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2025 DAILYLAW 35826 (KAR)

MR. SOURABH HOLEPPAGOL v. KARNATAKA EXAMINATION AUTHORITY

RP/578/2024 · 2025-01-06

Anu Sivaraman, Umesh M Adiga

Review Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:114-DB RP No. 578 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS JUSTICE ANU SIVARAMAN AND THE HON'BLE MR JUSTICE UMESH M ADIGA REVIEW PETITION NO. 578 OF 2024 BETWEEN: MR. SOURABH HOLEPPAGOL, S/O. KEMPANNA, AGED ABOUT 21 YEARS, HULLOLI, HUKKERI, BELAGAVI (BELAGAUM), KARNATAKA - 591 305. ALSO AT: 1ST YEAR, BAMS, GOVERNMENT AYURVEDIC MEDICAL COLLEGE AND TEACHING HOSPITAL, SAGARA ROAD, OPPOSITE TO CIRCUIT HOUSE, SHIVAMOGGA - 577 204. …PETITIONER (BY SRI. SIDDHARTH PADMARAJ DESAI, ADVOCATE) AND: 1. KARNATAKA EXAMINATION AUTHORITY, 18TH CROSS, SAMPIGE ROAD, MALLESWARAM, BENGALURU - 560 012. REPRESENTED BY ITS EXECUTIVE DIRECTOR. Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:114-DB RP No. 578 of 2024 2. STATE OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION GOVERNMENT OF KARNATAKA, SECRETARY ESTABLISHMENT, 2ND GATE, 6TH FLOOR, M.S.BUILDING - 560 012. REPRESENTED BY ITS. PRINCIPAL SECRETARY. 3. DIRECTORATE OF YOUTH EMPOWERMENT AND SPORTS, DEPARTMENT OF YOUTH EMPOWERMENT AND SPORTS, STATE YOUTH CENTER, YAVANIKA, NRUPATHUNGA ROAD, BENGALURU-560 001. REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI.N.K. RAMESH, ADVOCATE FOR R1, SRI. M.N.SUDEV HEGDE, AGA FOR R2 AND R3) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SEC. 114 OF CPC, 1908, PRAYING TO REVIEW THE ORDER DATED 25.10.2024 PASSED BY THIS HONBLE COURT IN WRIT PETITION NO. 25329/2024 AND ALLOW THE WRIT PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE MR JUSTICE UMESH M ADIGA - 3 - NC: 2025:KHC:114-DB RP No. 578 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE ANU SIVARAMAN) We have heard learned Senior counsel appearing for review petitioner and learned Government Advocate appearing for the respondent-State as well as learned counsel appearing for respondent No.1- Karnataka Examination Authority. 2. We notice that the writ petition had been disposed off after considering the contentions raised by the petitioner quite extensively. It was found that the writ petition was filed belatedly, after two rounds of counseling are over and the mop up round for counseling was imminent. It was therefore found that the question with regard to the illegality of the provisions of the prospectus cannot be considered at this stage where a proper counseling on the basis of the merit could not be undertaken even if the challenge raised in the writ petition was allowed. 3. The learned Senior counsel appearing for the review petitioner now contends that if there is any seat available, the claim of the petitioner is liable to be considered against the same. Having considered the contentions advanced, we do not - 4 - NC: 2025:KHC:114-DB RP No. 578 of 2024 feel that there is any chance for any order to be passed in this review petition even in case seats are vacant or available. In case, there are seats available then again such seats can also be filled up only in accordance with merit. No sustainable grounds are made out for review of the Judgment. The review petition fails and the same is accordingly dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (UMESH M ADIGA) JUDGE AG List No.: 19 Sl No.: 1