- 1 - HC-KAR NC: 2026:KHC:2356 WP No. 10858 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 10858 OF 2023 (EDN-RES) BETWEEN: SHREYA D POOJARI D/O DAYANANDA S POOJARI, AGED ABOUT 20 YEARS, R/AT MELINAKURUVALLI KURUVALLI POST, THIRTHALLI TALUK SHIVAMOGGA DISTRICT - 577 432 …PETITIONER (BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, M.S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560001 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2356 WP No. 10858 of 2023 2. KARNATAKA EXAMINATIONS AUTHORITY REPRESENTED BY ITS EXECUTIVE DIRECTOR SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM BENGALURU 560 012 …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 SRI. N.K. RAMESH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 HEREIN TO REFUND THE SUM OF Rs. 2,00,000/- TO THE PETITIONER ALONG WITH COMMERCIAL RATE OF INTEREST AT 18 PERCENT PER ANNUM. AWARD DAMAGES TO THE PETITIONER FOR MENTAL AGONY AND HARASSMENT CAUSED BY R2. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2026:KHC:2356 WP No. 10858 of 2023 ORAL ORDER 1. The petitioner has filed this writ petition seeking for the following prayers: (i) “To direct respondent No.2 herein to refund the sum of Rs.2,00,000/- to the petitioner along with commercial rate of interest at 18 percent per annum. (ii) award damages to the petitioner for mental agony and harassment caused by respondent No.2. (iii) allow this writ petition with costs.” 2. Brief facts leading rise to the filing of this writ petition are as follows: 3. The petitioner appeared for Common Entrance Test - 2019 for the admission to professional degree course conducted by the Karnataka Examinations Authority under CET No.MK003 under the category 2AG. The petitioner secured a Rank 15 M&H-285082 and appeared for the second round of counselling for allotment of seat. The petitioner was allotted a - 4 - HC-KAR NC: 2026:KHC:2356 WP No. 10858 of 2023 Government Quota Seat for BAMS course in Athreya Ayurvedic Medical College, Kodigehalli, Nagasandara, Doddballapur, Bangalore Rural and the petitioner was directed to pay the course fee of ₹2,00,000/-. Accordingly, the petitioner paid the course fee of ₹2,00,000/-. 4. On 01.10.2019, the petitioner issued an e-mail to respondent No.2 informing her inability to join the said College and sought for a refund of the course fee paid by her. Respondent No.2 did not consider the same. Hence, this writ petition. 5. Respondent No.2 filed a statement of objections contending that the petitioner appeared for the Common Entrance Test-2019 and the Government has allotted a seat in a private Medical College. The petitioner neither surrendered the seat nor cancelled the seat and failed to join the allotted College. Hence, it is contended that respondent No.2 has - 5 - HC-KAR NC: 2026:KHC:2356 WP No. 10858 of 2023 rightly forfeited the course fee paid by the petitioner. It is contended that the petitioner is not entitled for the refund of course fee. Hence, prays to dismiss the writ petition. 6. Heard the learned counsel for the petitioner and learned counsel for respondent No.2. 7. Learned counsel for the petitioner submitted that the petitioner appeared for the Common Entrance Test- 2019 and the Government had allotted a seat in the private medical college and the petitioner had also paid the course fees. He submitted that the petitioner has not taken the admission in the allotted College. As such, the petitioner is entitled for the refund of course fees. He submitted that respondent No.2 has no right to forefeet the said amount. On these grounds, he prays to allow the writ petition. 8. Per contra, learned counsel for respondent No.2 submitted that respondent No.2 had allotted a seat - 6 - HC-KAR NC: 2026:KHC:2356 WP No. 10858 of 2023 to the petitioner in a private medical college and pursuant to the allotment, the petitioner paid the full course fee of ₹2,00,000/-. However, the petitioner neither joined the College nor surrendered the seat nor got cancelled the seat and therefore, respondent No.2 could not fill the said seat. Hence, respondent No.2 has rightly forfeited the course fees paid by the petitioner. Hence, prays to dismiss the writ petition. 9. Perused the records and considered the submissions of the learned counsel for the parties. 10. It is an undisputed fact that the petitioner appeared for the Common Entrance Test held in the year 2019. The petitioner secured a rank 15 M&H-285082 and appeared for the second round of counselling for the allotment of seat. The respondents allotted the seats to the petitioner in a private medical college. - 7 - HC-KAR NC: 2026:KHC:2356 WP No. 10858 of 2023 11. According to sub-Rule (5) of Rule 121 of the Karnataka Selection of Candidates for the Admission to the Government Seats in Professional Educational Institutions Rules, 2006 (“Rules of 2006” for short) mandates that if a student who is allotted a seat does not surrender or cancel or fail to join the allotted College, even after the completion of the Casual Vacancy Round, the entire fee paid by the student shall get forfeited. 12. Admittedly, the petitioner has neither surrendered the seat nor cancelled the seat nor failed to join the allotted College. 13. As per sub-Rule (5) of Rule 12 of the Rules of 2006 respondent No.2 has rightly forfeited the course fees paid by the petitioner. 1 Rule - 12. Forfeiture and refund of fee.—(1) x x x (5) If a candidate does not surrender/cancel/fail to join the allotted College even after the completion of the Casual Vacancy Round the Executive Director, the Karnataka Examinations Authority shall forfeit entire fee amount paid by the candidates. - 8 - HC-KAR NC: 2026:KHC:2356 WP No. 10858 of 2023 14. Hence, I do not find any error in the action of respondent No.2 in forfeiting the course fees paid by the petitioner. 15. In the result, I proceed to pass the following order: ORDER (i) The writ petition is dismissed. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 22