Karnataka High Court
Manasa. S vs The State Of Karnataka on 16 March, 2017
Author: Jayant Patel
Bench: Jayant Patel
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH 2017
PRESENT
THE HON'BLE MR.JUSTICE JAYANT PATEL
AND
THE HON'BLE MR.JUSTICE N.K. SUDHINDRARAO
WRIT PETITION NOS.4770-4829/2016(EDN-MED-ADM)
BETWEEN:
1. MANASA. S
D/O SREENIVASA REDDY,
AGED ABOUT 18 YEARS,
R/AT # 11, 2ND FLOOR,
14TH "A" CROSS,
BHUVANESHWARINAGAR,
H.A. FARM POST,
BENGALURU-560 024.
2. VISHNU CHANDRASHEKAR
S/O N. CHANDRASHEKAR,
AGED ABOUT 18 YEARS,
R/AT #642, 22ND MAIN,
4TH "T" BLOCK, JAYANAGAR,
BENGALURU-560 041.
2
3. SUBHAM THRIPATHY
S/O SHARAT KUMAR TRIPATHY,
AGED ABOUT 18 YEARS,
R/AT #1, N.R. COLONY,
POLICE LANE,
MURUGHESHPALYA,
BENGALURU-560 017.
4. SRINIVAS K.R.
S/O RANGANATHAN K.S.
AGED ABOUT 18 YEARS,
R/AT # 117/77,
SRI CHANNA BASAVESHWARA
NILAYA, 5TH MAIN, 4TH BLOCK,
THAYAGARAJANAGAR,
BENGALURU-560 028.
5. SACHIN S NADH
S/O NS NADHAN,
AGED ABOUT 19 YEARS,
R/AT #17, VAISHNAVI,
KEMPANNA MAIN ROAD,
VIGNANA NAGAR,
BENGALURU-560 037.
6. SUDARSHAN KRISHNAMURTHY
S/O RAJA KRISHNAMURTHY
AGED ABOUT 18 YEARS
R/AT #164, ADARSH VISTA
BASAVANAGAR MAIN ROAD
VIBHUTIPURA
BENGALURU-560 037.
3
7. N SRIKAR REDDY
S/O N RAJESEKHAR
AGED ABOUT 18 YEARS
R/AT FLAT NO.102
SAI DEEP HABITAT NO.22,
2ND MAIN, NEW THIPPASANDRA
BENGALURU-560 075.
8. RASHMI R BELGAONKAR
S/O RAMAKRISHNA
AGED ABOUT 18 YEARS
R/AT C/O A .T. KULKARNI
H. NO.20/1, PANCHKACHERI ONI
DHARWAD-580 001.
9. SHASHIDHAR
S/O RAJASHEKARAN
AGED ABOUT 19 YEARS
R/AT # 40, A- BLOCK
3RD STAGE, VIJAYANAGARA
MYSORE-570 030.
10. NANDAN HEGDE
S/O RAVINDRA V HEGDE
AGED ABOUT 19 YEARS
R/AT # 759/4, 2ND MAIN
II STAGE 'E' BLOCK
RAJAJINAGAR
BENGALURU-560 010.
11. JAGATH T J
AGED ABOUT 18 YEARS
S/O T R JAGANNATH
4
R/AT #19-6-370/16
"TAGATH", AMRITH NAGAR
PANDESHWARA
MANGALORE-575 001.
12. SETTIVARI ANUSHA
D/O S .RAMAMOHAN
AGED ABOUT 18 YEARS
R/AT #4, HOUSE No.13
PUTTAI COMPOUND
ABOVE GAYATHRI PLYWOODS
ASHWATHANAGAR
M. S. RAMAIAH HOSPITAL ROAD
BENGALURU-560 094.
13. SANCHITHA M S
D/O SHEKAR M C
AGED ABOUT 18 YEARS
R/AT C/O GOVINDARAJU
SHREE KRISHNA NILAYA
NO.2/C, L.I.G.II, 2ND STAGE
KUVEMPU NAGAR
HASSAN-573 201.
14. PUNEETH M V
S/O VISHWANATH M E
AGED ABOUT 18 YEARS
R/AT "JANANI"
SANGAMESHWARA EXTENSION
2ND STAGE, 1ST CROSS,
HASSAN-573 201
KARNATAKA
5
15. POOJA R M
D/O MUDDARANGAPPA R
AGED ABOUT 18 YEARS
R/AT "PUSHPA POOJA"
SIDDAGANGA EXTENSION
BEHIND BASAVESHWARA SCHOOL
NEAR WATER TANK
TUMKUR-572 102.
