IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR. H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.49562/2017 (EDN-MED-ADM) BETWEEN:
SHREE AGARWAL AGED ABOUT 19 YEARS D/O RAJESH AGARWAL R/O IC-28, JSW VIDYA NAGAR TORANGALLU, SANDUR TALUK BALLARI DISTRICT-563 185 ...PETITIONER (BY SRI AJOY KUMAR PATIL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HEALTH & FAMILY WELFARE SERVICES (MEDICAL EDUCATION) VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 2. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU-560 041 REPRESENTED BY ITS REGISTRAR 3. NAVODAYA DENTAL COLLEGE NAVODAYA NAGAR RAICHUR-584 103 REPRESENTED BY ITS PRINCIPAL …RESPONDENTS (BY SRI S.S.MAHENDRA, AGA FOR R1; SRI N.K.RAMESH, ADVOCATE FOR R2;
NOTICE TO R3 IS DISPENSED WITH VIDE COURT ORDER DATED 27.11.2017) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ADMISSION APPROVAL LIST ISSUED BY SECOND RESPONDENT UNIVERSITY DATED 01.03.2017 IN REF: AC2-ADM/BDS/2016- 17/D044 AT ANNEXURE-E INSOFAR AS THE PETITIONER IS CONCERNED ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. The petitioner has been admitted to BDS Course in respondent No.3-College for the academic year 2016-17. The controversy in this writ petition is as to whether the petitioner was eligible to be admitted to BDS course for the academic year 2016-17.
2. Respondent No.2-University has not approved the admission of the petitioner on the ground that the petitioner was not NEET [National Eligibility Cum Entrance Test] qualified.
3. It is not in dispute that the petitioner has secured 47.056370 percentile score in the NEET. The petitioner claims that she belongs to ‘other backward classes’, and hence, was qualified in NEET. She has produced a caste certificate dated 26.11.2016 (Annexure-D) in this behalf.
However, this certificate is issued subsequent to the date of admission.
4. In view of the above, we deem it appropriate to make the following order:
Petitioner shall approach respondent No.2-University with all the relevant original documents in support of her claim that she was NEET qualified. Respondent No.2- University shall examine the documents produced by the petitioner and shall take a decision with regard to her eligibility for admission to BDS course within one week from the date of submission of documents by the petitioner.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE KSR