Karnataka High Court
Prajwal P Shetty vs The State Of Karnataka on 26 September, 2016
Bench: Jayant Patel, Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER 2016
PRESENT
THE HON'BLE MR.JUSTICE JAYANT PATEL
AND
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
W. P.NO.49566/2016
C/W
W.P.NOS.49568/2016, 49618/2016, 49767-49769/2016,
49803/2016, 49884/2016, 50825/2016, 50826/2016,
51041/2016, 51042/2016, 51095/2016, 51263/2016,
51264/2016 & 51407/2016 (EDN-MED-ADM)
W.P.NO.49566/2016
BETWEEN:
PRAJWAL P SHETTY
AGED ABOUT 18 YEARS
D/O PRASHANTH SHETTY
RAMAKRISHNA CLINIC,
CHIKKANAYAKANAHALLI - 572225
TUMAKURU DISTRICT
... PETITIONER
(BY SRI. AJOY KUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
2
PRINCIPAL SECRETARY,
HEALTH & FAMILY WELFARE
SERVICES (MEDICAL EDUCATION)
VIKASA SOUDHA,
DR B R AMBEDKAR VEEDHI
BENGALURU - 560001
2. THE DIRECTOR OF MEDICAL
EDUCATION, ANAND RAO
CIRCLE, BENGALURU - 560009
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 - 560012
REPRESENTED BY ITS
ADMINISTRATIVE OFFICER
5. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU - 560041
REPRESENTED BY
ITS REGISTRAR
6. ASSOCIATION OF MINORITY
PROFESSIONAL COLLEGES
IN KARNATAKA ,
UNIT NO 205,
LAKSHMI APARTMENTS,
NO 6, CORNWELL ROAD,
LANGFORD GARDEN,
3
RICHMOND TOWN,
BENGALURU - 560025
REPRESENTED BY
ITS SECRETARY
7. AJ INSTITUTE OF MEDICAL
SCIENCES, NH-66,
KUNTIKAN,
MANGALURU - 575004
REPRESENTED BY ITS
DIRECTOR/PRINCIPAL
8. SRINIVASA INSTITUTE OF
MEDICAL SCIENCES
C/O A SHAMA RAO FOUNDATION ,
HOTEL SRINIVAS, GHS ROAD,
MANGALURU - 575001
REPRESENTED BY ITS
DIRECTOR / PRINCIPAL
... RESPONDENTS
(BY SRI.N KHETTY, ADVOCATE FOR R-3;
SRI. B.M. ARUN, ADVOCATE FOR R-6, R-7 & R-8;
SRI. A.K. VASANTH, AGA FOR R-1 & R-2)
THIS W.P. FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT
PROHIBITING THE R-6 AMPCK FROM CONDUCTING
COUNSELLING FOR ADMISSION TO 1ST MBBS COURSE IN
THE R-7 & 8 COLLEGES FOR THE ACADEMIC YEAR
2016-17 FOR STUDENTS FALLING UNDER THE TULU
MINORITY QUOTA/STATUS.
W.P. NO. 49568/2016
BETWEEN:
PRATYUSHA K
AGED ABOUT 18 YEARS,
4
D/O KRISHNA PRASAD K
SAIKIRAN, 1ST CROSS,
PC EXTENSION,
KOLAR- 563101
... PETITIONER
(BY SRI.AJOY KUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
HEALTH & FAMILY WELFARE
SERIVCES (MEDICAL EDUCATION)
VIKASA SOUDHA,
DR BR AMBEDKAR VEEDHI,
BENGLAURU-560001
2. THE DIRECTOR OF MEDICAL
EDUCATION, ANAND RAO CIRCLE,
BENGALURU -560009
3. MEDICAL COUNICL OF INDIA
POCKET 14, SECTOR 8,
DWARAKA,
NEW DELHI- 110077
REPRESENTED BY
ITS SECRETARY
4. ASSOCIATION OF MINORTIY
PROFESSIONAL COLLEGES
IN KARNATAKA, UNIT NO.205,
LAKSHMI APARTMENTS
NO.6, CORNWELL ROAD
LANGAFORD GARDEN,
RICHMOND TOWN,
BENGALURU- 560025
REPRESENTED BY
5
ITS SECRETARY
5. VYDEHI INSTITUTE OF
MEDICAL SCIENCES
82, NALLURAHALLI,
NEAR BMTC 18TH DEPOT,
WHITEFIELD,
BENGALURU 560066
REPRESENTED BY ITS
DIRECTOR/PRINCIPAL
6. NAVODAYA INSTITUTE
OF MEDICAL SCIENCES
C/O NAVODAYA EDUCATION
TRUST, POST BOX NO.26,
MANTRALAYAM ROAD
NAVODAYA NAGAR,
RAICHUR 584103
REPRESENTED BY ITS
DIRECTOR/ PRINCIPAL
... RESPONDENTS
(BY SRI.N KHETTY, ADVOCATE FOR R-3;
SRI. B.M. ARUN, ADVOCATE FOR R-4, R-5 & R-6;
SRI. A.K. VASANTH, AGA FOR R-1 & R-2)
THIS W.P. FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO
ALLOT MEDICAL (MBBS) SEAT IN THE R-5 COLLEGE TO
THE PETITIONER ACCORDING TO HER RANKING IN THE
FINAL MERIT LIST AT ANNEXURE-J
W.P. NO. 49618/2016
BETWEEN:
SANJANA S SHETTY
AGED ABOUT 18 YEARS,
D/O. SATHISH SHETTY,
6
SEETHALAKSHMI NILAYAY,
KOMBETTU,
PUTTUR- 574201.
