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2022 DIGILAW 269 (KAR)

Summayya Kausar Attar v. State of Karnataka

2022-02-25

ALOK ARADHE, M.G.S.KAMAL

body2022
JUDGMENT alok aradhe, J. - In this writ petition, the petitioner seeks a writ of mandamus to respondent No.2 to accept the study certificates issued to the petitioner for the purpose of PGET NEET-2021 admission to post graduate medical course for the academic session 2021-22 in the State of Karnataka and to permit the petitioner to select the seat in the second round of counseling under the Karnataka State Quota of Muslim Minority Quota (hereinafter referred to as the 'category clause-b MM1' for short) in the PG medical course. 2. The petitioner obtained MBBS degree from al-ameen College, Bijapur in the year 2016. Under the Regulations framed by the Karnataka Examination authority (hereinafter referred to as 'the authority' for short), a person become entitled to avail a seat under the category (clause-b MM1). The petitioner has studied from 1st Standard to 12th Standard / 2nd PUC in the State of Karnataka. It is not in dispute that the petitioner has completed her education from Class 1 to Class 3 in anjuman Urdu School, Bijapur, Class 4 to 7 in SECaB English Medium Primary School, Bijapur and from Class 8 to 10 in SECaB English Medium High School, Bijapur and 1st and 2nd PUC from Sadvidya PU College, Mysore. Thus, the petitioner has studied from Class 1 to IInd year PUC in the Sate of Karnataka and is entitled to avail of a seat under the Category (clause-b MM1). The petitioner appeared in NEET-PG examination in the year 2021 and submitted an application for admission to post graduate medical course for the academic year 2021-22. as per the petitioner's rank, the slot for verification of the documents was fixed for 20.01.2022. The petitioner, however, procured the study certificates from Bijapur on 21.01.2022 around 5.30 p.m. in the evening and traveled to Bangalore on 23.01.2022. The petitioner tendered the aforesaid documents on 24.01.2022 to the authority. However, the authority refused to accept the same on the ground that the petitioner did not submit the documents within the stipulated time i.e., on 20.01.2022. In the aforesaid factual background, this petition has been filed. 3. Learned counsel for the petitioner submitted that due to circumstances beyond control of the petitioner, the petitioner could not submit the documents on 20.01.2022 before the authority. It is further submitted that immediately on receipt of the documents, the petitioner has approached the authority and has tendered the documents. In the aforesaid factual background, this petition has been filed. 3. Learned counsel for the petitioner submitted that due to circumstances beyond control of the petitioner, the petitioner could not submit the documents on 20.01.2022 before the authority. It is further submitted that immediately on receipt of the documents, the petitioner has approached the authority and has tendered the documents. It is also submitted that in somewhat similar circumstances, a division bench of this court had permitted a student to appear in the subsequent round of counseling subject to payment of costs of Rs.1 Lakh. In support of aforesaid submission, reliance has been placed on division bench decision of this court in JEEVITH U VS. EXaMINaTION aUTHORITY aND aNOTHER IN W.P.NO.13906/2020 DaTED 15.12.2020. 4. On the other hand, learned counsel for the authority submitted that the petitioner in the first round of counseling did not claim the benefit of category (clause-b MM1). Our attention has also been invited to the E-Information Bulletin issue for NEET-PG 2021 by the Board and it is submitted that a candidate was required to compulsorily bring all the necessary documents in support of their claim on the date of verification of the documents without fail and any changes in the documentation or in the exercise of option to claim reservation under any other quota will not be considered. In support of his submission, learned counsel for the authority has placed reliance on another division bench decision of this court in Dr (MS.) E VINEETa VS. UNION OF INDIa & ORS. W.P.NO.17197/2018 DECIDED ON 25.04.2018. 5. We have considered the submissions made on both sides and have perused the record. Undoubtedly, the information bulletin issued by the authority prescribes the manner in which application form has to be filled in. The aforesaid form expressly prescribes that a candidate has to mention a category to which he or she belongs. It has also been indicated in clause 9.6(1)(D) & (E) that no request for change of details would be subsequently entertained. Therefore, no fault can be found with the action of the authority in refusing to accept the documents submitted by the petitioner subsequently claiming the benefit of category (clause-b MM1). It has also been indicated in clause 9.6(1)(D) & (E) that no request for change of details would be subsequently entertained. Therefore, no fault can be found with the action of the authority in refusing to accept the documents submitted by the petitioner subsequently claiming the benefit of category (clause-b MM1). However, at the same time, it has to be borne in mind that no useful purpose would be served in leaving the seats to lapse since lapsing of seats would result in wastage of seats and available reservation. Therefore, in the peculiar facts and circumstances, if the petitioner is afforded an opportunity to participate in the second round of counseling for admission to the PG course, no prejudice would be caused as the case of the petitioner would be considered on the basis of inter se merit amongst the candidates who would participate in the second round of counseling. a Division Bench of this court in JEEVITH U SUPRa has taken a similar view. Therefore, in the peculiar facts of the case, we issue the following directions: (i) a Writ of mandamus is issued to respondent No.2 to permit the petitioner to furnish the study certificate of Class 1 to Class 3 examination to the authority on 26.02.2022. The petitioner shall be considered under the category (clause-b MM1) in the second round of counseling for admission to PG course. Needless to state that the candidature shall be considered on the basis of inter se merit. (ii) The petitioner shall pay costs of Rs.50,000/-(Rupees Fifty Thousand Only) to respondent No.2-authority within a period of one week from today. (iii) It is made clear that the aforesaid directions has been issued in the peculiar facts of the case and shall not be considered as precedent. With the aforesaid terms, the petition is disposed of.