IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS W.P. No. 30813/2019 (EDN-MED-ADM) BETWEEN:
GADDIPATI DHARMA TEJA, AGED ABOUT 18 YEARS, D/O. GADDIPATI BASAVA SANKAR, PLOT NO. 642, PRAGATHI NAGAR BACHPALLE, OPP. JNTU, KUKKATPALLY, MALKAJGIRI – 500 090, TELANGANA STATE.
… PETITIONER (BY SRI. AJAY KUMAR PATIL, ADVOCATE ) AND:
1. THE KARNATAKA EXAMINATIONS AUTHORITY, SAMPIGE ROAD, 18TH CROSS, MALLESWARAM, BENGALURU-560 012, REP. BY ITS EXECUTIVE DIRECTOR.
2. THE ADMINISTRATIVE OFFICER, KARNATAKA EXAMINATIONS AUTHORITY, SAMPIGE ROAD, 18TH CROSS, MALLESWARAM, BENGALURU – 560 012.
3. THE STATE OF KARNATAKA, REP. BY ITS ADDITIONAL CHIEF SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT (MEDICAL EDUCTION), VIDHANA SOUDHA, DR. BR. AMBEDKAR VEEDHI, BEGALURU – 560 001.
… RESPONDENTS (BY SRI. N.K. RAMESH, ADV. FOR R1 & R2, SRI. LAKSHMINARAYANA, AGA. FOR R3) THIS WRIT PETITION IS FILED UNDER ARTCILES 226 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR ADMISSION TO UNDERGRADUATE MEDICAL/DENTAL COURSES IN KARNATAKA UNDER NRI WARD CATEGORY AND ACCEPT THE DOCUMENTS SUBMITTED BY THE PETITIONER TO KEA AND PERMIT HIM TO CHOOSE THE OPTION ENTRY UNDER NRI WARD CATEGORY AT THE TIME OF 2ND ROUND ON-LINE COUNSELLING FOR UG NEET-2019 BEING CONDUCTED BY KEA FOR ADMISSION TO UNDER GRADUATE MEDICAL/DENTAL COURSES IN KARNATAKA FOR THE ACADEMIC YEAR 2019-20, ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, NARAYANA SWAMY, J., MADE THE FOLLOWING:
ORDER This petition is filed seeking a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to consider the representation of the petitioner produced at Annexure-F dated 19.07.2019 and pass appropriate orders thereon permitting the petitioner to take part in the UG NEET-2019 Counselling under ‘NRI’ Ward category.
2. It is the case of the petitioner-GADDIPATI DHARMA TEJA that, he has completed His Intermediate from Telangala and has qualified in NEET-UG 2019 conducted by the National Testing Agency and he is eligible for admission to under Graduate Medical/Dental Courses in Karnataka. He has submitted his online application for participating in UG NEET – 2019 conducted by Karnataka Examination Authority (‘KEA’ for short). But, while submitting on-line application, since he did not have the relevant document for claiming seat under the Ward Status of ‘NRI’ and even he was not aware of the procedure for claiming NRI Ward Category Status, he was under a bona fide impression that, such details have to be submitted at a later stage, and as such, he could not claim the ‘NRI’ status. Therefore, while applying on-line he entered ‘No’ in the column relating to NRI Ward Category. Such being the case, at the time of document verification by KEA, the petitioner was informed that he cannot be considered as a candidate under ‘NRI Ward Category’, since he has not claimed the same while submitting online application. In spite of the request of the petitioner to the respondent-KEA to consider his name under the NRI Ward category and accept the NRI document submitted by him, the respondent- KEA has refused to accept the same. Even, the petitioner submitted a representation on 19.07.2019 to the respondent-KEA requesting to consider his case under NRI Ward Category, but the said authority has refused to receive the same. Therefore, the petitioner having no other alternate, has approached this court by this petition for appropriate direction to the respondent- KEA Authority, in this regard.
3. We have heard the learned counsels appearing on both sides.
4. The learned counsel for the petitioner reiterating the above said facts, has submitted that, though as on the date of document verification and counselling the petitioner was not possessing the NRI Ward Status document, but now the petitioner very much has got that document, the counsel requested the court to issue a direction to the respondent- KEA to consider request of the petitioner by considering the NRI document produced by him and to consider his representation and allow him to go through the second round of counseling to get UG-NEET-19 seat under ‘NRI Quota’, as early as possible.
5. Per contra, Sri. N.K. Ramesh, counsel appearing for the Respondent-KEA submits that, once the application is filled with required particulars, it cannot be changed later. So, at the time of filling on-line application, the petitioner has answered ‘No’ against the column meant for ‘NRI’ Category. Therefore, while filling on-line application, the petitioner must have been diligent and he must have stated that he belongs to the category of ‘NRI’, but, he has not claimed his category as such. Therefore, once On-line application is filled with the required particulars, it cannot be changed later, that too at the time of verification of documents or counselling. Therefore, at this stage, it is not possible to change the position of status of the candidate for the purpose of bringing the candidate under the category of ‘NRI. Therefore, the learned counsel sought to justify action of the respondent-KEA in refusing to receive and accept the NRI document at the stage of document verification and counselling.
6. Sri. Lakshminarayana, learned AGA also supports the submission of Sri. N.K. Ramesh, learned counsel for the Respondent- KEA.
7. Having heard the arguments of the learned counsels on both sides it is clear that, though at the time of submitting the application on-line the petitioner did not possess NRI Certificate or at the time of document verification or first round of counselling, now he obtained the said document. It is the case of the petitioner that, by inadvertence the petitioner mentioned ‘No’ against the column meant for ‘NRI Quota/Category.
8. It is submitted by the learned counsel for the petitioner that, under similar circumstances, this court in WP No.13526/2018 disposed of on 27.03.2018 in a case between Ananya B. Reddy & The Karanataka Examinations Authority, issued a direction to the respondent-Authority to consider the request of the petitioner therein in accordance with law by taking note of the documents made available.
9. In the light of the above, we direct the respondent-KEA to afford an opportunity to the petitioner in the next round of counseling which is going to be scheduled shortly for selection and admission for UG-NEET 2019 under the category of ‘NRI’, even at the end of the list. If the petitioner is unable to get a seat in the next round of counselling, then she shall be permitted to take part in the subsequent rounds of counseling.
10. With the above observation, the petition is disposed of with a direction to the Respondents No.1 and 2, to consider the request/representation of the petitioner as expeditiously as possible, but not later than one week from today.
Sd/-
JUDGE Sd/- JUDGE KGR*