SRI SAMARTH SANTHOSH JOSHI v. KARNATAKA EDUCATION AUTHORITY
WP/21940/2025 · 2025-07-23
Anu Sivaraman, K Manmadha Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82407 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82407 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27942-DB WP No. 21940 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 21940 OF 2025 (EDN-RES)
BETWEEN:
SRI. SAMARTH SANTHOSH JOSHI AGED ABOUT 21 YEARS No.02, MAIN ROAD JOSHI GALLI, GALATAGA CHIKODI, BELGAUM-591 219 …PETITIONER (BY SRI. AJAY KADKOL T., ADVOCATE)
AND:
1.
KARNATAKA EDUCATION AUTHORITY BY ITS EXECUTIVE DIRECTOR 18TH CROSS, SAMPIGE ROAD MALLESWARAM BENGALURU-560 012
2.
THE TAHSILDAR NIPANI TALUK BELGAUM DISTRICT-591 237 …RESPONDENTS (BY SRI. N.K. RAMESH, ADVOCATE FOR R1;
SRI. SUDEV HEGDE, AGA FOR R2)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) PASS AN ORDER OR ISSUE A WRIT OR DIRECTION OF APPROPRIATE NATURE DIRECTING THE RESPONDENT No.1 TO CONSIDER THE
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:27942-DB WP No. 21940 of 2025
PETITIONER'S ECONOMICALLY WEAKER SECTION CERTIFICATE FOR THE PURPOSE OF VERIFICATION UNDER THE GENERAL MERIT-RURAL CATEGORY WHICH IS PRODUCED AS ANNEXURE-"E" AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO
ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This writ petition is filed seeking the following reliefs:
(a) Pass an order or issue a writ or direction of appropriate nature directing the Respondent No.1 to consider the petitioner's Economically Weaker Section Certificate for the purpose of verification under the General Merit - Rural Category, which is produced as Annexure-"E". AND/OR b) Pass an order or issue a writ or direction of appropriate nature directing the Respondent No.1 to verify and grant the Petitioner the benefit of General Merit-Rural Category status for the purpose of allotment of medical seats under the ongoing admission process in light of the Verification Slip issued on 17.06.2025 issued by the Respondent No.1 Authority, which is produced herewith as Annexure-"A" AND/OR c) Pass an order or issue a writ or direction of appropriate nature directing the Respondent
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HC-KAR NC: 2025:KHC:27942-DB WP No. 21940 of 2025
No.1 to allot medical seat to the Petitioner under the General Merit-Rural Category based on the rank secured by him in NEET(UG) Examination, 2025 which is produced as Annexure-G AND/OR d) pass such other order/s as this Hon'ble Court, deems fit, proper and necessary, in the end of justice.
2. Heard the learned counsel appearing for the petitioner as well as the Sri. N. K. Ramesh, learned counsel appearing for respondent No.1 and Sri. Sudev Hegde, learned Additional Government Advocate appearing for respondent No.2.
3. Petitioner is a candidate for NEET-UG selection. It is submitted by the learned counsel appearing for the petitioner that the petitioner belongs to GM-rural category and that he has all the certificates to prove the same. He has also produced the EWS Certificate to prove his income. However, only on account of the fact that a Non-Creamy Layer Certificate is also called for by the respondents, petitioner's category has been shown only as General Merit and not as rural category in the selection.
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HC-KAR NC: 2025:KHC:27942-DB WP No. 21940 of 2025
4. It is submitted by the learned Additional Government Advocate that a Non-Creamy Layer Certificate has also been issued on 22.07.2025.
5.
Learned counsel appearing for respondent No.1- KEA however submits that option entries are complete and that counseling is yet to start.
6. This Court, in W.P.No.13779/2025 by judgment dated 17.06.2025 directed the State of Karnataka to clarify whether a non-creamy layer certificate is required to be produced by candidates other than those belonging to OBC and to direct for appropriate clarifications to be made in the Rules and prospectus, as applicable. Admittedly, no such clarifications have been issued.
7. In the peculiar facts and circumstance of the instant case and in view of the fact that the writ petitioner is a General Merit Candidate who had all certificates, including the Income Certificate for EWS candidate and since he has also obtained a Non-Creamy Layer Certificate from respondent No.2, we are of the opinion that the benefit of rural candidate is to be extended to the writ petitioner.
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HC-KAR NC: 2025:KHC:27942-DB WP No. 21940 of 2025
8. Accordingly, there will be a direction to respondent No.1 to grant the benefit of GM-Rural category status to the petitioner on the basis of the documents produced by him in the counseling. The petitioner shall produce the Non-Creamy Layer Certificate now obtained along with copy of this judgment before respondent No.1 forthwith. Accordingly, the writ petition stands disposed of.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (DR.K.MANMADHA RAO) JUDGE
RAK List No.: 1 Sl No.: 86