... PETITIONER
(BY SRI. AJOY KUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
HEALTH & FAMILY WELFARE,
SERVICES (MEDICAL EDUCATION),
VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU- 560001
2. THE DIRECTOR OF MEDICAL
EDUCATION, ANAND RAO CIRCLE,
BENGALURU- 560009
3. MEDICAL COUNCIL OF INDIA
POCKET 14, SECTOR 8,
DWARAKA, NEW DELHI-110077,
REP BY ITS SECRETARY.
4. ASSOCIATION OF MINORITY
PROFESSIONAL COLLEGES
IN KARNATAKA, UNIT NO. 205,
LAKSHMI APARTMENTS,
NO. 6, CORNWELL ROAD,
LANGFORD GARDEN,
RICHMOND TOWN,
BENGALURU- 560025.
REP. BY ITS SECRETARY
5. AJ INSTITUTE OF MEDICAL
SECIENCES, NH 66,
KUNTIKAN,
7
MANGALORE- 575004.
REP. BY ITS DIRECTOR/PRINCIPAL
6. SRINIVASA INSTITUTE OF
MEDICAL SCIENCES
C/O A SHAMA RAO FOUNDATION,
HOTEL SRINIVAS, GHS ROAD,
MANGALORE- 575001,
REP. BY ITS DIRECTOR/PRINCIPAL
... RESPONDENTS
(BY SRI.N KHETTY, ADVOCATE FOR R-3;
SRI. B.M. ARUN, ADVOCATE FOR R-4, 5 & R-6;
SRI. A.K. VASANTH, AGA FOR R-1 & R-2)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT R-4 TO
ALLOT MEDICAL (MBBS) SEAT IN THE R-5 COLLEGE TO
THE PETITIONER ACCORDING TO HER RANKING IN THE
FINAL MERIT LIST AT ANNEX-H;
W.P. NOS. 49767-49769/ 2016
BETWEEN:
1. VASTHAVI H SHETTY
D/O HEMANATH SHETTY
AGED ABOUT 18 YEARS
RESIDING AT SHETTY NILAYA
KAVU POST, PUTTUR TALUK
D.K-574 202
2. SAKSHATH RAI G
S/O G MAHABALA RAI
AGED ABOUT 19 YEARS
RESIDING AT VOLATHADKA HOUSE
ARYAPU POST
PUTTUR TALUK
8
D.K-574210
3. SHARANDEEP RAI
S/O SHIVARAMA RAI A
AGED ABOUT 18 YEARS
RESIDING AT DURGA NIVASA
SORAKE HOUSE
SARVE POST
PUTTUR TALUK
D.K-574202
... PETITIONERS
(BY SRI. MOHD. NIYAZ AHMED, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
HEALTH AND FAMILY WELFARE
SERVICES (MEDICAL EDUCATION)
VIKASA SOUDHA
DR.BR AMBEDKAR VEEDHI
BANGALORE-560 001
2. THE DIRECTOR OF MEDICAL
EDUCATION
ANAND RAO CIRCLE
BANGALORE-560 009
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR 8
DWARAKA
NEW DELHI-110077
REPRESENTED BY ITS SECRETARY
4. KARNATAKA EXAMINATIONS
AUTHORITY, SAMPIGE ROAD
18TH CROSS
9
MALLESHWARAM
BANGALORE-560 012
REPRESENTED BY ITS
ADMINISTRATIVE OFFICER
5. RAJIV GANDHI UNIVERSITY OF
HEALTH AND SCIENCES
