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2025 DAILYLAW 32028 (KAR)

HITASHREE Y.L. v. KARNATAKA EXAMINATIONS AUTHORITY

WP/20894/2023 · 2025-01-17

Anu Sivaraman, Vijaykumar A Patil

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Judgment text

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- 1 - NC: 2025:KHC:1942-DB WP No. 20894 of 2023 C/W WP No. 21054 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 20894 OF 2023 (EDN-RES) C/W WRIT PETITION NO. 21054 OF 2023 (EDN-RES) IN WP No. 20894/2023: BETWEEN: HITASHREE Y.L. AGED 20 YEARS D/O Y.G. LAKSHMANA R/AT. BANNUR HOBLI T. NARASIPURA TALUK YACHENAHALLI, MYSURU KARNATAKA-571 101 …PETITIONER (BY SRI. A MAHESH CHOWDHARY, ADVOCATE) AND: 1. KARNATAKA EXAMINATIONS AUTHORITY REPRESENTED BY ITS DIRECTOR SAMPIGE ROAD, 18TH CROSS MALLESHWARAM BENGLAURU-560 012 2. ADMINISTARTIVE OFFICER KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM BENGLAURU-560 012 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1942-DB WP No. 20894 of 2023 C/W WP No. 21054 of 2023 3. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA KARNATAKA-560 001 4. DIRECTOR OF MEDICAL EDUCATION ANAND RAO CIRCLE BENGALURU-560 001 …RESPONDENTS (BY SRI. N.K. RAMESH, ADVOCATE FOR R1 & R2; SRI. M.N. SUDEV HEGDE, AGA FOR R3 & R4) THIS WP IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT OF CERTIORARI QUASHING THE NOTIFICATION No. ED/KEA/ADMN/CR-07/2023 ISSUED BY THE RESPONDENT No.1 AUTHORITY DATED 13.09.2023 VIDE ANNEXURE-A AND ETC. IN WP NO. 21054/2023 BETWEEN: MR. MAHENDRA REDDY C.N. S/O MR. NARASAREDDY C.R. AGED 18 YEARS R/O. SAJJALAVARIPALLI BAGEPALLI CHIKKABALLAPURA-563 124 ...PETITIONER (BY SRI. PRAMODHINI KISHAN, ADVOCATE) AND: 1. STATE OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT DEPARTMENT OF MEDICAL EDUCATION M.S. BUILDING, BENGALURU-560 001 REPRESENTED BY ITS CHIEF SECRETARY 2. DIRECTORATE OF MEDICAL EDUCATION BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (OLD BUILDING) - 3 - NC: 2025:KHC:1942-DB WP No. 20894 of 2023 C/W WP No. 21054 of 2023 1ST FLOOR, FORT, K.R. ROAD BENGALURU-560 002 REPRESENTED BY ITS DIRECTOR 3. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU-560 012 REPRESENTED BY ITS EXECUTIVE DIRECTOR ...RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R2; SRI. N.K. RAMESH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICELS 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (i). ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DECLARING THAT THE ACTIONS OF THE RESPONDENTS No.2 AND No. 3 IN PERMITTING THE CANDIDATES WHO HAVE BEEN ALLOTTED SEATS IN THE 1ST AND THE 2ND ROUND OF UGNEET 2023 COUNSELING TO PARTICIPATE IN THE MOP-UP ROUND OF UG NEET 2023 COUNSELING AS ARBITRARY AND ILLEGAL AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Writ petition No.20894/2023 is filed seeking the following reliefs; - 4 - NC: 2025:KHC:1942-DB WP No. 20894 of 2023 C/W WP No. 21054 of 2023 "a. Issue a writ of certiorari quashing the Notification No.ED/KEA/ADMN/CR-07/2023 issued by Respondent No.1 Authority dated 13.09.2023 vide Annexure-A. b. Issue a writ of Mandamus directing Respondent Authority to conduct only physical mop round in terms of the representation made by the petitioner dated 11.09.2023 vide Annexure-B. c. Such other relief as this Hon'ble Court may deem fit necessary under the facts and circumstance of the case." Writ petition No.21054/2023 is filed seeking the following reliefs; "(i) Issue a writ in the nature of mandamus or any other appropriate writ or order or direction, declaring that the actions of the respondents No.2 and No.3 in permitting the candidates who have been allotted seats in the 1st and the 2nd round of UGNEET 2023 counseling to participate in the mop-up round of UGNEET 2023 counseling as arbitrary and illegal; and (ii) Issue a writ in the nature of mandamus or any other appropriate writ or order or direction, - 5 - NC: 2025:KHC:1942-DB WP No. 20894 of 2023 C/W WP No. 21054 of 2023 directing the respondents No.2 and 3 to conduct the mop-up round of UGNEET 2023 counselling strictly in terms of the UGNEET 2023 e-Information Bulletin issued by the Respondent No.3 on 14/07/2023 vide Annexure-A; and (iii) Issue any other appropriate writ or order or direction as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity." 2. We notice that an interim order has been passed on 19.09.2023 staying allotment of seats in the mop-up round to such of those students who have already been allotted seat in the previous round and those who have completed admission formalities by paying the fees, making clear that such of those students who have not paid the fees and completed the admission would be eligible for consideration. 3. In view of the interim order passed and in view of the fact that the admission concerned is for the year 2023, we are of the opinion that nothing survives for consideration except to state that benefits, if any, which - 6 - NC: 2025:KHC:1942-DB WP No. 20894 of 2023 C/W WP No. 21054 of 2023 have accrued to the petitioners on account of the interim order, shall not be disturbed. 4. The writ petitions are accordingly, disposed of without affecting the rights of the petitioners which have been accrued on the basis of the interim order passed. All legal questions which are raised in these writ petitions shall stand left open. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 21