16. SHAIK SEHRAN
S/O NAYEEMULLA
AGED ABOUT 18 YEARS
R/A #3815/1, NEAR FLOUR MILL,
COURT ROAD, ROJIPURA
DODDBALLAPUR-561 203.
17. L ASHWINI
D/O K LOKANATHAN
AGED ABOUT 18 YEARS
R/AT #6, KANDAN NILAYAM
ESHWARA TEMPLE ROAD
G. K. V. K. POST
YELAHANKA NEW TOWN
BENGALURU -560 065.
18. SHREYAS M SADALAGI
S/O MANOHAR L SADALAGI
AGED ABOUT 18 YEARS
R/A #456-B, SHUBHAS NAGAR
AMMASANDRA TURUVEKERE TALUK
TUMKUR DISTRICT
6
19. AKSHAYA K
D/O KALEGOWDA
AGED ABOUT 18 YEARS
R/AT #276, 10TH B CROSS
9TH MAIN, 5TH STAGE
RR NAGAR
BENGALURU-560 088
20. BHARGAV A. S
S/O SUBRAMANYAM. A
AGED ABOUT 18 YEARS
R/AT OPP. TO R.M.C. YARD
TEACHERS COLONY
MULBAGAL-563 131
KOLAR DISTRICT
KARNATAKA
21. TWISHA S.B
D/O BABU S.B
AGED ABOUT19 YEARS
R/AT #503, VARS VALENCIA APTS,
1ST CROSS, KAGGADASAPURA,
CV RAMAN NAGAR,
BENGLAURU - 560 093.
22. AJAY KUMAR.B.R.
S/O RANGANATHAPPA
AGED ABOUT 18 YEARS
R/AT KYADIGUNTE(V)
YADALADAKU (POST)
SIRA TALUK, TUMKUR DISTRICT
KARNATAKA-572 135.
7
23. KAVERI DJ
D/O DHANRAJ S.J
AGED ABOUT 18 YEARS
R/AT #904-B, 'CEDAR' TOWER-6
"GODREJ WOODESMAN ESTAE,
BELLARY ROAD, HEBBAL,
BENGLAURU- 560 024.
24. NAGARAJ P DODDAMANI
S/O PRAKASH G.DODDAMANI
AGED ABOUT 19 YEARS
R/AT BEHIND COURT,
VINAYAK NAGAR,
T & P BAILHONGAL
DIST:BELGAUM
KARNATAKA -591 102
25. VISHWANATH B.KADARALLI
S/O BHEEMAPAPP B. KADARALLI
AGED ABOUT 18 YEARS
R/AT C/O VISHWANATH B.KADARALLI
S/O B.B. KADARALLI
MATHA PITRA KURPA,
PLOT. NO.109,
BANASHRI NAGAR,
DHARWAD-580 008.
26. CHAITHRA A KUMARI
D/O. ANANDAPPA,
AGED ABOUT 18 YEARS,
R/AT # 52, 6TH CROSS,
CAMBRIDGE ENGINEERING
8
COLLEGE ROAD,
J.B. LAYOUT, K.R.PURAM,
BENGALURU - 560 036.
27. KRATIKA RAVINDRA MAPARI
D/O RAVINDRA D. MAPARI,
AGED ABOUT 18 YEARS,
R/AT GANDHINAGAR, P.O.
NILEKANI SIRSI (N.K)
KARNATAKA
28. SANJAY V. R
S/O RAMESHA,
AGED ABOUT 19 YEARS,
R/AT# 5193/4, P AND T. LAYOUT,
K.H.B.COLONY,
NANJANGUD - 571 301.
29. SUPREETHA D. P
D/O DEVAIAH.D,
AGED ABOUT 19 YEARS,
R/AT NO.40, L.I.G,
11TH CROSS, GANGOTHRI BADVANE,
SARASWATHIPURAM,
MYSORE- 570 009.
