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2025 DAILYLAW 29520 (KAR)

RIDA RIZWAN KUMTE v. THE UNION OF INDIA

WP/19424/2021 · 2025-04-15

Anu Sivaraman, Rajesh Rai K

body2025

Judgment text

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- 1 - NC: 2025:KHC:15601-DB WP No. 19424 of 2021 C/W WP No. 18637 of 2021 WP No. 19524 of 2021 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS JUSTICE ANU SIVARAMAN AND THE HON'BLE MR JUSTICE RAJESH RAI K WRIT PETITION NO. 19424 OF 2021 (EDN-MED ADM) C/W WRIT PETITION NO. 18637 OF 2021 (EDN-RES) WRIT PETITION NO. 19524 OF 2021 (EDN-MED ADM) WRIT PETITION NO. 23592 OF 2021 (EDN-MED ADM) IN WP No. 19424/2021 BETWEEN: RIDA RIZWAN KUMTE AGED 18 YEARS D/O RIZWAN YUSUF KUMTE 204, ELEGANT DAVIS APARTMENT 11, DAVIS ROAD, RICHARDS TOWN NEAR DAVIS ROAD, SIGNAL, ST. THOMAS TOWN BENGALURU-560 084. …PETITIONER (BY SRI. AJOY KUMAR PATIL, ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI-110 001. Digitally signed by HARIKRISHNA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15601-DB WP No. 19424 of 2021 C/W WP No. 18637 of 2021 WP No. 19524 of 2021 AND 1 OTHER 2. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA DEPARTMENT OF HEALTH & FAMILY WELFARE, NORTH BLOCK, NEW DELHI-110 001. 3. THE DIRECTORATE GENERAL OF HEALTH SERVICES NIRMAN BHAVAN, NEW DELHI-110 108 REPRESENTED BY ITS DIRECTOR GENERAL 4. NATIONAL TESTING AGENCY (NTA) BLOCK-C, IITK OUTREACH CENTRE 20 1A/8, SECTOR 62, NOIDA, UTTAR PRADESH-201 309 REPRESENTED BY ITS DIRECTOR(ADMIN) 5. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE SERVICES (MEDICAL EDUCATION), VIKASA SOUDHA BENGALURU 560 001. 6. THE DIRECTOR OF MEDICAL EDUCATION GOVERNMENT OF KARNATAKA, ANANDA RAO CIRCLE, BENGALURU-560 009. 7. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESWARAM BENGALURU-560 012 REPRESENTED BY ITS EXECUTIVE DIRECTOR 8. THE NATIONAL MEDICAL COMMISSION OF INDIA POCKET 14, SECTOR 8, DWARAKA NEW DELHI-110 077 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. SHIVAKUMAR, CGC FOR R1 TO R4, SRI. M.N. SUDEV HEGDE, AGA FOR R5 & R6, SRI. N.K. RAMESH, ADVOCATE FOR R7, SRI. N. KHETTY, ADVOCATE FOR R8) - 3 - NC: 2025:KHC:15601-DB WP No. 19424 of 2021 C/W WP No. 18637 of 2021 WP No. 19524 of 2021 AND 1 OTHER THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASHING THE IMPUGNED NOTIFICATION ISSUED THE 1ST RESPONDENT UNION OF INDIA, MINISTRY OF HOME AFFAIRS AND ANNEXURE-A IN NO.S.O.1050(E) DATED 4TH MARCH 2021 AND ETC. IN WP NO. 18637/2021 BETWEEN: SHREYAS UDAYA AGED 18 YEARS, S/O UDAYA SHREESHA, 34, 4TH CROSS, 2ND MAIN, KIRLOSKAR COLONY (KEC) FIRST STAGE, BASAWESHWARANAGAR, BENGALURU-560 079. ...PETITIONER (BY SRI. AJOY KUMAR PATIL, ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-110 001. 2. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, DEPARTMENT OF HEALTH & FAMILY WELFARE, NORTH BLOCK, NEW DELHI-110 001. 3. THE DIRECTORATE GENERAL OF HEALTH SERVICES NIRMAN BHAVAN, NEW DELHI-110 108, REPRESENTED BY ITS DIRECTOR GENERAL - 4 - NC: 2025:KHC:15601-DB WP No. 19424 of 2021 C/W WP No. 18637 of 2021 WP No. 19524 of 2021 AND 1 OTHER 4. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECREATARY TO GOVERNMENT, HEALTH & FAMILY WELFARE SERVICES, (MEDICAL EDUCATION), VIKASA SOUDHA, BENGALURU-560 001. 5. THE DIRECTOR OF MEDICAL EDUCATION GOVERNMENT OF KARNATAKA, ANANDA RAO CIRCLE, BENGALURU- 560 009. 6. KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESWARAM, BENGALURU-560 012. REPRESENTED BY ITS EXECUTIVE DIRECTOR. 7. THE NATIONAL MEDICAL COMMISSION OF INDIA POCKET-14, SECTOR 8, DWARAKA, NEW DELHI-110 077. REPRESENTED BY ITS SECRETARY. ...RESPONDENTS (BY SRI. JAYAKARA SHETTY H, CGC FOR R1 TO R3, SRI. M.N. SUDEV HEGDE, AGA FOR R4 & R5, R6 & R7 SERVED & UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-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 ETC. IN WP NO. 19524/2021 BETWEEN: RAHUL KAMATH AGED 18 YEARS S/O DAYANANDA KAMATH - 5 - NC: 2025:KHC:15601-DB WP No. 19424 of 2021 C/W WP No. 18637 of 2021 WP No. 19524 of 2021 AND 1 OTHER 311/3, 2ND MAIN, 23RD CROSS VI BLOCK, JAYANAGAR BENGALURU-560 070. ...PETITIONER (BY SRI. AJOY KUMAR PATIL, ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI-110 001. 2. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA DEPARTMENT OF HEALTH & FAMILY WELFARE NORTH BLOCK, NEW DELHI-110 001. 3. THE DIRECTORATE GENERAL OF HEALTH SERVICES NIRMAN BHAVAN, NEW DELHI-110 108 REPRESENTED BY ITS DIRECTOR GENERAL 4. NATIONAL TESTING AGENCY (NTA) BLOCK-C, IITK OUTREACH CENTRE 20 1A/8, SECTOR 62, NOIDA, UTTAR PRADESH-201 309 RERPESENTED BY ITS DIRECTOR(ADMIN) 5. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE SERVICES (MEDICAL EDUCATION), VIKASA SOUDHA BENGALURU-560 001. 6. THE DIRECTOR OF MEDICAL EDUCATION GOVERNMENT OF KARNATAKA ANANDA RAO CIRCLE BENGALURU-560 009. - 6 - NC: 2025:KHC:15601-DB WP No. 19424 of 2021 C/W WP No. 18637 of 2021 WP No. 19524 of 2021 AND 1 OTHER 7. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESWARAM, BENGALURU-560 012. REPRESENTED BY ITS EXECUTIVE DIRECTOR 8. THE NATIONAL MEDICAL COMMISSION OF INDIA POCKET 14, SECTOR 8, DWARAKA NEW DELHI-110 077 REPRESENTED BY ITS SECRETARY ...RESPONDENTS (BY SRI. SHIVAKUMAR, CGC FOR R1 TO R4, SRI. M.N. SUDEV HEGDE, AGA FOR R5 & R6, SRI. N.K. RAMESH, ADVOCATE FOR R7, SRI. N. KHETTY, ADVOCATE FOR R8) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 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 ETC. IN WP NO. 23592/2021 BETWEEN: 1. ANANYA MANJUNATH PANDIT D/O MANJUNATH SEETHARAM PANDIT AGED ABOUT 18 YEARS R/AT NO.A3-1108, GOKULAM APARTMENT 8TH MAIN, KANAKAPURA ROAD DODDAKALLASANDRA BENGALURU-560 062. 2. ANADA ANAND KURATTI D/O ANAND KURATTI AGED ABOUT 18 YEARS R/AT FLAT NO.101 TREASURE BLOCK-7 SUN CITY APARTMENT SURJAPURA-ORR LBLUR - 7 - NC: 2025:KHC:15601-DB WP No. 19424 of 2021 C/W WP No. 18637 of 2021 WP No. 19524 of 2021 AND 1 OTHER VTC BENGALURU SOUTH BENGALURU-560 102. ...PETITIONERS (BY SRI. VIJAYA KUMAR D, ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK NEW DLEHI-110 001. 2. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA DEPARTMENT OF HEALTH AND FAMILY WELFARE NORTH BLOCK NEW DELHI-110 001. 3. THE DIRECTORATE GENERAL OF HEALTH SERVICES NIRMAN BHAVAN NEW DELHI-110 108 REPRESENTED BY ITS DIRECTOR GENERAL. 4. NATIONAL TESTING AGENCY (NTA) BLOCK-C, IITK OUTREACH CENTRE 20 1A/8, SECTOR 62 NOIDA UTTAR PRADESH -201 309 REPRESENTED BY ITS DIRECTOR (ADMIN) 5. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE SERVICES (MEDICAL EDUCATION) - 8 - NC: 2025:KHC:15601-DB WP No. 19424 of 2021 C/W WP No. 18637 of 2021 WP No. 19524 of 2021 AND 1 OTHER VIKASA SOUDHA, BENGALURU-560 001. 6. THE DIRECTOR OF MEDICAL EDUCATION GOVERNMENT OF KARNATAKA ANANDA RAO CIRCLE BENGALURU-560 009. 7. KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU-560 012 REPRESENTED BY ITS EXECUTIVE DIRECTOR 8. THE NATIONAL MEDICAL COMMISSION OF INDIA POCKET 14, SECTOR 8, DWARAKA NEW DELHI-110 077 REPRESENTED BY ITS SECRETARY ...RESPONDENTS (BY SRI. SHIVAKUMAR, CGC FOR R1 TO R4, SRI. N. KHETTY, ADVOCATE FOR R8, SRI. M.N. SUDEV HEGDE, ADVOCATE FOR R5, SMT. SUMANA BALIGA, ADVOCATE FOR R6, SMT. N.K. RAMESH, ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 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 -J IN NO. S.O. 1050 (E) DATED 04TH MARCH 2021 AND ETC. - 9 - NC: 2025:KHC:15601-DB WP No. 19424 of 2021 C/W WP No. 18637 of 2021 WP No. 19524 of 2021 AND 1 OTHER THESE PETITIONS, 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 RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE ANU SIVARAMAN) It is submitted by the learned counsel appearing for the petitioner in these matters that there were interim orders passed at the stage of admission of these writ petitions and the petitioner in all the petitions have participated in the admission procedure on the basis of the interim orders so passed. 2. It is further submitted that the issue in question is covered by the judgment of the Hon'ble Apex Court in the case of Anushka Rengunthwar V. Union of India reported in (2023) 11 SCC 209. 3. In view of the above submissions, these writ petitions are disposed of, noticing the interim orders and making the same absolute. - 10 - NC: 2025:KHC:15601-DB WP No. 19424 of 2021 C/W WP No. 18637 of 2021 WP No. 19524 of 2021 AND 1 OTHER 4. The admissions, if any, granted to the petitioner on the basis of the interim orders shall not be disturbed. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE KTY List No.: 1 Sl No.: 11