Karnataka High Court
Mrs. Deepthi H R vs State Of Karnataka on 28 February, 2025
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NC: 2025:KHC:8807-DB
W.P. No.33788/2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.33788/2024 (EDN-RES)
BETWEEN:
MRS. DEEPTHI H.R.
D/O RAJU H.T.
AGED ABOUT 25 YEARS
RESIDING AT OPP. KEB
MYSORE ROAD, DR. BR. AMBEDKAR NAGAR
HOLENARASIPURA, HASSAN 573 211.
Digitally signed
by RUPA V
Location: HIGH ...PETITIONER
COURT OF
KARNATAKA (BY SRI. K.S. NARESH SANTHOSH, ADV.,)
AND:
1. STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY
DEPARTMENT OF MEDICAL EDUCATION
VIKASA SOUDHA, BENGALURU 560 001.
2. KARNATAKA EXAMINATIONS AUTHORITY
REPRESENTED BY ITS DIRECTOR
NO.18, SAMPIGE ROAD, MALLESHWARAM
BENGALURU 560 012.
...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1
SRI. N.K. RAMESH, ADV., FOR R2)
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W.P. No.33788/2024
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER WRIT OR DIRECTION DIRECTING
THE RESPONDENTS TO CONSIDER THE REPRESENTATION
DATED 26/11/2024 A COPY OF WHICH IS PRODUCED AT
ANNEXURE-J AND ALLOT HER PG SEAT AS PRAYED FOR
EXPEDITIOUSLY. ISSUE ANY OTHER WRIT OR DIRECTION AS
THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This writ petition is filed seeking following reliefs:
"i) Issue a writ of mandamus or any other writ or
direction directing the respondents to consider the
representation dated 26.11.2024 a copy of which is
produced at Annexure-J and allot her PG seat as
prayed for expeditiously to meet the ends of justice.
ii) Issue any other writ or direction as this Hon'ble
Court may deem fit in the facts and circumstances of
the case."
2. It is contended by the learned counsel for the
petitioner that the petitioner had acquired eligibility to
participate in the PG-AYUSH 2024 selection by reducing of the
cut off percentile by Annexure-F communication dated
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12.11.2024. It is submitted that pursuant to the reduction of
percentile, the petitioner, who is the SC candidate had
registered for the allotment. It is submitted that she has
submitted a representation dated 26.11.2024 before the
respondents seeking the continuance of the reservation in
favour of SC-ST candidates, so that she would be entitled to
participate in the selection as an SC candidate. It is submitted
that the KEA has de-categorized the available reserved seats
for SC-ST candidates and had conducted counselling treating
those seats as open merit seats and the petitioner's chance to
get a PG seat was therefore, defeated. On these grounds she
has approached this Court.
3. Respondent No.2 had filed statement of objections
wherein it is stated that the petitioner had become eligible to
apply for the PG course only after the NCISM has reduced the
qualifying percentile by 15% vide notification dated
12.11.2024. It is submitted that the first round of counselling
option entry was held between 06.11.2024 and 08.11.2024 and
final results were announced on 12.11.2024. It is submitted
that in the first round seats matrix there was only one seat in
Unani reserved under the SC category in Government Unani
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Medical College, Bengaluru. As no students belonging to SC
category claimed the seat, the same was carried forward to the
second round of counseling. Option entry for the second round
was held between 16.11.2024 and 19.11.2024 and final results
were published on 20.11.2024. In the second round of
counselling the SC reserved seat was first offered to SC
students. As there were no students from the SC category, the
unfilled reserved seat was de-categorized and was offered to
the eligible candidates on merit in the second round itself as
contemplated in Section 9 of the Karnataka Selection of
Candidates for Admission to Government Seats in Professional
Educational Institutions (Regulations of Admission and
Determination of Fee) Act, 2006. It is submitted that the
petitioner had registered for the selection only on 27.11.2024
and she was eligible to appear only in the mop-up round of
counselling. Since the PG seats in Unani Medicine already stood
de-categorized and offered in the second round of counselling
itself to general merit candidates, there was no seat available
in PG Unani in the mop-up round. It is submitted that there are
only 8 PG seats in Unani Medicine and all the 8 seats had
already been allotted in the first and second round itself and
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there were no seats remaining for allotment in the mop-up
round and the petitioner was therefore, not able to get a seat.
4. Having considered the contentions advanced, we
notice that the petitioner's eligibility to participate in the
selection occurred only on account of Annexure-F and that she
had registered for the allotment only in the mop-up round. By
the time the petitioner registered for allotment, the seat in PG
Unani had already been de-categorized and offered to general
merit candidates in the second round itself and the seats stood
filled up.
5. In the above facts and situation, we are of the
opinion that the prayers as sought for in the writ petition
cannot be granted. The Writ petition fails and accordingly
dismissed.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
ABK
