Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31928-DB WP No. 8103 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH 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.8103 OF 2024 (EDN-RES) BETWEEN:
SRI ADITHYA M.
S/O. MANJAPPA H. (ADVOCATE) AGED ABOUT 20 YEARS RESIDING AT JOGIMATTI ROAD 4TH CROSS, PRASHANTH NAGAR CHITRADURGA-577 511. …PETITIONER (BY SRI V.B. SIDDARAMAIAH, ADVOCATE) AND:
1.
KARNATAKA EXAMINATION AUTHORITY 18TH CROSS, SAMPIGE ROAD MALLESHWARAM BENGALURU-560 112 REPRESENTED BY ITS EXECUTIVE DIRECTOR.
2.
THE GOVERNMENT OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION ROOM NO.610, 6TH FLOOR M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY.
3.
THE DIRECTOR DIRECTORATE OF MEDICAL EDUCATION BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE (OLD BUILDING) 1ST FLOOR, FORT, K.R. ROAD BENGALURU-560 002.
Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:31928-DB WP No. 8103 of 2024
4.
THE GOVERNMENT OF INDIA REPRESENTED BY ITS CABINET SECRETARY 32, PRITHVIRAJ ROAD, SECRETARIAT BUILDING NEW DELHI-110 011.
5.
THE DIRECTOR THE BHARAT SCOUTS AND GUIDES NATIONAL HEADQUARTERS LAKSHMI MAZUMDAR BHAWAN 16, MAHATMA GANDHI MARG INDRAPRASTHA ESTATE NEW DELHI- 110 002.
6.
THE REGIONAL DIRECTOR REGIONAL OFFICE THE BHARAT SCOUTS AND GUIDES KARNATAKA SHANTHI GRUHA KARNATAKA STATE HEAD QUARTER NO.39, PALACE ROAD RACE COURSE, GANDHI NAGAR BENGALURU-560 001 KARNATAKA. …RESPONDENTS (BY SRI N.K. RAMESH, ADVOCATE, FOR R-1;
SRI SUDEV HEGDE, A.G.A., FOR R-2 AND R-3;
SMT. SADHANA S. DESAI, C.G.C., FOR R-4; AND SRI K.S. PATIL, ADVOCATE, FOR R-5 AND R-6)
* * *
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 WRIT OR ORDER OR ORDERS TO DECLARE THAT THE PORTION OF RULE 9(C) OF THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL RULES 2006, PRESCRIBING THE CRITERIA FOR SPECIAL CATEGORY RESERVATION AS PRESIDENT'S AWARD IS UNCONSTITUTIONAL AND THE SAME IS IN-OPERATIVE, WITH RESPECT TO THE PETITIONER'S ADMISSION TO THE UGNEET 2024 ADMISSION TO THE MEDICAL COURSE FOR THE ACADEMIC YEAR 2024-25 VIDE ANNEXURE-H, AND ETC.
THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:31928-DB WP No. 8103 of 2024
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) The petitioner appeared in UG-NEET 2023 to take admission in MBBS course. The petitioner claimed the admission in MBBS course against seats reserved for candidates having the President's Award in the Scouts and Guides.
2. Rule 9(C) of the Karnataka Selection of Candidates for Admission to Government seats in Professional Educational Institutions Rules, 2006, provides that the candidates who as the cadets of the Scouts and Guides have received the "President's Award" during five year period of study in Karnataka between 8th and 12th standards, would be eligible for taking admission in the said category, provided a candidate submits the "President's Award" Certificate on the day of general round of seat selection as per their merit
order.
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HC-KAR NC: 2025:KHC:31928-DB WP No. 8103 of 2024
3. Admittedly, the petitioner did not have the President's Award Certificate during five years period of study in Karnataka between 8th and 12th standards. However, the petitioner was granted a Certificate from the Governor of Karnataka and that Certificate has been placed on record as per Annexure-E.
4. Rule 9(C) of the Karnataka Selection of Candidates for Admission to Government seats in Professional Educational Institutions Rules, 2006, is specific and unambiguous in its definition. The benefit to a candidate, who was a cadet of the Scouts and Guides, is given in admission to MBBS course, if such candidate has received the "President's Award". As the petitioner did not have the
"President's Award" and he has only Certificate from the Governor of the State, we cannot substitute the Rule which requires "President's Award" to the "Governor's Award".
5. So far as challenge to Rule 9(C) of the Karnataka Selection of Candidates for Admission to Government seats in Professional Educational Institutions Rules, 2006, is
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HC-KAR NC: 2025:KHC:31928-DB WP No. 8103 of 2024
concerned, we find that the Rule is neither in violation of any fundamental rights guaranteed under Part III of the Constitution of India, 1950, nor it is beyond the legislative competence of the State, and therefore, there is no merit in the challenge to Rule 9(C) of the aforesaid Rules. In view thereof, we do not find any merit in this writ petition and accordingly, the writ petition is dismissed. Sd/- (D K SINGH) JUDGE
Sd/- (VENKATESH NAIK T) JUDGE
KVK List No.: 1 Sl No.: 18