30. B.Y.CHANDANA
D/O K.Y.GURUPRASAD,
AGED ABOUT 18 YEARS,
R/AT # 26, 4TH CROSS,
VINAYAKA LAYOUT,
MARATHALLI,
BENGALURU -560 037
9
31. NIKITHA
D/O THIRUMOORTHY,
AGED ABOUT 18 YEARS,
R/AT # 548, S-MIG,
35TH BLOCK, B-WING,
NEAR 4TH PHASE, BUS STAND,
YELAHANKA NEW TOWN,
BENGALURU - 560 064.
32. MANOHAR K. P
S/O PAPANNA,
AGED ABOUT 19 YEARS,
R/AT KAVARANAHALLI,
AVALAGURKHI (PO)
CHIKKABALLAPUR TQ & DIST,
KARANTAKA STATE.
33. PAVAN KUMAR P. B
S/O BHASKAR P
AGED ABOUT 19 YEARS,
R/AT #113, SRI RAGHAVENDRA
NILAYA, TLP LAYOUT,
DOCTOR'S ENCLAVE,
OLD CHANDAPURA, ANEKAL TALUK,
BENGALURU - 560 081.
34. SUSHMA V S
D/O TV SATHYANARAYANA GUPTHA
AGED ABOUT 18 YEARS,
R/AT ABOVE LAYER NAGEESH HOUSE,
VINAYAKA NAGAR,
PAVAGADA - 561 202.
10
35. SAHANA B C
D/O CHANNABASAVIAH B.V.
AGED ABOUT 19 YEARS,
R/AT # 458/C, 'SHIVA KURPA',
VINAYAKANAGAR,BEHIND GEETHA,
NURSING HOME, NEAR GKM COMPLEX,
TIPTUR TALUK, TUMKURU DISTRICT,
KARNATAKA STATE.
36. INCHARA J P
D/O S JAGADEESH,
AGED ABOUT18 YEARS,
R/AT # 212/E, 2ND B MAIN
2ND E CROSS, 1ST PHASE,
GIRINAGAR BENGALURU - 560 085.
37. SUPRAJA. R
D/O RANGARAJU H .R
AGED ABOUT 18 YEARS.
R/AT # 191/1, 8TH CROSS,
1ST STAGE, 5TH PHASE,
3RD MAIN, SRI MAHAGANAPATHI ROAD,
BENGALURU - 560 044.
38. ANISH SHANUBOG
S/O S. L SURESH,
AGED ABOUT 18 YEARS,
R/AT NO.2043, 'HIG' 1ST B MAIN,
4TH B CROSS, B-SECTOR,
YELAHANKA NEW TOWN,
BENGALURU - 560 064.
11
39. PRIYA SINGH
D/O SANJAY SINGH
AGED ABOUT 19 YEARS,
R/AT # 288, S1, 2ND FLOOR,
4TH CROSS KAVERINAGAR,
BENGALURU - 560 017.
40. TASMIYA SEHER
D/O SYED IBRAHIM
AGED ABOUT 19 YEARS,
R/AT #16, 20TH CROSS,
KANAKA NAGAR,
R .T. NAGAR POST, HEBBAL
BENGALURU - 560 032.
41. SURABHI C A
D/O A. S .CHANDRASHEKAR,
AGED ABOUT 18 YEARS,
R/AT #74, 4TH CROSS,
RMS COLONY, RMV II STAGE,
SANJAYANAGAR,
BENGALURU-560 094.
42. SAMEEKSHA M D
D/O DINESH KUMAR M
AGED ABOUT 19 YEARS,
R/AT # 100, "VATHSALYA NILAYA"
5TH CROSS, 3RD STAGE,
NEAR POLICE CHOWKI,
VINOBHANAGAR,
SHIMOGA-577 204.
12
43. SHABARI SHETTY
S/O BHOJRAJ SHETTY
AGED ABOUT 18 YEARS,
R/AT SALGADDE HOUSE POST,
NADA, KUNDAPUR TALUK,
UDUPI DISTRICT,
KARNATAKA-576 214.
44. SHILPASHREE. V
D/O VENKATARAJU,
AGED ABOUT 18 YEARS,
R/AT # 433, 5TH MAIN ROAD,
RHCS LAYOUT,
ANNAPOORNESHWARI NAGAR,
BENGALURU-560 091
45. M YESHWINI
D/O R MURALI KRISHNA,
AGED ABOUT 19 YEARS,
R/AT NEAR VANI SCHOOL,
VIVEK NAGAR, ROBERTSON PET,
K.G.F. PIN:563 122.
46. P. DIVYA SHREE RAJ
D/O V PAPPURAJ,
AGED ABOUT 18 YEARS
R/AT KADARI LAKSHMI
NARASHIMHASWAMY NILAYA,
NEAR ANIKETHAN SCHOOL,
OPP.TO D.C. BANGLOW,
SIRA GATE ROAD,
VASAVI NAGAR,TUMKUR
13
47. BALAJEE.V
S/O R VENKATESH,
AGED ABOUT 19 YEARS
R/AT OPPOSITE TO OLD TOWN CLUB
NEAR MARUTHI EXTENSION
ARALERI ROAD,
MALUR, KOLAR DISTRICT.
48. SHARATH S. M
S/O SHIVAPUTRAPPA .M
AGED ABOUT 18 YEARS
R/AT # 112,1ST TYPE BEMA NAGAR,
K.G.F. PIN:563 122
49. VEERA MANOJ KUMAR. R
S/O RAJARAM P. M
R/AT # 514/2, K.R.GARDEN,
OPP TO NDDB,
KORAMNGALA 8TH BLOCK,
BENGALURU-560 095.
50. DEEPALI .D. ALVA
D/O DEEPAK ALVA,
AGED ABOUT 18 YEARS
R/AT C/O M SUDHIR ALVA,
#C-6,CALIFORNIA GARDENS,
FLAT No.301,CLASSIQUE APARTMENTS,
PUTTENAHALLI,
ANANTHPUR ROAD,
YELAHANKA,
BENGALURU-560 064.
14
51. HARSHITHA M .A
D/O ANANDA MURTHY,
AGED ABOUT 18 YEARS
R/AT MANGARAVALLI,
BINDIGANAVILE (P)
NAGAMANAGLA (T)
MANDYA(D)571 432.
52. VISHWARATH V SHETTY
VITTAL S SHETTY,
AGED ABOUT 18 YEARS
R/AT KAVERI COMPOUND,
SHALEBHAGILU,
UPPANDA,KUNDAPUR TQ,
UDUPI DIST.-576 214.
53. ARUN N
S/O NAGARAJU. P
AGED ABOUT 19 YEARS
R/AT NEAR POLICE STATION,
PUTTANAYAKANAHALLI,
SIRA TALUK,
TUMKUR DISTRICT.
54. AMAR RAGHU MAMADAPURE
S/O RAGHU,
AGED ABOUT 18 YEARS
R/AT AKKOL,
CHIKODI TALUK,
BELGAVI DISTRICT
15
55. SUBIYA BANU
D/O AZMATH ULLA KHAN,
AGED ABOUT 18 YEARS
R/AT #96, FASHA EXTENSION,
KIRUGAVALU,
MALAVALLI TALUK,
MANDYA DISTRICT
56. AKHILA K
D/O SRINIVAS K
AGED ABOUT 19 YEARS,
R/AT SWAMY VIVEKANANDA
PUBLIC SCHOOL ROAD,
I WARD, SRIRAMANAGAR,
GANGAVATHI TALUK,
KOPPAL DISTRICT
57. KARUNA S
D/O SADANANDA MURTHY
AGED ABOUT 19 YEARS,
C/O BYRA REDDY RETD. HM,
VENKATESHWARA EXTENSION,
DVG ROAD, SRINIVASPUR
KOLAR DISTRICT
58. SHWETA MB
D/O MAHADEV
AGED ABOUT 19 YEARS,
VIDYAGIRI NAGAR,
(BAKSHI PLOT),MUDHOL,
DISTRICT BAGALKOT
16
59. KIRAN M SINGRI
S/O MARUTHI SINGRI
AGED ABOUT 19 YEARS,
SAHYADRI PU COLLEGE,
TEKAL ROAD,
KOLAR- 563 101
60. MEGHANA S SHANKAR
D/O SHIVA SHANKAR
AGED ABOUT 20 YEARS,
53/30, B, II FLOOR,
I MAIN, 10TH CROSS,
BHOVIPALYA
MAHALAXMIPURAM,
BENGALURU-560 086. ...PETITIONERS
(BY SRI AJOY KUMAR PATIL, ADVOCATE
SRI A.R.VIVEK ADVOCATE, FOR
P-2, P-19, P-49, P-54
SRI V.R.SARATHY, ADVOATE FOR P-21)
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.
