IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2019 :PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R.DEVDAS WRIT PETITION NO.40905 OF 2019(EDN-MED-ADM) BETWEEN SRI. HARDIK TANWAR S/O KRISHAN KUMAR AGED 19 YEARS RESIDENT OF SAINI AMARSAR, JAIPUR RAJASTHAN STATE PIN-303 601 (BY SRI VIVEK S REDDY, SENIOR COUNSEL FOR SRI SUBBA REDDY K N , ADVOCATE) ... PETITIONER AND 1. KARNATAKA EXAMINATIONS AUTHORITY 18TH CROSS, SAMPIGE ROAD MALLESHWARA BENGALURU-560 003 REPRESENTED BY ITS EXECUTIVE DIRECTOR 2. THE DIRECTOR OF MEDICAL EDUCATION ANANDA RAO CIRCLE BENGALURU-560 001 3. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, MEDICAL EDUCATION ANANDA RAO CIRCLE, LAKSHMANPURI GANDHI NAGAR, BENGALURU KARNATAKA-560008 REPRESENTED BY ITS SECRETARY 4. MEDICAL COUNCIL OF INDIA POCKET -14, SECTOR -8 DWARKA PHASE-1, NEW DELHI-110077 INDIA REPRESENTED BY ITS CHAIRMAN 5. A J INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE NH-66, KUNTIKANA MANGALORE-575 004 REPRESENTED BY ITS PRINCIPAL (BY SRI N K RAMESH, ADVOCATE FOR R1 SRI N KHETTY, ADVOCATE FOR R4 ... RESPONDENTS SRI LAKSHMINARAYANA, AGA FOR R2 & R3 SRI SHASHI KIRAN SHETTY, SENIOR COUNSEL FOR SMT FARAH FATIMA, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO FORTHWITH CANCEL THE ADMISSION OF THE PETITIOENR MADE ON 30.7.2019 AND CONSIDER THE CANCELLATION APPLICATION FORM VIDE ANNEXURE-E EXPEDITIOUSLY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, NARAYANA SWAMY J, MADE THE FOLLOWING:
ORDER The Petitioner had appeared before the Karnataka Examination Authority(Respondent No.1) for securing a seat. After the rounds of counseling conducted by Respondent No.1, he admitted to medical i.e., MBBS course in AJ Institute of Medical Sciences, Mangaluru on 30.7.2019.
2. It is submitted by the learned senior counsel for the petitioner that he has deposited original documents with the authority. The petitioner has also paid a sum of Rs.7,19,015/- as fee towards the said admission to respondent No.1. In the meanwhile, the petitioner being a native of Jaipur, also appeared for counseling under NEET and he was allotted a seat in Government Medical College, Barmer, Jaipur. It is submitted that the petitioner finding it difficult to continue his education at Mangalore, requested the respondents to return the original documents and also for refund of fees paid by him. In the circumstances, the learned counsel for the petitioner seeks a direction to the respondents to refund the fee and also to return the original documents submitted by him.
3. Sri Shashikiran Shetty, learned Sr. Counsel appearing for College – Respondent No.5 submitted that in the case if the petitioner is permitted to leave the college, the respondent No.5 may be permitted to select other eligible candidate similar to the petitioner as per the Consensus Agreement between Government and Respondent No.5- College.
4. The Director of Medical Education while addressing a letter to the Karnataka Examination Authority, on 9.8.2019 regarding cancellation procedure after Mop-up round, NEET UG 2019 clarified that the candidates after cancellation have to visit KEA with cancellation order to collect original documents. In that view of the matter, it is clear that KEA has to return the original documents submitted by the petitioner. In view of the above, keeping the interest of student and equity, we direct the Karnataka Examination Authority to return the original documents submitted by the petitioner so as to enable him to join the college at Government Medical College, Barmer, Jaipur. It is also directed to refund the fee as per the cancellation procedure. The petitioner is permitted to make representation to Respondent No.2 (DME) for consideration of cancellation of seat as per cancellation policy and also to return the documents. If the petitioner makes such a request, the same has to be considered by respondents forthwith since he has to join the college at Barmer, Jaipur since the counseling is closing tomorrow ie., 31.8.2019. Hence in the interest of prospects of student, we direct respondent No.5 to admit in NEET the eligible candidate in place of the petitioner. The Government Advocate is also directed to instruct the Director of Medical Education for immediate action and inform the same to KEA also for immediate action. With these observations, the petition is disposed of.
Sd/- JUDGE Sd/- JUDGE nm