IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH 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.51189/2017 (EDN-MED-ADM) BETWEEN:
TAKSHITHA.T D/O THUKARAM RAO.L AGED ABOUT 22 YEARS PRESENTLY RESIDING AT NO.108 M.R.AMBEDKAR DENTAL COLLEGE GIRLS HOSTEL WHEELERS ROAD EXTENSION COX TOWN BENGALURU – 560 006 PERMANENT RESIDENT OF H NO.14/335, PALACE ROAD EXTENSION KUPPAM, CHITTOR DISTRICT ANDRA PRADESH – 517 425 ...PETITIONER (BY SRI K.SHASHI KIRAN SHETTY, SENIOR COUNSEL A/W SMT.LATHA S. SHETTY, ADVOCATE) AND:
1. UNION OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE NEW DELHI – 110 002 REPRESENTED BY ITS SECRETARY 2. DENTAL COUNCIL OF INDIA AIWAN-E-GALIB MARG KOTLA ROAD, TEMPLE LANE NEW DELHI – 110 002 REPRESENTED BY ITS SECRETARY 3. STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION M.S.BUILDING, AMBEDKAR VEEDHI BENGALURU – 560 001 REPRESENTED BY ITS SECRETARY 4. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR BENGALURU, KARNATAKA – 560 041 REPRESENTED BY ITS REGISTRAR …RESPONDENTS (BY SRI KRISHNA S. DIXIT, ADVOCATE FOR R1; SRI G.S.BHAT, ADVOCATE FOR R2;
SRI S.S.MAHENDRA, AGA FOR R3; SRI N.K.RAMESH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED 18.01.2017 (ANNEXURE-A) INSOFAR AS THE PETITIONER IS CONCERNED AS THE SAME IS HIGHLY ARBITRARY, ILLEGAL AND CONTRARY TO LAW.
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. Sri K.Shashi Kiran Shetty, learned Senior Counsel appearing for the petitioner submits that the writ petition may be disposed of by giving liberty to the petitioner to approach respondent No.4-Rajiv Gandhi University of Health Sciences for approval of her admission to BDS course for the academic year 2013-14 by submitting all the original documents in support of her claim that she was eligible for admission to the BDS course for the academic year 2013-14. It is stated that she is qualified in the NEET-UG 2013.
2. Liberty sought for is granted. Respondent No.4 shall consider the claim of the petitioner in accordance with law within one week from the date of submission of documents by the petitioner. However, this order will not come in the way of respondent No.4-Rajiv Gandhi University of Health Sciences to take appropriate action in the matter in accordance with law against the concerned college.
KSR Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE