IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.24003/2017 (EDN – CET) BETWEEN:
VIBHA NAGENDRA HEGDE D/O NAGENDRA HEGDE, AGED 17 YEARS SAICHANDRA ENCLAVE, FLAT 104, NO.8-7-178/119, MILITARY DAIRY FARM ROAD, OLD BOWENPALLY, SECUNDERABAD-500 011 TELANGANA REP BY HER FATHER AND NATURAL GUARDIAN NAGENDRA HEGDE ... PETITIONER [BY SRI AJOY KUMAR PATIL, ADV.] AND:
1 . KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESWARAM BENGALURU-560012 REP BY ITS EXECUTIVE DIRECTOR 2 . THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT (MEDICAL EDUCATION) M.S. BUILDINGS, Dr. B.R.AMBEDKAR VEEDHI BENGALURU-560001 3 . THE UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF OVERSEAS INDIAN AFFAIRS NORTH BLOCK, NEW DELHI-110001 4 . THE UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS SOUTH BLOCK NEW DELHI-110001 …RESPONDENTS [BY SRI E.S.INDIRESH, AGA FOR R-1; SRI N.K.RAMESH, ADV. FOR R-2;
SRI C.SHASHIKANTH, ASG FOR R-3 & R-4; SMT.SINCHANA, CGSC FOR R-3 & R-4.] THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT RULE 5 OF THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL INSTITUTIONS RULES, 2006 IN SO FAR AS IT STIPULATES THAT “NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT SEATS UNLESS HE IS A CITIZEN OF INDIA” IS ILLEGAL, DISCRIMINATORY, ARBITRARY AND VIOLATIVE OF ARTICLES 14 & 15 OF THE CONSTITUTION OF INDIAN CITIZENSHIP ACT, 1955 AND THE INDIAN MEDICAL COUNCIL ACT, 1956 AND SET ASIDE THE SAME AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for respondent No.2 submits that the writ petition does not survive for consideration.
The said submission is placed on record.
Accordingly, the writ petition stands dismissed as having rendered infructuous.
Sd/- JUDGE PMR