4TH T BLOCK, JAYANAGAR
BANGALORE-560 025
REPRESENTED BY ITS REGISTRAR
6. ASSOCIATION OF MINORITY
PROFESSIONAL COLLEGES
IN KARNATAKA, UNIT NO.205
LAKSHMI APARTMENTS
NO.6, CORNWELL ROAD
LANGFORD GARDEN
RICHMOND TOWN
BANGALORE-560 025
REP. BY ITS SECRETARY
7. AJ INSTITUTE OF MEDICAL
SCIENCES, NH-66 KUNTIKAN
MANGALORE-575004
REP. BY ITS DIRECTOR/PRINCIPAL
8. SRINIVASA INSTITUTE OF MEDICAL
SCIENCES, GHS ROAD
MANGALORE-570001
REP. BY ITS DIRECTOR/PRINCIPAL
... RESPONDENTS
(BY SRI.A.K.VASANTH, AGA FOR R-1 & R-2;
SRI. N KHETTY, ADVOCATE FOR R3;
SRI B.M. ARUN ADVOCATES FOR R-6)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO
PROHIBIT THE R-6 FROM CONDUCTING COUNSELING
10
FOR ADMISSION TO 1ST MBBS COURSE IN THE R-7 & 8
COLLEGES FOR THE ACADEMIC YEAR 2016-17 FOR
STUDENTS FALLING UNDER THE TULU MINORITY QUOTA;
W.P. NO. 49803/2016
BETWEEN:
MAHIMASHRI UM
AGED ABOUT 18 YEARS
D/O K C MUNISWAMY GOWDA
NO.72, SHARADA NAGAR
BEHIND MOTHER DAIRY
NEAR AYYAPPA SWAMY TEMPLE
CHIKKABOMMASANDRA, GKVK POST
BENGALURU-560 064.
... PETITIONER
(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 B R AMBEDKAR VEEDHI
BENGALURU-560001
2. THE DIRECTOR OF MEDICAL
EDUCATION
ANAND RAO CIRCLE
BENGALURU-560009
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR 8
DWARAKA, NEW DELHI-110077
11
REPRESENTED BY ITS SECRETARY
4. ASSOCIATION OF MINORITY
PROFESSIONAL COLLEGES IN
KARNATAKA, UNIT NO.205,
LAKSHMI APARTMENTS
NO.6, CORNWELL ROAD
LANGFORD GARDEN,
RICHMOND TOWN
BENGALURU-560025
REPRESENTED BY SECRETARY
5. VYDEHI INSTITUTE OF MEDICAL
SCIENCES, 82, NALLURAHALLI,
NEAR BMTC 18TH DEPOT
WHITEFIELD
BENGALURU-560066
REPRESENTED BY ITS
DIRECTOR/PRINCIPAL
6. NAVODAYA INSTITUTE OF
MEDICAL SCIENCES
C/O NAVODAYA EDUCATION TRUST
POST BOX NO.26
MANTRALAYAM ROAD
NAVODAYA NAGAR
RAICHUR-584103
REPRESENTED BY ITS
DIRECTOR/PRINCIPAL
... RESPONDENTS
(BY SRI.A.K.VASANTH, AGA FOR R-1 & R-2;
SRI. N KHETTY, ADVOCATE FOR R3;
SRI B.M. ARUN ADVOCATES FOR R-6)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO
ALLOT MEDICAL [MBBS] SEAT IN THE R-5 COLLEGE TO
12
THE PETITIONER ACCORDING TO HER RANKING IN THE
FINAL MERIT LIST AT ANNEXURE-J.
