Karnataka High Court
Ms Dhriti Dubey vs State Of Karnataka on 22 October, 2024
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NC: 2024:KHC:42403-DB
WP No. 27831 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE UMESH M ADIGA
WRIT PETITION NO. 27831 OF 2024 (EDN-MED-ADM)
BETWEEN:
Ms. DHRITI DUBEY
D/O SHUBHASHISH DUBEY
AGED ABOUT 18 YEARS,
F-001, MANTRI ESPANA APARTMENTS
KARIYAMMA AGRAHARA
PO: BELLANDUR, DISTRICT: BENGALURU
STATE: KARNATAKA-560 103
...PETITIONER
(BY SRI. C.K. NANDA KUMAR, SENIOR COUNSEL, FOR
SMT. LAKSHMI MENON, ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed HEALTH AND FAMILY WELFARE DEPARTMENT
by (MEDICAL EDUCATION), M.S. BUILDING
MADHUSHREE
H BENGALURU-560 001
Location: High
Court of REPRESENTED BY THE PRINCIPAL SECRETARY
Karnataka
TO THE GOVERNMENT
2. NATIONAL TESTING AGENCY (NTA)
AN AUTONOMOUS ORGANIZATION UNDER
THE DEPARTMENT OF HIGHER EDUCATION
MINISTRY OF EDUCATION
GOVERNMENT OF INDIA
FIRST FLOOR, NSIC-MDBP BUILDING
OKHLA INDUSTRIAL ESTATE
NEW DELHI, DELHI-110 020
REPRESENTED BY ITS CHAIRPERSON
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WP No. 27831 of 2024
3. KARNATAKA EXAMINAIONS AUTHORITY (KEA)
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM
BENGALURU-560 012
REPRESENTED BY ITS EXECUTIVE DIRECTOR
4. BGS GLOBAL INSTITUTE OF MEDICAL SCIENCES
BGS HEALTH AND EDUCATION CITY
Dr. VISHNUVARDHAN ROAD
KENGERI, BENGALURU-560 060
REPRESENTED BY ITS PRINCIPAL
5. KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES
(KIMS)
(AFFILIATED TO BANGALORE UNIVERSITY,
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES)
BANASHANKARI 2ND STAGE, BENGALURU-560 070
REPRESENTED BY ITS PRINCIPAL
6. VYDEHI INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH CENTRE
# 82, NALLURAHALLI
NEAR BMTC 18TH DEPOT, WHITEFIELD
BENGALURU-560 066
REPRESENTED BY ITS PRINCIPAL
7. NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR -8, DWARKA PHASE-I
NEW DELHI-110 077, INDIA
REPRESENTED BY ITS CHAIRPERSON
8. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
4TH T-BLOCK, JAYANAGAR
BENGALURU
KARNATAKA-560 041
REPRESENTED BY ITS REGISTRAR
...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1;
SRI. N.K. RAMESH, ADVOCATE FOR R3)
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NC: 2024:KHC:42403-DB
WP No. 27831 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
(a) DECLARE THAT THE IMPUGNED NOTICE DATED 10.10.2024
ISSUED BY RESPONDENT No.3, BEARING REF.No.NIL
(ANNEXURE-M) IS ULTRA VIRES THE RESPONDENT No.3/KEA's
UGNEET-2024 -E-INFORMATION BULLETIN DATED 04.08.2024,
WHICH CONTAINS THE ADMISSION TO MEDICAL, DENTAL,
AYURVEDA, UNANI AND HOMEOPATHY COURSES FOR THE
YEAR 2024 (INSTRUCTIONS AND GUIDELINES FOR
VERIFICATION OF DOCUMENTS, ONLINE SEAT ALLOTMENT
PROCESS) (ANNEXURE-E) TO THE EXTENT THAT IT DOES NOT
PERMIT FOR CONSEQUENTIAL VACANCIES ARISING FROM
ROUND 1 OF COUNSELLING TO BE FILLED IN THROUGH
ROUND 2 OF COUNSELLING, INSTEAD DIRECTLY MAKING
THESE VACANCIES AVAILABLE TO MOP-UP ROUND
CANDIDATES 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 MR. JUSTICE UMESH M ADIGA
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WP No. 27831 of 2024
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
We have heard learned Senior counsel appearing for the
petitioner quite at length.
2. Having considered the contentions advanced, the
clear provisions of the prospectus as well as the objections
placed on record by the Karnataka Examinations Authority and
the decisions relied on, we are of the opinion that this Court
would not be justified in passing the orders as sought for in the
writ petition. Though the learned Senior counsel placed the
orders of the Hon'ble Apex Court in Writ Petition (Civil)
No.174/2022 for our consideration, we notice that those were
orders passed by the Hon'ble Apex Court exercising the
jurisdiction under Article 142 of the Constitution of India and
that such orders cannot be passed by us in these proceedings.
3. Learned Senior counsel therefore seeks to withdraw
the writ petition with liberty to move the Hon'ble Apex Court for
appropriate orders.
4. Permission is granted.
NC: 2024:KHC:42403-DB
5. Learned Senior counsel further made a submission
that the interim order granted by this Court at the time of
admission on 16.10.2024 may be continued.
6. Having considered the contentions advanced and in
view of the fact that we are dismissing the writ petition as
withdrawn, we are of the opinion that the said relief cannot be
granted by this Court.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(UMESH M ADIGA)
JUDGE
RAK
