IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 14 DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT PETITION NO.44268 OF 2018 (EDN-MED/ADM) BETWEEN:
DR. PARINAM RAMPAL SON OF MAJOR B.N. RAMPAL AGED ABOUT 37 YEARS FLAT NO.202 BEST PARADISE APARTMENT SECTOR-19, PLOT NO.4 DWARKA, NEW DELHI-110075.
... PETITIONER (BY SRI:SHAM A NEMICAL, ADVOCATE) AND:
1. VICE-CHANCELLOR RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH “T” BLOCK JAYANAGAR BENGALURU-560 041.
2. DEAN/PRINCIPAL M.R. MEDICAL COLLEGE AND HOSPITAL, SEDAM ROAD KALABURAGI-585105.
... RESPONDENTS (BY SRI:N K RAMESH, ADVOCATE FOR RESPONDENT NO.1 SRI: GIRISH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1 TO PERMIT THE PETITIONER TO ATTEND THE EXAMINATION IN THE MONTH OF NOVEMBER 2018 AND ALSO FORTHCOMING EXAMINATION AND QUASH THE ANNX-E DATED 11.03.2015 ISSUED BY THE R-1, CONSEQUENTLY DIRECT THE R1 TO CONFIRM THE ADMISSION OF THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, S.G.PANDIT J., PASSED THE FOLLOWING:
ORDER The petitioner is before this Court praying for the following reliefs:
(a) direct the respondent No.1 to permit the petitioner to attend the examination in the month of November 2018 and also forthcoming examination;
(b) quash Annexure-E dated 11.03.2015 issued by respondent No.1, consequently direct respondent No.1 to confirm the admission of the petitioner.
2. The petitioner claims to be the student of 2nd respondent college having been admitted to diploma in Anaesthesia in May 2012. The petitioner states that the 2nd respondent-college admitted him by collecting fees of Rs.12,00,000/-, on 31.06.2012. Moreover he states that he has already completed two years diploma course by attending the classes regularly. It is stated that the 2nd respondent-college had approached this court in W.P.No.20626 of 2014 and W.P.Nos.20803-807 of 2014 praying to quash the order dated 29.04.2014 issued by the first respondent by which, the admission of petitioner and other students were not approved. This Court, by order dated 02.12.2014 disposed off the writ petition directing the University to examine as to whether the admission of the students concerned were made prior to the last date as provided under the Notification and directed the college to produce materials before the University to indicate that the students concerned had been admitted prior to the last date and all formalities had been completed by the College concerned.
3. The first respondent/University issued a letter dated 11.03.2015 to the second respondent-College stating that the admission of the students stated therein cannot be approved. In respect of the petitioner, the University had specifically stated that there is no Comed-K Rank card/NRI Sponsorship letter. The petitioner states that he has appeared for May-2014 examination for three theory papers and one practical and he has failed. In these circumstances, the petitioner is before this court, seeking the prayers stated above.
4. Heard the learned counsel for the petitioner and learned counsel for the respondent No.1/University. Respondent No.2/College has remained absent even though served with court notice.
5. Learned counsel for the petitioner submits that he was admitted to two years diploma course in Anaesthesia by collecting huge fees by the second respondent in May 2012. He was not aware of the fact that his admission was not approved and only when he approached Respondent No.1, he came to know that his admission is not approved for the reason that he has not furnished Comed-K Rank- card. It is his submission that the petitioner is admitted under the Management quota, hence he need not produce any Rank-card. Thus, he prays for approval of his admission by quashing Annexure-E dated 11.03.2015, insofar as petitioner is concerned.
6. Petitioner claims that he was admitted to two years diploma course in Anaesthesia by the second respondent- College. Apparently, as the admission of some of the students was not approved including the petitioner herein, the College approached this Court in W.P.No.20626/2015 and connected matters. This court, by order dated 2nd December 2014, directed the University to examine as to whether the students therein were admitted prior to the last date provided under the notification and the college was directed to produce materials before the respondent- University to indicate that the students concerned had been admitted prior to the last date stipulated. This Court also further observed that the other eligibility criteria of the students shall also be established.
7. In pursuance of the direction of this Court supra, the Committee constituted by the University to look into the admission aspect having examined the material placed before it, has come to the conclusion that admission of the petitioner cannot be approved on the ground that there is no Comed-K Rank-card/NRI Sponsorship letter without which one would not be entitled for admission. It is necessary for a student to get into the PG or diploma courses to appear for the entrance exam conducted by the State Agency or by Association of Institutions, whether admission is sought under the Management quota or general quota except the NRI quota. If admission/seat is sought under NRI quota, one should produce Sponsorship letter. All other students who seek admission shall produce the Rank-card for having appeared in the respective entrance examination. In the case on hand, the petitioner has admittedly not produced the Rank card either of the entrance examination conducted by the State agency or of Comed-K or NRI Sponsorship. As such, the first respondent-University has rightly not approved the admission of the petitioner.
8. The Hon'ble Supreme Court in a catena of decisions has made it clear that unless one appears in the entrance examination and produce Rank card, he or she would not be eligible for admission to Professional Courses. In the case of PRIYA GUPTA v/s STATE OF CHATHISGAD AND OTHERS reported in (2012) 7 SCC 433 at paragraph 46.5 has held as follows:
“The admission to the medical or dental colleges shall be granted only through the respective entrance tests conducted by the competitive authority in the State or the body of the private colleges. These two are the methods of selection and grant of admission to these courses. However, where there is a single Board conducting the State examination and there is a single medical college, then in terms of Clause 5.1 of the Medical Council of India Eligibility Certificate Regulations, 2002 the admission can be given on the basis of 10+2 exam marks, strictly in order of merit.”
9. The petitioner in the entire writ petition has not stated that he has appeared for the entrance examination conducted by the State agency or Comed-K nor produced Rank card, but his contention that as he was admitted under the Management quota, he need not produce Rank card is liable to be rejected in view of the principles laid down by the Hon'ble Supreme Court in the decision supra.
10. Hence, we find no illegality in Annexure-E dated 11.03.2015. No ground is made out to grant the relief sought in the petition. The writ petition is accordingly dismissed.
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JUDGE JUDGE mpk/-
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