17
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
RERPESENTED BY ITS SECRETARY
4. KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18TH CROSS,
MALLESHWARAM,
BENGALURU-560 012
RERPESENTED BY ITS
ADMINISTRATIVE OFFICER
5. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU-560 041
REPRESENTED BY ITS REGISTRAR
6. SHRIDEVI INSTITUTE OF MEDICAL
SCIENCES & RESEARCH HOSPITAL
NO.NH-4, SIRA ROAD,
TUMAKURU-572 106
REPRESENTED BY ITS
MEDICAL DIRECTOR
Dr. RAMAN HULINAYKAR
18
7. UNION OF INDIA
REPRESENTED BY ITS SECRETARY
MINISTRY OF HEALTH &
FAMILY WELFARE, NIRMAN BHAVAN,
MOTILAL NEHRU MARG AREA,
NEW DELHI - 110 011. ... RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-1 & R-2,
SRI N.KHETTY, ADVOCATE FOR R-3,
SRI N.K.RAMESH, ADVOCATE FOR R-4
SRI S.G.PANDIT, ADVOCATE FOR R-5
SRI LOHITSWA BANAKAR, ADVOCATE FOR R-5
SRI ABHISHEK MALIPATIL, ADVOCATE FOR R-6
SMT.H R ANITHA, ADVOCATE FOR R-7)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO:
DIRECT R-1 GOVERNMENT OF KARNATAKA AND R-4
KARNATAKA EXAMINATIONS AUTHORITY TO REALLOCATE/
ACCOMMODATE THE PETITIOENRS AS PER THEIR MERIT
RANKING IN CET-2015 IN ANY DULY RECOGNIZED
GOVERNMENT MEDICAL COLLEGE OR ANY DULY RECOGNIZED
PRIVATE MEDICAL COLLEGE IN KARNATAKA AGAINST
19
GOVERNMENT QUOTA MERIT SEATS FOR THE I MBBS COURSE
FOR THE ACADEMIC YEAR 2015-16;
DIRECT R-1 GOVERNMENT OF KARNATAKA AND R-2
DIRECTOR OF MEDICAL EDUCATION TO CONSIDER THE
REPRESENTATION OF THE PETITIONERS DATED 28.01.2016
AT ANNEXURE-S AND TO REALLOCATE/ACCOMMODATE THE
PETITIONERS AS PER THEIR MERIT RANKING IN CET-2015 IN
ANY DULY RECOGNIZED GOVERNMENT MEDICAL COLLEGE OR
ANY DULY RECOGNIZED PRIVATE MEDICAL COLLEGE IN
KARNATAKA AGAINST GOVERNMENT QUOTA MERIT SEATS
FOR THE I MBBS COURSE FOR THE ACADEMIC YEAR 2015-16
ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS
DAY, JAYANT PATEL J., PASSED THE FOLLOWING:
20
ORDER
The petitioners have preferred these petitions for various reliefs as enlisted in the prayer clause. But the gist of all the prayers is that the first respondent-
Government of Karnataka and 4th respondent-Karnataka Examinations Authority be directed to reallocate-
accommodate the petitioners as per their ranking in CET-
2015 seats `in any duly recognized Government Medical College or any duly recognized Private Medical College in first year MBBS in Government seats for the academic year 2015-16 and further prayers made are consequential to the aforesaid prayer.
2. This Court when considered the matter on 23.06.2016 had passed the following order:
"The petitioners in these writ petitions were allotted seats in various professional courses such as Medical, Dental, Engineering, Veterinary and others courses in different 21 colleges on the basis of their ranking in KEA- CET 2015. They were all duly admitted to the respective colleges. Because of an interim order passed by this Court, in the case of Sridevi Medical College, Medical seats became available for allotment. This Court in its order dated 28.09.2015 passed in W.P. Nos.41899- 41900/2015 had made it very clear that allotment of seats to Sridevi Medical College is subject to the result of these proceedings. Without being aware of the said condition, these petitioners, who had already been admitted to various Medical Colleges opted to get admitted in the Sridevi Medical College.
