- 1 - NC: 2025:KHC:2941-DB W.P. No.11222/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.11222/2023 (EDN-MED ADM) BETWEEN: 1. DR. T.D. THIMMAPPA AGED ABOUT 49 YEARS S/O E. TEEKAPPA R/AT. NO.A46, "SREE SAI NIDHI" VIVEKANANDA BADAVANE NEAR GOODLUCK CIRCLE GADIKOPPA, SHIVAMOGGA-577205. 2. KUM. SHARADHI .T.D. AGED ABOUT 20 YEARS D/O DR. T.D. THIMMAPPA R/AT NO.A46, "SREE SAI NIDHI" VIVEKANANDA BADAVANE NEAR GOODLUCK CIRCLE GADIKOPPA, SHIVAMOGGA-577205. …PETITIONERS (BY SRI. K.K. VASANTH, ADV.,) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE-560004 REPRESENTED BY ITS PRINCIPAL SECRETARY. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2941-DB W.P. No.11222/2023 2. THE EXECUTIVE DIRECTOR KARNATAKA EXAMINATION AUTHORITY 18TH CROSS ROAD, SAMPIGE ROAD MALLESHWARAM, BANGALORE-560012. 3. THE DIRECTORATE OF MEDICAL EDUCATION 1ST FLOOR, FORT K.R. ROAD BANGALORE-560002. 4. THE SECRETARY NATIONAL MEDICAL COUNCIL PHASE-1, DADA DEV MANDIR ROAD BLOCK P, SECTOR 8 DWARKA DWARKA, NEW DELHI DELHI-110077. 5. THE PRINCIPAL/DEAN SUBBAIAH INSTITUTE OF MEDICAL SCIENCES NG-13, PURLE, SHIVAMOGGA-577202. 6. THE PRINCIPAL JNANADEEP SENIOR SECONDARY SCHOOL JAVALLI, 515TH KM STONE, NG-13 SHIVAMOGGA, HOLEHONNUR ROAD B. BEERANAHALLI POST, JAVALLI SHIVAMOGGA-577227. 7. THE BLOCK EDUCATION OFFICER BH ROAD SHIVAMOGGA NEAR MEENAKSHI BHAVAN AND BEHIND GOVERNMENT HIGH SCHOOL SHIVAMOGGA-577201. …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1, R3 & R7 SRI. N.K. RAMESH, ADV., FOR R2 SRI. N. KHETTY, ADV., FOR R4 SRI. LEELESH KRISHNA, ADV., FOR R6 R5 SERVED) - 3 - NC: 2025:KHC:2941-DB W.P. No.11222/2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS, HEAR THE PARTIES AND PASS THE FOLLOWING ORDERS. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER TO QUASH THE LETTER OF CANCELLATION DATED 24.04.2023 IN NO. JDSJ/35/2023-24, CANCELLING THE STUDY CERTIFICATE ISSUED TO PETITIONER NO. 2 VIDE ANNEXURE-D AND FRESH STUDY CERTIFICATE ISSUED DATED 24.04.2023 IN NO. JDSS/36/2023-24 BY RESPONDENT NO. 6 VIDE ANNEXURE-E. TO QUASH THE NOTICE OF ENQUIRY DATED 11.05.2023 IN ED/KEA/ADALITHA/CR/101/2023 ISSUED BY RESPONDENT NO. 2 VIDE ANNEXURE-G & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 4 - NC: 2025:KHC:2941-DB W.P. No.11222/2023 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition is filed seeking the following reliefs: "i. Issue a writ in the nature of certiorari or any other appropriate writ or order to quash the letter of cancellation dated 24.04.2023 in No.JDSJ/35/2023- 24, cancelling the study certificate issued to petitioner No.2 vide Annexure-D and fresh study certificate issued dated 24.04.2023 in No.JDSS/36/2023-24 by respondent No.6 vide Annexure-E. ii. To quash the notice of enquiry dated 11.05.2023 in ED/KEA/ADALITHA/CR/101/2023 issued by respondent No.2 vide Annexure-G. iii. To declare that linguistic minority certificate dated 17.08.2022 in No.JDSS/522/2022-23 issued by respondent No.6 and counter signed by respondent No.7 vide Annexure-B and Letter of Confirmation dated 07.09.2022 in Ethare Drudikarana C.R.123/2022-23(E-395764) issued by Tashildar and Taluk Executive Magistrate Shivamogga Vide Annexure-C are valid. iv. To quash the orders dated 24.05.2023 passed by the Respondent No.2 herein viz., the Executive Director Karnataka Examinations Authority in - 5 - NC: 2025:KHC:2941-DB W.P. No.11222/2023 No.ED/KEA/Administration/CR/101/2023 vide Annexure-J." 2. It is submitted by the learned counsel for the petitioners that petitioner No.1 is an Associate Professor in Shivamogga Institute of Medical Science, Shivamogga and petitioner No.2 is his daughter, who is a student of MBBS in Subbaiah Institute of Medical Sciences - respondent No.5. It is submitted that petitioner No.1 hails from Bellary Taluk & District and belongs to Idiga community and his mother tongue is Telugu. It is submitted that petitioner No.1 studied from 1st to 6th Standard in the Government Model Higher Primary School at C.B.Bellary and that the study certificate issued specifically