W.P. NO. 49884/2016
BETWEEN:
KATHIREDDY TEJASWINI
D/O K PARDHASARADHI
AGED ABOUT 18 YEARS
FLAT NO.B-201
SURAKSHAA FAIRVIEW APARTMENTS
BELATHUR, KADUGODI POST
BENGALURU-560067
... PETITIONER
(BY SRI. AJOY KUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
HEALTH AND FAMILY WELFARE
SERVICES(MEDICAL EDUCATION)
VIKASA SOUDHA
DR B R AMBEDKAR VEEDHI
BENGALURU-560001
2. THE DIRECTOR OF MEDICAL
EDUCATION
ANAND RAO CIRCLE
BENGALURU-560009
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8
DWARAKA
NEW DELHI-110077
13
REPRESENTED BY ITS SECRETARY
4. ASSOCIATION OF MINORITY
PROFESSIONAL COLLEGES
IN KARNATAKA, UNIT NO.205,
LAKSHMI APARTMENTS
NO.6, CORNWELL ROAD
LANGFORD GARDEN,
RICHMOND TOWN
BENGALURU-560025
REPRESENTED BY ITS SECRETARY
5. VYDEHI INSTITUTE OF MEDICAL
SCIENCES, 82, NALLURAHALLI,
NEAR BMTC 18TH DEPOT
WHITEFIELD
BENGALURU-560066
REPRESENTED BY ITS
DIRECTOR/PRINCIPAL
6. NAVODAYA INSTITUTE OF
MEDICAL SCIENCES
C/O NAVODAYA EDUCATION TRUST
POST BOX NO.26,
MANTRALAYAM ROAD
NAVODAYA NAGAR
RAICHUR-584103
REPRESENTED BY ITS
- DIRECTOR/PRINCIPAL
... RESPONDENTS
(BY SRI.A.K.VASANTH, AGA FOR R-1 & R-2;
SRI. N KHETTY, ADVOCATE FOR R3;
SRI B.M. ARUN ADVOCATES FOR R-4 TO R-6)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO
ALLOT MEDICAL (MBBS) SEAT IN THE R-5 COLLEGE TO
14
THE PETITIONER ACCORDING TO HER RANKING IN THE
FINAL MERIT LIST AT ANNEXURE-J.
W.P. NO. 50825/2016
BETWEEN:
SAI SOURYA TALLURI
AGED ABOUT 18 YEARS
D/O T SHIVAIAH NAIDU
FLAT NO 4002,
NARAYANA ENCLAVE,
PADMANABHA NAGAR,
BENGALURU - 560004
... PETITIONER
(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. B R AMBEDKAR VEEDHI
BENGALURU - 560001.
2. THE DIRECTOR OF MEDICAL EDUCATION
ANAND RAO CIRCLE,
BENGALURU - 560009.
3. MEDICAL COUNCIL OF INDIA
POCKET -14,
SECTOR 8, DWARAKA,
NEW DELHI - 110077
REPRESENTED BY ITS SECRETARY
15
4. KARNATAKA EXAMINATIONS
AUTHORITY, SAMPIGE ROAD,
18TH CROSS,
MALLESHWARAM,
BENGALURU - 560012
REPRESENTED BY ITS
ADMINISTRATIVE OFFICER
5. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU - 560041
REPRESENTED BY ITS REGISTRAR
6. ASSOCIATION OF MINORITY
PROFESSIONAL COLLEGES
IN KARNATAKA ,
UNIT NO 205,
LAKSHMI APARTMENTS,
NO 6, CORNWELL ROAD,
LANGFORD GARDEN,
RICHMOND TOWN,
BENGALURU - 560025
REPRESENTED BY ITS SECRETARY
7. VYDEHI INSTITUTE OF MEDICAL
SCIENCES, 82,
NALLURAHALLI,
NEAR BMTC 18TH DEPOT,
WHITEFIELD,
BENGALURU - 560066
REPRESENTED BY ITS
DIRECTOR / PRINCIPAL
8. NAVODAYA INSTITUTE OF
MEDICAL SCIENCES
C/O NAVODAYA EDUCATION TRUST,
POST BOX NO 26,
MANTRALAYAM ROAD,
16
NAVODAYA NAGAR,
RAICHUR - 584103
REPRESENTED BY ITS
DIRECTOR / PRINCIPAL
... RESPONDENTS
(BY SRI.A.K.VASANTH, AGA FOR R-1 & R-2;
SRI. N KHETTY, ADVOCATE FOR R3;
SRI B.M. ARUN A/W SRI. A.LOBO, ADVOCATES FOR
R-6 TO R-8)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUION OF INDIA PRAYING TO DIRECT THE R-6
AMPCK TO CONDUCT ANOTHER ROUND OF
COUNSELLING FOR STUDENTS FALLING UNDER THE
TELUGU MINORITY QUOTA / CATEGORY FOR THE
UNFILLED MINORITY CATEGORY SEATS IN THE R-7 & 8
COLLEGES BY ACCEPTING THE APPLICATION OF THE
PETITIONER AT ANNEXURE-H FOR ADMISSION TO 1ST
MBBS COURSE FOR THE ACADEMIC YEAR 2016-17;
W.P.NO. 50826/2016
BETWEEN:
S SHWETHA
D/O N SARAVANAN
AGED ABOUT 18 YEARS
NO.20, 2ND CROSS
BEHIND GANESHA TEMPLE
MADIVALA
BENGALURU-560068
... PETITIONER
(BY SRI.AJOY KUMAR PATIL, ADVOCATE)
17
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
HEALTH AND FAMILY WELFARE
SERVICES (MEDICAL EDUCATION)
VIKASA SOUDHA
DR. B R AMBEDKAR VEEDHI
BENGALURU-560001
2. THE DIRECTOR OF MEDICAL
EDUCATION
ANAND RAO CIRCLE
BENGALURU-560009
3. MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR 8
DWARAKA
NEW DELHI-110077
REPRESENTED BY
ITS SECRETARY
4. KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM
BENGALURU-560012
REPRESENTED BY ITS
ADMINISTRATIVE OFFICER
5. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR
BENGALURU-560041
REPRESENTED BY ITS REGISTRAR
6. ASSOCIATION OF MINORITY
18
PROFESSIONAL COLLEGES IN
KARNATAKA
UNIT NO.205, LAKSHMI APARTMENTS
NO.6, CORNWELL ROAD
LANGFORD GARDEN,
RICHMOND TOWN
BENGALURU-560025
REPRESENTED BY ITS SECRETARY
7. VYDEHI INSTITUTE OF MEDICAL
SCIENCES, 82,
NALLURAHALLI, NEAR BMTC
18TH DEPOT, WHITEFIELD
BENGALURU-560066
REPRESENTED BY ITS
DIRECTOR/PRINCIPAL
8. NAVODAYA INSTITUTE OF
MEDICAL SCIENCES
C/O NAVODAYA EDUCATION TRUST
POST BOX NO.26,
MANTHRALAYAM ROAD
NAVODAYA NAGAR
RAICHUR-584103
REPRESENTED BY ITS
DIRECTOR/PRINCIPAL
... RESPONDENTS
(BY SRI.N KHETTY, ADVOCATE FOR R-3;
SRI. B.M. ARUN A/W SRI. A. LOBO ADVOCATES FOR
R-6, R-7 & R-8;
SRI. A.K. VASANTH, AGA FOR R-1 & R-2)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-6
AMPCK TO COUNDUCT ANOTHER ROUND OF
COUNSELLING FOR STUDENTS FALLING UNDER THE
TELUGU MINORITY QUOTA/CATEGORY FOR THE
19
UNFILLED MINORITY CATEGORY SEATS IN THE R-7 & 8
COLLEGES BY ACCPETING THE APPLICATION OF THE
PETITIONER AS PER ANNEXURE-G FOR ADMISSION TO
1ST MBBS COURSE FOR THE ACADEMIC YEAR 2016-17.
W.P. NO. 51041/2016
BETWEEN:
SRI R ROHIT
AGED ABOUT 18 YEARS
S/O G RAMU, R/A NO.1,
1ST FLOOR, 1ST CROSS
DAMODHARA MUDHALIAR STREET,
ULSOOR, BANGALORE-560008
... PETITIONER
(BY SRI.R HEMANTH RAJ, ADVOCATE)
AND:
1. THE ASSOCIATION OF MINORITY
PROFESSIONAL COLLEGES
IN KARNATAKA
REGD (AMPCK) UNIT NO.205
LAKSHMI APARTMENTS,
NO.6, CORNWEL ROAD
LANGFORD GARDEN,
RICHMOND TOWN,
BANGALORE-560025
REP BY ITS SECRETARY
2. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCS,
KARNATAKA
4TH T BLOCK, JAYANAGARA
BANGALORE-560041
REP BY ITS REGISTRAR
20
3. THE MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8
DWARKE PHASE-I
NEW DELHI-110077
REP BY ITS REGISTRAR
4. THE DIRECTORATE OF MEDICAL
EDUCATION, ANANDA RAO CIRCLE
BANGALORE-560 009
REP BY ITS DIRECTOR
... RESPONDENTS
(BY SRI.N KHETTY, ADVOCATE FOR R-3;
SRI. B.M. ARUN, ADVOCATE FOR R-1;
SRI. A.K. VASANTH, AGA FOR R-4)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R-1 TO ALLOT THE MBBS SEAT TO THE PETITIONER IN
THE LINGUISTIC MINORITY QUOTA AS PER THE RESULT
OF NATIONAL ELIGIBILITY CUM ENTRANCE TEST (NEET)
(UG) 2016.
W.P. NO. 51042/2016
BETWEEN:
SMT SAI HARIPRIYA M R
AGED ABOUT 18 YEARS,
D/O NARENDRA MOHAN M.R.