The interim order granted by this Court was challenged by Medical Council of India before the Apex Court. The Apex Court stayed the interim order passed by this Court and made it clear that those admissions must be kept in abeyance. The students were not heard. When students approached the Apex Court, they were directed to approach this Court. The students, who were meritorious and were all admitted to Medical Colleges lost their seats 22 in the process. They have also lost one year. After filing this writ petition, they did not get any favourable orders. They approached the Government. The Government taking note of the plight of these students, have come forward to accommodate these students in colleges without insisting on taking the examination again, conducted by the KEA for 2016-17. The said proposal by the Government dated 20.06.2016 reads as under:
Since the 60 merit Students who have secured seats at Sridevi Medical College, Tumkur through CET 2015-16, are suffering for no fault of theirs and present situation is created due to management approaching Hon'ble High Court of Karnataka, without complying lacunas pointed out by the MCI and not substantiating the Interim Order dated 28.9.2015 before the Supreme Court and also not getting the MCI permission for admission for the year 2016-17, the following proposal is made 23
(a) Since Medical Council of India did not give permission for admission of MBBS as on 31st May 2016 to Sridevi Medical College, Tumkur for the year 2016-17 for admission. The Government Medical Colleges, to make way for admitting these above 60 students who were selected during 2015-16, by way of offline counseling after last round of counseling of CET 2016-17 and they can be accommodated in 4 Government Medical Colleges (non Hyderabad Karnataka - Region) in Karwar, Madikeri, Chamarajanagara and Gadag by Admitting 15 sudents in each college.
(b) It is proposed/clarified that the Government Medical Colleges at karwar, Madikeri, Chamarajanagara and Gadag will set aside 15 seats for accommodating above mentioned 24 students, with the permission of Hon'ble High Court.
(c) As and when the college gets
permission from MCI to admit
students, the Sridevi Medical
College shall surrender 60 seats
for compensating the above
mentioned seats over and above
the seat which may be
surrendering as per consensual
agreement.
(d) As there is no provision under KEA
rules for allotment of seats who has not appeared for the CET Exam 2016-17, specific order is required accommodate above said students.
Regarding 60 students admitted to Sridevi Medical College, Tumkur during 2015-16 through COMED-K Quota, the State Government has requested the COMED K to take a stand in the same manner as that of the 25 Government to accommodate 60 students of the year 2015-16 selected by COMED K against the KPCF (COMED-K) Quota during the current year, i.e., 2016-17 (Copy enclosed - Annexure
1). The reply of COMED K is as follows. (Copy enclosed - Annexure 2):
a) COMED - K merit list for the year 2015-16 is intended only for the said year and the students of that year cannot be considered for admission during the next or subsequent year. This has been made clear in our Brochure itself.
b) In respect of admissions during 2016-17, as the Government is aware, all admissions in Private Institutions have to be done only through NEET Examination and its eligibility. If any of the candidates in question come through NEET scheme, they may select seat strictly based on merit.
c) It may kindly be recalled that when these students selected seats during 2015-16, they were fully aware of the decision 26 of the Hon'ble High Court in its order dated 28- 09-2015 in W.P.No.41899-900/2015 and in W.P.No.41398/2015, where a direction was issued to allocate the seats on merit subject to the result of the said Writ Petitions. In other Words, the student are required to wait for the final outcome of these Writ Petitions.
d) The allotment letter issued by COMED K to these students also carried the condition that the said allotment is subject to the result of the Writ Petitions.
In the circumstances and in the light of the direction of the Hon'ble Supreme Court in W.P.No.261/2016, dated 28-04-2016, 06-05- 2016 and 09-05-2016, no allotment can be done by COMED K unless the candidates qualify in NEET. However, it is for the State Government to consider accommodating these students against the Government quota seats in Private Colleges as per rules.
27The above facts are submitted for the perusal of Hon'ble High Court of Karnataka.
We have gone through the said Proposal.
The learned Senior counsel appearing for Sridevi Medical College submits that if in the end of the day, they succeed in the matter before the Supreme Court, 60 seats would remain vacant and it would seriously affect them financially. Now the Government is insisting that they should surrender 60 seats in future also, which is most unreasonable. Therefore, he submits that the proper course would be to wait for the results of the litigations before this Court and the Apex Court. All these interest is taken care of only in the event of they loosing the battle only in terms of the proposal. Now the Supreme Court is closed for summer vacation. Immediately, after reopening they would move the Court and get appropriate orders.
