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.33287/2019 (EDN-MED-ADM) BETWEEN:
SAGAR NOGANIHAL AGED ABOUT 18 YEARS RESIDING AT YALPARATTI RAIBAG TALUK BELGAUM-591 311 …PETITIONER (BY SRI AJIT P.B., ADVOCATE) AND :
1. THE KARNATAKA EXAMINATION AUTHORITY, SAMPIGE ROAD 18TH CROSS MALLESHWARAM BENGALURU 560 012 REP. BY ITS ADMINISTRATIVE OFFICER 2. THE DIRECTORATE OF MEDICAL EDUCATION, ANAND RAO CIRCLE BENGALURU 560 009 REPRESENTED BY ITS SECRETARY 3. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MEDICAL EDUCATION K.R. CIRCLE, BENGALURU 560 001 4. KARNATAKA INSTITUTE OF MEDICAL SCIENCES PB ROAD, VIDYANAGAR HUBLI 580 022 REPRESENTED BY ITS PRINCIPAL 5. THE DIRECTOR MINTO OPTHALMIC HOSPITAL REGIONAL INSTITUTE OF OPTHALMOLOGY A.V. ROAD, CHAMARAJAPET BENGALURU 560 002 ...RESPONDENTS (BY SRI N.K. RAMESH ADV. FOR R-1 SRI LAKSHMINARAYANA AGA FOR R-2 R-3 AND R-5 R-4 DELETED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO CONFIRM THE PETITIONER’S ADMISSION TO THE MBBS-GOVT SEAT IN R-4 INSTITUTION AND ECT., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, NARAYANA SWAMY J, MADE THE FOLLOWING:
ORDER The petitioner submits that he got admission to Medical seat on the basis of disability certificate issued by the Minto Hospital–respondent No.5 where the disability has been shown to the extent of 60% as per Annexure-E. He was got admitted to the Medical/Dental course confirming the allotment of his seat and further directing him to take admission with the Fourth respondent institution. Petitioner had paid the entire course fee for the first year MBBS course. Thereafter, the petitioner has received an SMS from the first and second respondents stating that there has been a disparity in his disability certificate and petitioner was directed to appear before the fifth respondent. Though the disability shown is same but conclusion portion mentioned that he is not eligible for Medical/Dental Course as per MCI guidelines as per Annexure-K dated 30.07.2019 and subsequently petitioner’s admission was cancelled and it was allotted to some other candidate.
2. Petitioner again appeared before another private medical hospital and upon examination he was issued medical report that his vision is 6/6 in his right eye and recommended that he could undergo Oucloplasty in order to better his condition. One eye is perfect and the extent of specified disability in a person include under the rights of Persons with Disabilities Act, 2016 and accordingly, learned counsel for the petitioner submits that he is entitled to the Medical seat as per the Medical Council of India’s Guidelines and sought admission in the general merit category.
3. Under these circumstances, prayer of the petitioner is to direct the fifth respondent to consider the certificate issued by the Private Hospital as per Annexure-N and confirm the admission to the MBBS- Govt. Seat in the fourth respondent institution.
4. Learned counsel for the respondent submits that for the next academic year if it is the case he will considered under general merit category, for which he has to satisfy Medical Council of India guidelines.
5. Heard the learned counsel for both the parties and perused the writ papers.
6. Petitioner to seek eligibility in the next academic year 2019-2020 before the authority and the authority to consider the case of the petitioner without insisting him to produce any Medical examination certificate and it is made clear eligibility is as per the guidelines of Medical Council of India.
7. In case, if he requires admission on medical disability ground, liberty is also reserved to the petitioner to obtain such certificate from the competent authority.
With the above observations, petition is disposed of.
SD/- JUDGE SD/- JUDGE HR