shows his mother tongue as Telugu. It is submitted that when the petitioner No.2 was admitted in school, her mother tongue was wrongly recorded as Kannada, though the mother tongue of petitioner No.2 is Telugu and she speaks Telugu fluently. It is submitted that thereafter, the error was rectified and certificate was issued to petitioner No.2 showing her mother tongue as - 6 - NC: 2025:KHC:2941-DB W.P. No.11222/2023 Telugu. On the basis of the said certificate, petitioner No.2 secured admission for first year MBBS course in the respondent No.5-College on 27.11.2022 and she is prosecuting her studies. It is submitted that while so, one Sri.H.K.Balagopala, who claims to be a social worker, had submitted a complaint before the respondent No.2 and by order dated 24.05.2023, an order cancelling the study certificate issued in favour of petitioner No.2 was issued as Annexure-R6. It is submitted that based on the same, the respondent No.5-College has intimated the petitioner No.2 that her admission would stand cancelled. 3. Petitioners had approached this Court and by interim order dated 02.06.2023, this Court had directed that the admission of petitioner No.2 to the MBBS Course shall not be cancelled and the said order is still in force. The petitioner No.2 has continued her studies in the respondent No.5-College on the basis of the interim order issued by this Court. It is submitted that while doing so, petitioners had filed an original suit as O.S.No.412/2023 - 7 - NC: 2025:KHC:2941-DB W.P. No.11222/2023 before the Court of the II Additional Civil Judge & JMFC., Shivamogga (for short, 'the civil Court'), and the said suit for declaration came to be decreed on 25.04.2024 declaring that the mother tongue of plaintiffs No.1 & 2, who are the petitioners No.1 & 2 herein, is "Telugu language". It is submitted that this decree was produced before the Karnataka Examination Authority - respondent No.2, who, however has issued an endorsement stating that the present writ petition being pending, the KEA cannot consider the said decree or pass orders. 4. Learned counsel appearing for the petitioners submitted that since there is now a valid decree of the civil Court, which is declaratory in nature, and since there is no further objection with regard to the mother tongue of petitioner No.2 being "Telugu", the respondent No.2-KEA is bound to accept the decree and to permit the petitioner No.2 to continue her studies in respondent No.5-College. 5. Learned counsel for appearing the respondent- KEA submits that the declaratory relief granted by the civil - 8 - NC: 2025:KHC:2941-DB W.P. No.11222/2023 Court can be taken into account and that appropriate steps can be taken by the KEA. 6. The respondent No.1-State as well as respondent No.3 also do not have any objection to the said course of action. 7. The respondent No.4-NMC would also submit that in view of the declaratory relief, the admission of petitioner No.2, which is conducted after due process of counseling, does not require any interference at this stage. 8. Having considered the contentions advanced and in view of the submissions made by the learned counsel for the petitioners, we are the opinion that the unilateral cancellation of the certificate issued to petitioner No.2 by Annexure-R6 is not a proper exercise. In view of the declaratory relief granted by the civil Court, we are of the opinion that the petitioner No.2 is entitled to continue her studies on the basis of the admission granted to her on proper certificate, which had been issued by the - 9 - NC: 2025:KHC:2941-DB W.P. No.11222/2023 competent authority showing her mother tongue as "Telugu". The writ petition is, therefore, allowed. Annexure-J and R6 are set aside. It is directed that in the light of declaratory relief granted by the civil Court, petitioner No.2 will be permitted to continue her studies on the basis of the certificate which had been issued to her showing her mother tongue as "Telugu". Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 24