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2025 DAILYLAW 16037 (KAR)

SMRITHI MEGHATI v. THE UNION OF INDIA

WP/3671/2024 · 2025-03-06

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:9624 WP No. 3671 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.3671 OF 2024 (EDN-RES) BETWEEN: SMRITHI MEGHATI D/O SRI. MEGHATI SATEESH KUMAR, AGED ABOUT 17 YEARS (MINOR) R/AT NO 244, 2ND FLOOR, 1ST CROSS, 7TH MAIN, MOOGI RESIDENCY, OPPOSITE HOTEL HIGH SKY BEML LAYOUT, THUBARAHALLI, WHITEFIELD, BENGALURU SOUTH, BENGALURU - 560 066. REP BY HER FATHER AND NATURAL GUARDIAN SRI. MEGHATI SATEESH KUMAR. …PETITIONER (BY SRI. D VIJAYAKUMAR.,ADVOCATE) AND: 1. THE UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI - 110 001. 2. KARNATAKA EXAMINATIONS AUTHORITY REP BY ITS EXECUTIVE DIRECTOR, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU - 560 012. 3. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGH EDUCATION DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:9624 WP No. 3671 of 2024 …RESPONDENTS (BY SRI. B PRAMOD, CGC FOR R-1 SMT. NAVYA SHEKAR, AGA FOR R-2 SRI. N.K. RAMESH, ADVOCATE FOR R-2) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION ISSUED THE R1 UNION OF INDIA, MINISTRY OF HOME AFFAIRS AT ANNEXURE-A, IN SO 1050(E) DATED 4TH MARCH 2021 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ a) Issue a Writ of Certiorari or any other appropriate Writ, Order or Direction quashing the impugned Notification issued the 1st Respondent Union of India, Ministry of Home Affairs at Annexure-A in No.S.O.1050(E) dated: 4th March 2021; and so for as petitioner concerned. b) Issue a Writ of Certiorari or any other appropriate Writ, Order or Direction quashing the impugned Notification issued by the 2nd Respondent KEA at Annexure- B in No.ED/KEA/ADMN/CR-09/2023-24, dated: 09.01.2024; and so for as petitioner concerned. c) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondent No.2 3 to permit the petitioner to file Online Application to register with KEA for K-CET -2024 as per the Notification bearing No.ED/KEA/ADMN/CR-09/2023-24, dated: 09.01.2024 issued by the 2nd Respondent KEA at - 3 - NC: 2025:KHC:9624 WP No. 3671 of 2024 Annexure-B and permit the petitioner to participate in the counseling of K-CET-2024 for selection of Engineering seats and allotment of Government seats in BE, B-Tech, B- Arch Engineering Courses for the academic year 2024-25 for admission to the Under Graduate Engineering Courses in Karnataka and allow them to choose the said seats, on the basis of their merit and ranking in K-CET-2024; and d) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, Directing the Respondents No.2 & 3 to permit the petitioner to participate in the online counseling process, seat selection and allotment of Engineering seats for the academic years 2-24- 25 for admission to the Under Graduate Engineering Courses and allow them to choose the seats for BE, B- Tech, B-Arch and other professional curses in Government and private Aided and Unaided Engineering colleges and other Professional Colleges, on the basis of their merit and ranking in K-CET-2024; AND e) Costs of this petition and such other and further reliefs as this Hon’ble Court may deem fit to grant, having regard to the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner as well as learned counsel for the respondents and perused the material on record. - 4 - NC: 2025:KHC:9624 WP No. 3671 of 2024 3. When the matter came up before this Court on 07.02.2024, the following interim order was passed:- “Sri Aditya Singh, Central Government Standing Counsel is directed to accept notice for respondent no.1. Sri N.K. Ramesh, learned counsel is directed to accept notice for respondent no.2. Learned AGA accepts notice for respondent no.3. Learned counsel for petitioner submitted that present writ petition is similar to W.P.no.1529/2024, wherein this Court had granted interim order dated 22.01.2024. Hence, petitioner seeking same relief. In this writ petition, petitioner seeking for quashing of impugned Notification issued by respondent no.1 - Union of India at Annexure-A in No.S.O.1050(E) dated 04.03.2021 also Notification issued by respondent no.2 - Karnataka Examinations Authority at Annexure-B in No.ED/KEA/ADMN/CR-09/2023-24 dated 09.01.2024 sofar petitioner is concerned and etc. In view of same, petitioner (OCI) candidate is permitted to file application for KEA Common Entrance Exam-2024 and appear for CET Exams on par with Indian Citizens for both Government and Private seats subject to final outcome of writ petition. List this petition on 15.02.2024. Hand Delivery is permitted.” - 5 - NC: 2025:KHC:9624 WP No. 3671 of 2024 4. As can be seen from the aforesaid interim order, this Court placed reliance upon the identical interim order dated 22.01.2024 passed in W.P.No.1529/2024 and connected matters. Subsequently, during the pendency of the present petition, this Court in the aforesaid W.P.No.1529/2024 and connected matters - Kum.Druthi Bollineni & others vs. Union of India and others Dated 02.09.2024, upheld the claim of the respondents - students and disposed of the writ petition. 5. In view of the aforesaid facts and circumstances and in the light of the judgment of this Court in the aforesaid petition, the present petition also disposed of in terms of the aforesaid judgment passed in W.P.No.1529/2024 & connected cases dated 20.09.2024. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 1 Sl No.: 73