NO.101/8, 11TH CROSS,
22ND MAIN,
PADMANABHANAGAR
BANGALORE-560 070
... PETITIONER
(BY SRI.R HEMANTH RAJ, ADVOCATE)
21
AND:
1. THE ASSOCIATION OF MINORITY
PROFESSIONAL COLLEGES
IN KARNATAKA
REGD (AMPCK) UNIT NO.205
LAKSHMI APARTMENTS,
NO.6, CORNWEL ROAD
LANGFORD GARDEN,
RICHMOND TOWN,
BANGALORE-560025
REP BY ITS SECRETARY
2. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCS, KARNATAKA
4TH T BLOCK, JAYANAGARA
BANGALORE-560041
REP. BY ITS REGISTRAR
3. THE MEDICAL COUNCIL OF INDIA
POCKET-14, SECTOR-8
DWARKE PHASE-I
NEW DELHI-110077
REP BY ITS REGISTRAR
4. THE DIRECTORATE OF MEDICAL
EDUCATION, ANANDA RAO CIRCLE
BANGALORE-560 009
REP BY ITS DIRECTOR
... RESPONDENTS
(BY SRI.N KHETTY, ADVOCATE FOR R-3;
SRI. B.M. ARUN, ADVOCATE FOR R-1;
SRI. A.K. VASANTH, AGA FOR R-4)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
22
R-1 TO ALLOT THE MBBS SEAT TO THE PETITIONER IN
THE LINGUISTIC MINORITY QUOTA AS PER THE RESULT
OF NATIONAL ELIGIBILITY CUM ENTRANCE TEST [NEET]
[UG] 2016.
W.P. NO. 51095/ 2016
BETWEEN:
T S SUSHMA
AGED ABOUT 18 YEARS,
D/O T SATHISH BABU
PREMA NILAYA, NO.13,
3RD MODEL HOUSE STREET,
BASAVANAGUDI
BENGALURU- 560004
... PETITIONER
(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 560001
2. THE DIRECTOR OF MEDICAL
EDUCATION
ANAND RAO CIRCLE
BENGALURU- 560009
3. MEDICAL COUNCIL OF INDIA
POCKET 14, SECTOR 8, DWARAKA,
NEW DELHI -110077
23
REPRESENTED BY ITS SECRETARY
4. KARNATAKA EXAMINATIONS
AUTHORITY
SAMPIGE ROAD, 18TH CROSS,
MALLESHWARAM
BENGALURU- 560012
REPRESENTED BY ITS
ADMINISTRATIVE OFFICER
5. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH T BLOCK, JAYANAGAR,
BENGALURU -560041
REPRESENTED BY ITS REGISTRAR
6. ASSOCIATION OF MINORITY
PROFESSIONAL COLLEGES
IN KARNATAKA , UNIT NO.205,
LAKSHMI APARTMENTS,
NO.6, CORNWELL ROAD,
LANGFORD GARDEN,
RICHMOND TOWN,
BENGALURU 560025
REPRESENTED BY ITS SECRETARY
7. VYDEHI INSTITUTE OF
MEDICAL SCIENCES
82, NALLURAHALLI, NEAR BMTC
18TH DEPOT, WHITEFIELD
BENGALURU- 560066
REPRESENTED BY ITS
DIRECTOR/PRINCIPAL
8. NAVODAYA INSTITUTE OF
MEDICAL SCIENCES
C/O NAVODAYA EDUCATION TRUST,
POST BOX NO.26,
24
MANTRALAYAM ROAD,
NAVODAYA NAGAR,
RAICHUR- 584103
REPRESENTED BY ITS
DIRECTOR/PRINCIPAL
... RESPONDENTS
(BY SRI.N KHETTY, ADVOCATE FOR R-3;
SRI. B.M. ARUN, ADVOCATE FOR R-6 TO R-8;
SRI. A.K. VASANTH, AGA FOR R-1 & R-2)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-6
AMPCK TO CONDUCT ANOTHER ROUND OF
COUNSELLING FOR STUDENTS FALLING UNDER THE
TELUGU MINORITY QUOTA/CATEGORY FOR THE
UNFILLED MINORITY CATEGORY SEATS IN THE R-7 & 8
COLLEGES BY ACCPETING THE APPLICATION OF THE
PETITIONER SUBMITTED PHYSICALLY AND AS
ACKNOWLEDGED BY R-6 AS PER ANNEXURE-K FOR
ADMISSION TO 1ST MBBS COURSE FOR THE ACADEMIC
YEAR 2016-17.
W.P. NO. 51263/2016
BETWEEN:
SAIMANIKANTANATHA REDDY
AGED ABOUT 19 YEARS,
S/O M.KANAKARAJA REDDY,
NO.203, 2ND FLOOR, 5TH C CROSS,
RAMAGOPAL LAYOUT,
SUBBANNA PALYA,
BANASWADI ROAD,
25
BENGALURU-560 033.