In the facts of this case, we are satisfied that the proposal given by the Government is fair 28 and reasonable. Already students have lost one year. They cannot wait for the disposal before the Supreme Court or for any event to happen. Now the direction is issued by the Government to four Medical Colleges to set- aside 15 seats each in four Medical Colleges for these students and accommodate them after the permission of the Hon'ble High Court. Accordingly, this Court accords the requisite permission to accommodate all the 60 students in those four Medical Colleges without insisting on them to take any examination of the current CET exams conducted by KEA.
The learned counsel for the students, who are appearing before the Court makes it very clear that the students have burnt their fingers and they have learnt a very big lesson and they will not commit any blunder in future. That only shows the helpless position in which the students and their parents are placed by all these great Institutions. In that view of the matter, we grant requisite permission to the Government to accommodate all the 60 students in the four colleges, which they have 29 mentioned, at the earliest, after following the requisite procedure and in accordance with law. As all these students had taken the C.E.T. examination 2015-16 conducted by KEA and by virtue of their merit, they had been admitted to Medical Colleges, in the circumstances of the case, on the basis of the same merit, they have to be admitted to aforesaid Medical Colleges and there is no necessity for them to take the C.E.T. exam 2016-2017 conducted by KEA. All other issues, which are mentioned in the proposal could be agitated during the course of hearing of the proceedings and shall be subject to the result of these petitions.
Sridevi Medical College is directed to return all the original documents, which are with them, to the students to enable them to get admission in Colleges."
3. Pursuant to the aforesaid order passed by this Court, the petitioners were granted admission in KEA seats-
Government Quota in the duly recognized Medical 30 Colleges. It is also undisputed position that the aforesaid order passed by this Court was carried before the Apex Court and Apex Court did not interfere with the order passed by this Court and the Special Leave Petition (SLP) was dismissed.
4. Mr.A.R.Vivek, learned counsel for some of the petitioners contends that the petitions have become infructuous since the admissions were granted and those admissions granted were not interfered with by the Apex Court. Therefore petitions can be disposed of in terms of the aforesaid order passed by this Court as having become infructuous. Whereas Mr.Patil, learned counsel appearing for some of the petitioners strongly resisted the disposal of the petitions as having become infructuous by contending that even if the admissions granted are not interfered with by the Apex Court, the petitioners will have right to get the refund of fees which they paid pursuant to the admission granted by Sridevi Medical 31 College which was prior to the filing of the present petitions and he submitted that this would fall in the arena of consequential relief to the main relief. As per him, his clients are proposing to file application for refund of fees and therefore the present petitions may not be disposed of as having become infructuous.
5. Whereas the learned counsel appearing for respondents 1 to 5 are not disputing the aspect that the petitions have virtually become infructuous because admissions were granted to the petitioners pursuant to the above referred order passed by this Court and same order has not been interfered with and by now the period of one year is also over and the students are prosecuting studies.
6. In view of the above, we find that as such all the main prayers which were for reallocation/accommodation of the petitioners as students to other medical colleges in the 32 government seat are satisfied and the petitions can be said as having become infructuous.
7. As such there is no specific prayer made for refund of the fees. The ground contended as falling under the consequential prayer normally cannot be accepted because consequential prayers are always as a consequence of the main prayer and refund of fees is as such a substantive prayer, for which no averments are made. But we do not propose to make any final observation on the said aspect as to whether the petitioners who were earlier granted admissions in Sridevi Medical College in CET Government seat would be entitled to any refund or not, because we find that if the petitioners who were granted admission in Sridevi Medical College are desirous to seek refund of the fees paid by them to Sridevi Medical College as may be available in law, it would be for the petitioners to prosecute their remedy separately for such purpose and only observation 33 needs to be made is that the disposal of the present petitions should not operate as a bar to the petitioners/students to prosecute such remedy as may be available in law for refund of the fees.
8. Under the circumstances, all petitions are disposed off as having become infructuous since admissions are already granted and petitioners are prosecuting studies pursuant to the above referred order passed by this Court. However, it is clarified the present order shall not operate as a bar or prejudice to the petitioners to prosecute separate remedy if any available in law for refund of the fees paid by them to Sridevi Medical College
-respondent No.6 herein but at that stage rights and contentions of the petitioners as well as of the respondent No.6-college shall remain open to be considered in accordance with law.
34I.A.2/2016 would not survive for consideration and shall stand disposed of.
Sd/-
JUDGE Sd/-
JUDGE SBN