Karnataka High Court
Hitashree Y.L vs Karnataka Examinations Authority on 17 January, 2025
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NC: 2025:KHC:1942-DB
WP No. 20894 of 2023
C/W WP No. 21054 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 20894 OF 2023 (EDN-RES)
C/W
WRIT PETITION NO. 21054 OF 2023 (EDN-RES)
IN WP No. 20894/2023:
BETWEEN:
HITASHREE Y.L.
AGED 20 YEARS
D/O Y.G. LAKSHMANA
R/AT. BANNUR HOBLI
T. NARASIPURA TALUK
YACHENAHALLI, MYSURU
KARNATAKA-571 101
...PETITIONER
(BY SRI. A MAHESH CHOWDHARY, ADVOCATE)
Digitally signed AND:
by
CHANNEGOWDA
PREMA
Location: High 1. KARNATAKA EXAMINATIONS AUTHORITY
Court of
Karnataka REPRESENTED BY ITS DIRECTOR
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM
BENGLAURU-560 012
2. ADMINISTARTIVE OFFICER
KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM
BENGLAURU-560 012
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NC: 2025:KHC:1942-DB
WP No. 20894 of 2023
C/W WP No. 21054 of 2023
3. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKASA SOUDHA
KARNATAKA-560 001
4. DIRECTOR OF MEDICAL EDUCATION
ANAND RAO CIRCLE
BENGALURU-560 001
...RESPONDENTS
(BY SRI. N.K. RAMESH, ADVOCATE FOR R1 & R2;
SRI. M.N. SUDEV HEGDE, AGA FOR R3 & R4)
THIS WP IS FILED UNDER ARTILCES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT
OF CERTIORARI QUASHING THE NOTIFICATION No.
ED/KEA/ADMN/CR-07/2023 ISSUED BY THE RESPONDENT No.1
AUTHORITY DATED 13.09.2023 VIDE ANNEXURE-A AND ETC.
IN WP NO. 21054/2023
BETWEEN:
MR. MAHENDRA REDDY C.N.
S/O MR. NARASAREDDY C.R.
AGED 18 YEARS
R/O. SAJJALAVARIPALLI
BAGEPALLI
CHIKKABALLAPURA-563 124
...PETITIONER
(BY SRI. PRAMODHINI KISHAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA
HEALTH AND FAMILY WELFARE DEPARTMENT
DEPARTMENT OF MEDICAL EDUCATION
M.S. BUILDING, BENGALURU-560 001
REPRESENTED BY ITS CHIEF SECRETARY
2. DIRECTORATE OF MEDICAL EDUCATION
BANGALORE MEDICAL COLLEGE AND
RESEARCH INSTITUTE (OLD BUILDING)
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NC: 2025:KHC:1942-DB
WP No. 20894 of 2023
C/W WP No. 21054 of 2023
1ST FLOOR, FORT, K.R. ROAD
BENGALURU-560 002
REPRESENTED BY ITS DIRECTOR
3. KARNATAKA EXAMINATIONS AUTHORITY
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM, BENGALURU-560 012
REPRESENTED BY ITS EXECUTIVE DIRECTOR
...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R2;
SRI. N.K. RAMESH, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICELS 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO (i). ISSUE
A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT OR ORDER OR DIRECTION, DECLARING
THAT THE ACTIONS OF THE RESPONDENTS No.2 AND No. 3 IN
PERMITTING THE CANDIDATES WHO HAVE BEEN ALLOTTED
SEATS IN THE 1ST AND THE 2ND ROUND OF UGNEET 2023
COUNSELING TO PARTICIPATE IN THE MOP-UP ROUND OF UG
NEET 2023 COUNSELING AS ARBITRARY AND ILLEGAL AND
ETC.
THESE PETITIONS, 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)
Writ petition No.20894/2023 is filed seeking the
following reliefs;
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"a. Issue a writ of certiorari quashing the
Notification No.ED/KEA/ADMN/CR-07/2023 issued
by Respondent No.1 Authority dated 13.09.2023
vide Annexure-A.
b. Issue a writ of Mandamus directing
Respondent Authority to conduct only physical mop
round in terms of the representation made by the
petitioner dated 11.09.2023 vide Annexure-B.
c. Such other relief as this Hon'ble Court
may deem fit necessary under the facts and
circumstance of the case."
Writ petition No.21054/2023 is filed seeking the
following reliefs;
"(i) Issue a writ in the nature of mandamus
or any other appropriate writ or order or direction,
declaring that the actions of the respondents No.2
and No.3 in permitting the candidates who have
been allotted seats in the 1st and the 2nd round of
UGNEET 2023 counseling to participate in the
mop-up round of UGNEET 2023 counseling as
arbitrary and illegal; and
(ii) Issue a writ in the nature of mandamus
or any other appropriate writ or order or direction,
NC: 2025:KHC:1942-DB
directing the respondents No.2 and 3 to conduct
the mop-up round of UGNEET 2023 counselling
strictly in terms of the UGNEET 2023 e-Information
Bulletin issued by the Respondent No.3 on
14/07/2023 vide Annexure-A; and
(iii) Issue any other appropriate writ or
order or direction as this Hon'ble Court deems fit
to grant in the facts and circumstances of the case,
in the interest of justice and equity."
2. We notice that an interim order has been
passed on 19.09.2023 staying allotment of seats in the
mop-up round to such of those students who have already
been allotted seat in the previous round and those who
have completed admission formalities by paying the fees,
making clear that such of those students who have not
paid the fees and completed the admission would be
eligible for consideration.
3. In view of the interim order passed and in view
of the fact that the admission concerned is for the year
2023, we are of the opinion that nothing survives for
consideration except to state that benefits, if any, which
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have accrued to the petitioners on account of the interim
order, shall not be disturbed.
4. The writ petitions are accordingly, disposed of
without affecting the rights of the petitioners which have
been accrued on the basis of the interim order passed.
All legal questions which are raised in these writ
petitions shall stand left open.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
PN