... PETITIONER
(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.B.R.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. ASSOCIATION OF MINORITY
PROFESSIONAL COLLEGES
IN KARNATAKA, UNIT NO.205,
LAKSHMI APARTMENTS,
NO.6, CORNWELL ROAD,
LANGFORD GARDEN,
RICHMOND TOWN,
BENGALURU-560 025
REPRESENTED BY ITS SECRETARY.
5. VYDEHI INSTITUTE OF MEDICAL
SCIENCES, 82, NALLURAHALLI,
26
NEAR BMTC 18TH DEPOT,
WHITEFIELD,
BENGALURU-560 066
REPRESENTED BY ITS
DIRECTOR/PRINCIPAL
6. NAVODAYA INSTITUTE OF
MEDICAL SCIENCES
C/O NAVODAYA EDUCATION TRUST,
POST BOX NO.26,
MANTRALAYAM ROAD,
NAVODAYA NAGAR,
RAICHUR-584 103
REPRESENTED BY ITS
DIRECTOR/PRINCIPAL
... RESPONDENTS
(BY SRI.N KHETTY, ADVOCATE FOR R-3;
SRI. B.M. ARUN, ADVOCATE FOR R-4 TO R-6;
SRI. A.K. VASANTH, AGA FOR R-1 & R-2)
THIS WP IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO DIRECT R-4 TO
ALLOT MEDICAL (MBBS) SEAT IN R-5 COLLEGE TO THE
PETITIONER ACCORDING TO HER RANKING IN THE FINAL
MERIT LIST AT ANNEXURE-H.
W.P. NO. 51264/2016
BETWEEN:
CHANDU J
AGED ABOUT 18 YEARS
D/O JANARDHAN K
DOOR NO.448, 2ND STAGE,
9TH BLOCK, NAGARABHAVI,
BENGALURU-560 072.
... PETITIONER
(BY SRI.AJOY KUMAR PATIL, ADVOCATE)
27
AND:
1. THE STATE OF KARNATAKA
RESPRESENTED BY ITS
PRINCIPAL SECRETRY,
HEALTH & FAMILY WELFARE
SERVICES (MEDICAL EDUCATION),
VIKASA SOUDHA,
DR. B R 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. KARNATKAA EXAMINATIONS
AUTHORITY
SAMPIGE ROAD, 8TH CROSS
MALLESHWARAM,
BENGALURU-560 012
REPRESENTED BY ITS
ADMINISTRATIVE OFFICER
5. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH "T" BLOCK,
JAYANAGAR,
BENGALURU-560 041
28
REPRESENTED BY ITS REGISTRAR
6. ASSOSCIATION OF MINORITY
PROFESSIONAL COLLEGES
IN KARNATAKA, UNIT NO.205,
LAKSHMI APARTMENTS,
NO.6, CORNWELL ROAD,
LANG FORD GARDEN,
RICHMOND TOWN,
BENGALURU-560 025
REPRESENTED BY
ITS SECRETAWRY
7. VYDEHI INSTITUTE OF MEDICAL
SCIENCES, 82, NALLURAHALLI,
NEAR BMTC 18TH DEPOT,
WHITEFIELD,
BENGALURU-560 066
REPRESENTED BY ITS
DIRECTOR/PRINCIPAL
8. NAVODAYA INSTITUTE OF
MEDICAL SCIENCES,
C/O NAVODAYA
EDUCATION TRUST,
POST BOX NO.26,
MANTRALAYAM ROAD,
NAVODAYA NAGAR,
RAICHUR-584 103
REPARESENTED BY ITS
DIRECTOR/PRINCIPAL
... RESPONDENTS
(BY SRI.N KHETTY, ADVOCATE FOR R-3;
SRI. B.M. ARUN ADVOCATE FOR R-6, R-7 & R-8;
SRI. A.K. VASANTH, AGA FOR R-1 & R-2)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO PROHIBIT THE R-6
29
AMPCK TO CONDUCT ANOTHER ROUND OF COUNSELING
FOR STUDENTS FALLING UNDER THE TELUGU MINORITY
QUOTA / CATEGORY FOR THE UNFILLED MINORITY
CATEGORY SEATS IN R-7 & 8 COLLEGES BY ACCEPTING
THE APPLICATION OF THE PETITIONER FOR ADMISSION
TO 1ST MBBS COURSE FOR THE ACADEMIC YEAR
2016-17.
W.P. NO. 51407/2016
BETWEEN:
D DHEERAJ
AGED ABOUT 18 YEARS
S/O M DEVARAJ
NO.56, 10TH CROSS
VASANTH NAGAR
BENGALURU-560 052.
