IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R DEVDAS WRIT PETITION No.25036/2019 (EDN-MED-ADM) BETWEEN:
KUM. VISHRUTHA D/O VENKATASWAMY CHOWDARY AGED ABOUT 19 YEARS 26TH CROSS, 16TH MAIN PADMANABHANAGAR BENGALURU- 560 070 …PETITIONER (BY SRI RAMACHANDRA R. NAIK, ADVOCATE) AND :
1. THE KARNATAKA EXAMINATION AUTHORITY, COMMON ENTRANCE TEST SAMPIGE ROAD 18TH CROSS MALLESHWARAM BENGALURU 560 012 REP. BY ITS ADMINISTRATIVE OFFICER 2. THE COMMISSIONER, DEPARTMENT OF YOUTH SERVICES & SPORTS, GOVERNMENT OF KARNATAKA YAVANIKA, YUVAKENDRA NRUPATHUNGA ROAD BENGALURU 560 001 3. THE PRESIDENT ALL INDIA KARATE-DO-FEDERATION B-5 RADHA VIHAR NEW SANGANER ROAD JAIPUR 302 019 RAJASTHAN STATE ...RESPONDENTS (BY SRI N.K. RAMESH ADV. FOR R-1 SRI LAKSHMINARAYANA AGA FOR R-2 R-3 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO CONSIDER THE REQUEST OF THE PETITIONER AND ALLOT MEDICAL SEAT AS FIXED BY THE NORMS IN BULLETIN RELEASED BY THE RESPONDENTS AS PER ANNEXURE-G THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, DEVDAS J, MADE THE FOLLOWING:
ORDER The petitioner claims to have participated in All India Karate-Do-Federation in the age group of 16-18 years and in that group, the petitioner secured the Black Belt Rank in Karate Sports and she is a gold medalist in 60-64 Kg category in the year 2018.
2. The claim of the petitioner is that she had participated in the Common Entrance Test (for short “CET”) conducted by the Karnataka Examination Authority for the year 2018 and admission ticket was issued to the petitioner and she also appeared for National Eligibility Cum Entrance Test (for short “NEET”) examination conducted by the Central Board of Secondary Education, Delhi, for the year 2017-2018. The grievance of the petitioner is that she has not been considered under the sports quota.
3. Learned counsel for the respondent- Karnataka Education Authority and learned Additional Government Advocate would submit that it is an admitted fact that the petitioner has not taken up NEET examination for the year 2018-19 and therefore writ petition and prayer made in the writ petition cannot be considered for the year 2018-2019. Therefore, the contention of the learned counsel for the respondents is that in view of the settled position of law that if any candidate has not appeared in the NEET examination he/she cannot be considered for admission in the CET.
4. Though a faint submission is made by the learned counsel for the petitioner that she had appeared for NEET examination for the year 2017-18, however, from the writ papers it is evident that the petitioner has not appeared for NEET examination which was conducted in the month of April-May 2019.
5. The learned counsel for the petitioner draws the attention of this Court to a decision of Co-ordinate Bench, in the case of B.V. Veena vs. Director, NCC Directorate, Writ Appeal No.2525/1987 dated 12.07.1988, submits that this Court had permitted the petitioner therein to be considered for a seat in the next academic year. To this, learned standing counsel Sri N.K. Ramesh appearing for the respondent - Karnataka Examination Authority submits that decision in B.V. Veena’s case (Supra) or any other matter which is a pre-NEET situation will not be applicable to the facts and circumstances of the present case and in view of the settled position that if a candidate has not participated in the NEET examination, he/she cannot be considered for allotment of seat.
6. In that view of the matter we hold that if the petitioner were to take up NEET examination in the next academic year, the petitioner may also be considered under sports quota along with other eligible candidates since the petitioner had approached this Court by filing this writ petition claiming a sports quota.
With this observation, petition stands disposed of.
SD/- JUDGE SD/- JUDGE HR