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2022 DIGILAW 578 (KAR)

Rohit v. State of Karnataka

2022-04-22

P.KRISHNA BHAT

body2022
JUDGMENT P.Krishna Bhat, J. - The petitioner is an aspirant for admission to the course of B.Sc.(Hons) Forestry in the college of Forestry, Ponnampet. He applied for admission to the course in proper manner and he also took entrance examination held by respondent No.3. The entire seat matrix for admission to Under Graduate Degree Programme through LaTERaL ENTRY for Diploma (agriculture/agricultural Engineering) Students in various colleges of University of agricultural Sciences (UaS), Bengaluru, is at annexure-a. as per the said information, brochure (annexure-V(b)) is the seat matrix for admission to Under Graduate Degree Programme through LaTERaL ENTRY for Diploma (agriculture/ Horticulture/Forestry) for students in various colleges of University of agricultural and Horticulture Sciences (UaHS), Shivamogga, for the academic year 2021-22. as per the same, college at serial number five is respondent No.5-College. as per the said annexure-V(b), insofar as respondent No.5-college is concerned, the seat matrix for allotment of candidates to respondent No.5-college is as follows: annexure V(b) SEaT MaTRIX for admission to Under Graduate Degree Programme through LaTERaL ENTRY for Diploma (agriculture/Horticulture/ forestry) stood in various colleges of University of agricultural and Horticulture Sciences (UaHS), Shivamogga during the academic year 2021-22 Annexure V(b) SEAT MATRIX for Admission to Under Graduate Degree Programme through LATERAL ENTRY for Diploma (Agriculture/Horticulture/ forestry) stood in various colleges of University of Agricultural and Horticulture Sciences (UAHS), Shivamogga during the academic year 2021-22 Sl. No. Name of the College UG Programme and intake 5% general seats Lateral Entry (NKK-92%) (KK-08%) Reservation GM (50%) SC (15%) ST (3%) Cat-I 4% Cat-II-A (15% II-B (4%) III-A (4% III-B (5%) TOTAL 5. College of Horticulture, PONNAMPE T B.Sc. (Hons.) Forestry (59%) 2.95 General Karnataka (NKK) 2 0 0 0 0 0 0 1 3 Kalyana Karnataka (KK 2 0 0 0 1 0 0 0 .3 2. It is the case of petitioner that he had taken examination under the assurance that if he gets necessary marks in the competitive examination, he was eligible to get seat in the college of Forestry, Ponnampet under category-III-B. 3. However, by corrigendum dated 09.12.2021 at Annexure-F, he found to his shock and dismay that Annexure-V(b) was altered and one seat that was earmarked for III-B Category student like the petitioner in respondent No.5-college was deleted and it was shown to have been earmarked to student belonging to II-A Category. 4. However, by corrigendum dated 09.12.2021 at Annexure-F, he found to his shock and dismay that Annexure-V(b) was altered and one seat that was earmarked for III-B Category student like the petitioner in respondent No.5-college was deleted and it was shown to have been earmarked to student belonging to II-A Category. 4. Submission on behalf of petitioner is that once it is proclaimed in brochure (Annexure-A) that for B.Sc. (Hons) Forestry Degree one seat was reserved for III-B Category in respondent No.5-college, subsequent corrigendum in Annexure-F to the effect that it was not for III-B Category, but for student belonging to II-A Category, the assurance given to him at the time of competitive examination stands taken away and respondents should be estopped from taking such a stand after competitive examination is actually held. 5. Respondent Nos.3 and 4 have filed their respective statement of objections to substantiate their respective contentions. Respondent No.4 in its statement of objections has taken a position that there was no reservation for III-B category student in respondent No.5- college and on the other hand, one reserved seat was available only for II-A Category. Respondent No.3 has stated in its statement of objections that mistake was committed in Annexure-A at Annexure-V(b) (at page No.49 of writ petition papers) and same was discovered subsequently and it has attributed the same to the error in uploading the information on its Website. Accordingly, it had issued corrigendum at Annexure-F. 6. Learned counsel for respondent Nos.3 and 4 however submit that a mistake has been committed by the respondent No.3-University while uploading the information of roster point and it has resulted in injustice to the petitioner and therefore, this Court may pass such order as it deems fit. 7. There is no dispute about the fact that brochure (Annexure-A) clearly shows one seat as ear marked for IIIB Category in respondent No.5-college for B.Sc. Forestry. There is also no dispute that petitioner belonged to III-B Category and he has scored fifth position. There is also no dispute that students who scored rank one to four have not evinced interest for B.Sc. Forestry course in respondent No.5-college. 8. Forestry. There is also no dispute that petitioner belonged to III-B Category and he has scored fifth position. There is also no dispute that students who scored rank one to four have not evinced interest for B.Sc. Forestry course in respondent No.5-college. 8. In that view of the mater, but for respondent No.3-University issuing impugned corrigendum at Annexure-F, the need for which had arisen on account of its own mistake in uploading the roster point for the seat matrix, the petitioner would have been entitled to get the seat in B.Sc. (Hons) Forestry in respondent No.5-college. Therefore, a direction is required to be issued to respondent No.3-University to set-right the injustice done to the petitioner. 9. Accordingly, this petition is disposed of with a direction to respondent No.4 to create one supernumerary seat for B.Sc. (Hons) Forestry in respondent No.5-College against which the petitioner shall be admitted under III-B Category as a special case, immediately. Since the course has already commenced, the loss in the classes caused to him shall be set-right by the University by taking necessary decision in that behalf in accordance with law and thereafter accommodate the petitioner for the loss of classes.