counsel states that the said extension is only for the State of Andhra Pradesh and Telangana and that too for the specified seats. Another order of the Apex Court dated 28.09.2016 in Civil Appeal No.9835/2016 in case of State of Maharashtra and Ors. Vs. Dr.D.Y.Patil Vidyapeeth and Ors. and allied matters is brought to our notice, wherein for Deemed Universities, time to comply admission is extended upto 07.10.2016.
9. In view of the aforesaid, we find that since the requirement of NEET for the admission to academic year of 2016-2017 is on account of the above referred orders passed by the Apex Court and as the outer limit 17 for admission is also fixed by the orders of the Apex Court for the rest of the states by 30.09.2016, it would not be possible for this Court to grant any exemption in the requirement of NEET for admission to the academic year of 2016-2017 nor it would be possible for this Court to extend the outer limit for grant of admissions for Medical and Dental Courses.
10. Under the circumstances, the relief for grant of exemption from the requirement of NEET cannot be granted. Hence, all petitions are dismissed.
Hand delivery of the order is permitted.
Sd/-
JUDGE Sd/-
JUDGE JT/-