IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 40113 OF 2016 (EDN-AD) BETWEEN:
KUMARI LAHARI S AGED ABOUT 19 YEARS D/O SUBBARAMAIAH P R/O NO.54 2ND MAIN, 3RD CROSS DENA BANK COLONY, GANGANAGAR RT NAGAR, BANGALORE – 560 032 ... PETITIONER (BY SRI. C JAGADISH, ADVOCATE) AND:
1. THE CONVENOR COMMON LAW ADMISSION TEST CLAT-2016 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW PATIALA, PUNJAB STATE -147 006 2. THE NATIONAL LAW SCHOOL OF INDIA UNIVERSITY (NLSIU) REPRESENTED BY ITS REGISTRAR NAGARABHAVI, BANGALORE – 560 242 KARNATAKA.
... RESPONDENTS (BY SRI. R SUBRAMANYA, ADVOCATE FOR R1; M/S HOLLA & HOLLA FOR R2;
VIDE ORDER DATED 11.08.2016, R3 & 4 ARE DELETED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE 2ND INDICATIVE SEAT ALLOTMENT LIST OF CANDIDATES ALLOTTED TO R2 UNIVERSITY PUBLISHED BY THE RESPONDENT -1 PRODUCED AT ANNEXURE-E INSOFAR AS THE CANDIDATES BELONGING TO THE SCHEDULED CASTE FROM OUTSIDE THE STATE AND ETC., THIS PETITION COMING ON FOR PRELIMINMARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The short grievance of the petitioner, a member belonging to Scheduled Caste is against the denial of admission to her for the Law Course in the respondent- premier Institution of Law, for the academic year 2016-17 under the quota reserved by the State for the said caste.
2. After service of notice the respondent institution having entered appearance through its counsel, admitted the petitioner to the course in question in terms of the ad interim order dated 05.11.2016 and that the course is now half way through, the remainder thereof being about two years or so.
3. The learned panel counsel for 2nd respondent- Law School submits that the question of law arising in this writ petition is being debated before the Division Bench of this Court in its W.A.No.3545/2009; the said writ appeal would take some time to come up for final hearing. Keeping in view the fact that (a) the petitioner, a meritorious girl student belongs to scheduled caste, (b) the pending writ appeal would treacherously act like a Democles Sword hanging on her head indefinitely would affect her academic performance, and (c) justice of the case needs an assurance to the petitioner that the degree which hopefully she is going to secure would not be put to jeopardy, this Court had suggested, and the learned panel counsel for the respondent-institution graciously agreed to give quietus to the lis by permitting the petitioner to complete her Law Course regardless of the result of the pending writ appeal. The fair stand of the respondent-institution is appreciably placed on record.
4. In the above special circumstances and also the concession shown by the respondent-institution, this writ petition stands disposed off. By very nature, of the case and the kind of its disposal in the special circumstances, the same shall not have precedential value.
Sd/- JUDGE Snb/