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2017 DIGILAW 1156 (KAR)

M. H. Ravivarma v. State of Karnataka, Represented By Its Secretary, Bangalore

2017-08-19

B.A.PATIL, JAYANT PATEL

body2017
JUDGMENT : Jayant Patel, J. 1. The petitioner by this petition is seeking appropriate writ to set aside the endorsement dated 16.08.2017 and it is further prayed to direct the respondents to consider the case of the petitioner for admission to M.B.B.S. Course. 2. We have heard Mr. Venkat Satyanarayana A., learned Counsel appearing for the petitioner and Mr. V. Narasimha Holla, learned Counsel appearing for ESI- respondent Nos.4 to 8 (hereinafter referred to as the Employees' State Insurance Corporation) and respondent No.10, upon advance copy. 3. Mr. V. Narasimha Holla, learned Counsel appearing for respondent Nos.4 to 8 and 10 states that he shall file vakalath within a period of one week. 4. As per the petitioner, the correct name of his mother is 'Meenakshi' but in the ESI record her name is shown as 'Kamala'. In order to substantiate the contention that Meenakshi and Kamala is same person, he has produced the affidavit as well as the copy of the PAN card and Aadhaar Card and it was submitted that benefit be given to the petitioner to claim admission in M.B.B.S., even if it is recorded in the ESI record that his mother's name is Mrs. Kamala. 5. Whereas Mr. V. Narasimha Holla, learned Counsel appearing for the ESI-respondent Nos.4 to 8 and 10 submitted that in the communication by ESI to the Insurance Commissioner dated 16.08.2017, it has been stated that as per ESI record, the birth date of Mrs. Kamala is 07.03.1976 whereas in the PAN card the birth date is mentioned as 20.05.1974. 6. In our view unless the ESI record is corrected, the claim of the petitioner cannot be accepted. Therefore the authority has rightly issued the endorsement. 7. Mr. Venkat Satyanarayana A., learned Counsel appearing for the petitioner further contended that one seat may be kept reserved until the petitioner resorts to appropriate proceedings before the Civil Court for getting declaration or for correcting ESI record. 8. In our view, such request cannot be countenanced that too in the medical admission because it ultimately may create a situation of lapsing of the seat until the declaration is given by the competent Court or the record is corrected. 8. In our view, such request cannot be countenanced that too in the medical admission because it ultimately may create a situation of lapsing of the seat until the declaration is given by the competent Court or the record is corrected. Further such correction or the declaration in any case cannot be applied with retrospective effect for maintaining eligibility on the date of the application made for admission to MBBS course and thereby to save the provisional admission letter issued. 9. However, it is specifically made clear that any observations made in this order shall not prejudice or operate as a bar to the petitioner to get the record of ESI corrected or for seeking appropriate declaration by competent forum. 10. In view of the above, no case is made out for interference. Hence dismissed.