... PETITIONER
(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. B R AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE DIRECTOR OF MEDICAL
EDUCATION,
ANAND RAO CIRCLE
30
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
5. RAJIV GANDHI UNIVERSITY OF
HEALTH SCIENCES
4TH 'T' BLOCK
JAYANAGAR
BENGALURU-560 041
REPRESENTED BY ITS REGISTRAR
6. ASSOCIATION OF MINORITY
PROFESSIONAL COLLEGES
IN KARNATAKA, UNIT NO.205
LAKSHMI APARTMENTS
NO.6, CORNWELL ROAD
LANGFORD GARDEN
RICHMON TOWN
BENGALURU-560 025
REPRESENTED BY
ITS SECRETARY
7. VYDEHI INSTITUTE OF MEDICAL
SCIENCES, 82 NALLURAHALLI
NEAR BMTC 18TH DEPOT
WHITEFIELD
31
BENGALURU-560 066
REPRESENTED BY ITS
DIRECTOR /PRINCIPAL
8. NAVODAYA INSTITUTE OF
MEDICAL SCIENCES
C/O NAVODAYA EDUCATION TRUST
POST BOX NO.26
MANTRALAYAM ROAD
NAVODAYA NAGAR
RAICHUR-584 103
REPRESENTED BY ITS
DIRECTOR /PRINCIPAL
... RESPONDENTS
(BY SRI.N KHETTY, ADVOCATE FOR R-3;
SRI. B.M. ARUN, ADVOCATE FOR R-6, R-7 & R-8;
SRI. A.K. VASANTH, AGA FOR R-1 & R-2)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-6
AMPCK TO COUNDUCT ANOTHER ROUND OF
COUNSELLING FOR STUDENTS FALLING UNDER THE
TELUGU MINORITY QUOTA/CATEGORY FOR THE
UNFILLED MINORITY CATEGORY SEATS IN THE R-7 & 8
COLLEGES BY ACCPETING THE APPLICATION OF THE
PETITIONER AS PER ANNEXURE-J FOR ADMISSION TO
1ST MBBS COURSE FOR THE ACADEMIC YEAR 2016-17.
THESE PETITIONS COMING ON FOR ORDERS THIS
DAY, JAYANT PATEL J., PASSED THE FOLLOWING:
32
ORDER
In all matters, principal grievance on the part of the petitioners is that they are students who applied for admission as minority students and their application should be considered for admission in accordance with law on the basis of interse merit in the NEET examination.
2. Mr.B.M.Arun, learned counsel appearing for respondent-Association of Minority Professional Colleges in Karnataka has tendered memos, but in addition thereto as well as in furtherance thereto, he makes the following statements:
(i) All petitioners shall be considered in the category of minority students desirous to opt for admission in medical as well as dental colleges 33 which are members of the respondent
- Association.
(ii) There will be first round of counselling of minority students in the first session for medical colleges as well as dental colleges which are members of respondent-Association. After completion of first round of counselling in the second session for the left out seats, there will be counselling for General Merit candidates.
(iii) The aforesaid both the counselling shall be on-line and if there is failure in the system of server or otherwise, such counselling shall be re-scheduled.
However, after first round of counselling in the first session for 34 minority students is over, there will be second session for counselling of a General Merit candidates.
(iv) The intimation for counselling shall be given to students through Short Message Service (SMS) through the Mobile number as well as through e-
mail which has been furnished by the petitioners in their respective applications.
(v) The interse merit of the respective candidates in NEET for the concerned minority college/s shall be considered for the purpose of preference unless there are extraordinary valid circumstances in law to make departure therefrom.
35He further states that as the outer limit for admission is on 30th September, 2016, there is urgency in the matter.
3. Learned counsel for the petitioners, in view of the aforesaid declaration states that for the present, petitioners would be satisfied if the Association would abide by such declaration made. But it was submitted that in the event there is something wrong in the counselling or if the respective students who are petitioners before this Court has any grievance, liberty may be reserved to the petitioners to challenge the action in accordance with law. Learned counsel for the petitioners state that subject to the aforesaid clarification, petitioners would not press the petitions further at this stage.
4. In view of the aforesaid declaration and the agreement for the present by the respective petitioners, present writ petitions are disposed of as not pressed. 36 However, it is observed that if any of the petitioners has any grievance about the admission not granted or preference of the college is not respected, he/she shall be at liberty to challenge the said action in accordance with law and at that stage, rights and contentions of both the sides would be considered and same shall remain open.
Copy of this order be given to learned counsel appearing for both the sides.
Sd/-
JUDGE Sd/-
JUDGE *sp