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High Court of Karnataka · body

2025 DAILYLAW 70259 (KAR)

BHAVANA G S v. STATE OF KARNATAKA

WP/23817/2023 · 2025-08-13

D K Singh, Venkatesh Naik T

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31377-DB WP No. 23817 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO.23817 OF 2023 (EDN-MED ADM) BETWEEN: 1. BHAVANA G.S. D/O. SURENDAR G.L. AGED ABOUT 20 YEARS 006, GROUND FLOOR PANACCA GOLDEN NEST GUNJUR-560 087. 2. YELAMPALLI PARTHIV REDDY S/O. Y. SUDHAKARA REDDY AGED ABOUT 20 YEARS 3-6-758, SIVALAHARI APARTMENT L.NO.14, HIMAYATNAGAR HYDERABAD-500 029. 3. HARGUDE TANVI RAMESH D/O. RAMESH HARGUDE AGED ABOUT 20 YEARS THEUR ROAD, PATIL VASTI KESNAND, PUNE MAHARASHTRA-412 207. 4. VYDEHI INSTITUTE OF MEDICAL SCIENCE AND RESEARCH CENTRE #82, IPIP AREA, NALLURAHALLI WHITEFIELD BENGALURU-560 066 REPRESENTED BY PRINCIPAL DR. SHREEDHAR VENKATESH. …PETITIONERS (BY SRI BIPIN HEGDE, ADVOCATE) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31377-DB WP No. 23817 of 2023 AND: 1. STATE OF KARNATAKA REPRESENTED BY THE SECRETARY MEDICAL EDUCATION M.S. BUILDING VIDHANA SOUDHA BENGALURU-01. 2. KARNATAKA EXAMINATION AUTHORITY REPRESENTED BY EXECUTIVE DIRECTOR 18TH CROSS, SAMPIGE RAOD MALLESHWARAM BENGALURU-560 012. 3. 4. RAJEEV GANDHI UNIVERSITY OF HEALTH SCIENCES JAYANAGAR BENGALURU-560 041. THE NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR 8 DWARAKA PHASE-I NEW DELHI-110 007. REPRESENTED BY ITS EXECUTIVE SECRETARY. (AMENDMENT CARRIED OUT V/O DATED 27-10-2023) …RESPONDENTS (BY SRI SUDEV HEGDE, AGA FOR R-1; SRI N.K. RAMESH, ADVOCATE FOR R-2; SMT. FARAH FATHIMA, ADVOCATE FOR R-3; SRI N. KHETTY, ADVOCATE FOR R-4) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO DECLARE THAT THE ADMISSIONS GRANTED TO PETITIONER NOS.1 TO 3 ARE VALID AND THAT THEY ARE ENTITLED TO CONTINUATION OF THEIR STUDIES BY - 3 - HC-KAR NC: 2025:KHC:31377-DB WP No. 23817 of 2023 APPROVING THEIR ADMISSIONS FOR MBBS COURSE FOR THE YEAR 2022-23 b) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO-3 TO APPROVE THE ADMISSION FOR MBBS COURSE FOR THE YEAR 2022-23 OF PETITIONER NOS.1 TO 3 TO PETITIONER NO.4 COLLEGE. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) 1. Petitioner Nos.1 to 3 had been admitted by the fourth petitioner-Vydehi Institute of Medical Science and Research Centre, Bangalore after the petitioners having appeared in the NEET examination and went through the process of counseling conducted by Karnataka Examination Authority, 2nd respondent. Before admitting the three petitioners i.e., petitioner Nos.1 to 3 by the 4th petitioner institute/college, the three students who had taken admission pursuant to the counseling conducted by KEA- viz., Ramesh Godara, Ravi Shankar Kumar and Akansha Singh did not join the college, and therefore, three seats of MBBS course in the college fell vacant, for which, the Karnataka Examination Authority-2nd - 4 - HC-KAR NC: 2025:KHC:31377-DB WP No. 23817 of 2023 respondent allotted petitioner Nos.1 to 3 to the college against the seats fallen vacant as the result of non-joining of the three students. As petitioner Nos.1 to 3 had taken admission on the last date of admission i.e., 29.12.2022 for the Academic Session 2022-2023, their names did not appear in the list uploaded by the college and intimated to the respondent University. 2. The third respondent University vide communication "Admission approval for MBBS for the year 2022-2023" dated 11.10.2023 did not approve the admission of three students' names- Ramesh Godara, Ravi Shankar Kumar and Akanksha Singh, on the ground that these three students had not uploaded the required documents for approving their admission on the University website. Petitioner No.4 College on 09.10.2023 had addressed a letter to respondent No.3 University stating therein that three students viz., Ramesh Godara, Ravi Shankar Kumar and Akanksha Singh had submitted representation expressing their disinclination to continue their admission in the college and on account of withdrawal of candidature of the aforesaid three students, three seats remained unfilled, and therefore the three students i.e., petitioner Nos.1 to 3, whose names were on the website - 5 - HC-KAR NC: 2025:KHC:31377-DB WP No. 23817 of 2023 of KEA portal have been admitted by the college and request was made to approve their admission. The University however, did not approve the admission of petitioner Nos.1 to 3 and approved the admission of only 247 students against 250 intake of the petitioner No.4 college. Smt. Farah Fathima, learned counsel for respondent No.3 University submits that the University did not approve the admission of the three petitioners on the ground that they were not admitted by petitioner No.4 college through counseling conducted by KEA. Sri. N.K. Ramesh, learned counsel appearing for respondent No.2-KEA submits that three petitioners i.e., petitioner Nos.1 to 3 had participated in the counseling and their names were on the website of KEA portal and college had not admitted any students, who had not participated in the counseling and their names were not on the web portal of KEA. Smt. Farah Fathima, learned counsel for respondent No.3- University in view of the said stand of KEA submits that in view of the clarification put forth by KEA, the respondent No.3- University would have no objection regarding the admission of petitioner Nos.1 to 3 in the petitioner No.4 college. - 6 - HC-KAR NC: 2025:KHC:31377-DB WP No. 23817 of 2023 3. In view of the aforesaid submissions, facts and circumstances stated above, we direct the University-respondent No.3 to approve the admission of the petitioner Nos.1 to 3 forthwith and allow them to appear in the ensuing examinations and pursue their further studies for MBBS course for Academic Session 2023-24. 4. Sri. N. Khetty, learned counsel for respondent No.4-National Medical Council, New Delhi, also submits that the admission of petitioner Nos.1 to 3 can be approved by University, and the National Medical Council does not have any objection in that regard. 5. Accordingly, the writ petition stands allowed. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 0