IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.7939 OF 2016 (EDN-RES) BETWEEN:
DR.SRIDEVI PRAKASH T. D/O.T.K.PRAKASH AGED: 30 YEARS OCC: SERVICE R/O. NO.G-7, SWARNA HEIGHTS OWNERS COURT, KASAVANAHALLI BANGALORE- 560 035 (BY SRI.V.R.DATAR, ADV.) AND:
1. STATE OF KARNATAKA HEALTH & FAMILY WELFARE DEPARTMENT (MEDICAL EDUCATION) VIKASA SOUDHA BENGALURU-560 001 REP. BY ITS SECRETARY 2. EXECUTIVE SECRETARY COMED-K OFFICE AT 2ND FLOOR, 11TH MAIN 17TH CROSS, MALLESHWARAM BENGALURU-560 055 3. THE PRINCIPAL DR.B.R.AMBEDKAR MEDICAL COLLEGE KADUGONDANAHALLI BENGALURU-560 045 4. MEDICAL COUNCIL OF INDIA SECTOR-8, POCKET-14 … PETITIONER DWARAKA, NEW DELHI-110 077 REP. BY ITS SECRETARY 5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES “T” BLOCK, JAYANAGAR BANGALORE-560 011 REP. BY ITS REGISTRAR 6. KARNATAKA MEDICAL COUNCIL HAVING THEIR OFFICE AT NO.70 VAIDYAKEEYA BHAVANA, K R ROAD BANGALORE-560 004 (BY SMT.PRAMODHINI KISHAN, AGA FOR R-1 SRI.SHETTY R HEGDE ASSTS FOR R-2 SRI.G.S.BALAGANGADHAR, ADV. FOR R-3 SRI.N.KHETTY, ADV. FOR R-4 SRI.SANTOSH S.NAGARALE, ADV. FOR R-5 SRI.D.S.HOSMATH, ADV. FOR R-6) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE COMEDK MERIT SEAT ALLOTTED THROUGH THE COMEDK POST GRADUATE ENTRANCE TEST CONDUCTED BY THE R-2 AND R-5 AND ALLOTTED TO THE PETITIONER IN THE R-3 COLLEGE FOR STUDYING THE POST GRADUATE COURSE IN THE DISCIPLINE/SUBJECT OF OPHTHALMOLOGY AS RECOGNISED SEAT BY THE R-4, BY CALLING FOR RECORDS FROM THE R-2, 3 & 5 AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has prayed for the following reliefs:
(a) The Petitioner submits that this Hon’ble Court be pleased to declare that the COMEDK merit seat allotted through the COMEDK Post Graduate Entrance Test conducted by the 2nd and 5th Respondent and allotted to the Petitioner in the 3rd Respondent College for studying the Post Graduate Course in the discipline/subject or Ophthalmology as Recognised seat by the 4th Respondent, by calling for records from the 2nd 3rd and 5th Respondent by issuing a writ of Mandamus or writ order or direction in the nature of Mandamus under Art. 226 and / or 227 by the Constitution of India to that effect in the interest of justice and equity.
(b) Consequently this Hon’ble Court be pleased to issue a Writ of Mandamus or Writ order or direction in the nature of mandamus or any other appropriate writ order or direction under Article 226 and/or 227 of Constitution of India directing the 6th Respondent to incorporate the degree awarded to her i.e. M S (Ophthalmology) by the 5th Respondent as recognized qualification in the column additional qualification in Annexure B in the interest of justice and equity.
(c) To pass such other equitable, just and fair orders in the interest of justice and equity.
2. During the pendency of the present petition, respondent No.3 has filed a memo along with a communication of the Government dated 15.02.2017 to respondent No.3 by which renewal of recommendation of M.S.(Opthalmology) and DOMS qualification for 01 seat each in respect of students trained at Dr.B.R.Ambedkar Medical College, Bengaluru. In view of these later development, present petition do not survive for consideration. Petition stands disposed of. However, petitioner is at liberty to approach the concerned respondent in respect of remaining relief, if any in the present petition in view of renewal of recommendation of M.S.(Opthalmology) and DOMS qualification for one seat for the petitioner who has completed her course.
Sd/- JUDGE Brn