Karnataka High Court
Dr. Rajesh Kumar D vs State Of Karnataka on 25 January, 2025
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W.P. No.32729/2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JANUARY, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.32729/2024 (EDN-MED-ADM)
BETWEEN:
DR. RAJESH KUMAR .D
S/O LATE PREMNATH
AGED ABOUT 35 YEARS
IN-SERVICE PG RESIDENT
SDS AND TRC
RAJIV GANDHI INSTITUTE
OF CHEST MEDICINE, SOMESHWARA NAGAR
BEHIND NIMHANS BENGALURU 560029.
Digitally signed by
ARSHIFA BAHAR
KHANAM ...PETITIONER
Location: HIGH (BY SRI. ASHOKA T, ADV.,)
COURT OF
KARNATAKA
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF MEDICAL EDUCATION
VIKAS SOUDHA
BENGALURU 560001
REP BY ITS SECRETARY.
2. DIRECTORATE OF MEDICAL EDUCATION
BMCRI PREMISES
BENGAURU 560002
REP BY ITS DIRECTOR.
3. KARNATAKA EXAMINATION AUTHORITY
SAMPIGE ROAD, 18TH CROSS
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W.P. No.32729/2024
MALLESWARAM
BENGALURU 560012
REP BY ITS EXECUTIVE DIRECTOR.
4. NATIONAL MEDICAL COMMISSION
(ERSTWHILE MEDICAL COUNCIL OF INDIA)
POCKET 14, SECTOR 8
DWARAKA, NEW DELHI 110007
REP BY ITS SECRETARY.
5. SRI. JAYADEVA INSTITUTE
OF CARDIOVASCULAR SCIENCES
AND RESEARCH
JAYANAGAR 9TH BLOCK
BANNERGHATTA ROAD
BANGALORE 560069
REP BY ITS DIRECTOR.
6. PRADEEP NAIK .G
III YEAR MD RESPIRATORY MEDICINE
SDS AND TRC
RAJIV GANDHI INSTITUTE OF
CHEST MEDICINE, SOMESHWARA NAGAR
BEHIND NIMHANS, BENGALURU 560029.
7. SDS TUBERCULOSIS RESEARCH CNETER
AND RAJIV GANDHI UNIVERSITY OF CHEST
DECEASES, SOMESHWARA NAGARA
DHARMAM COLLEGE POST, 1ST MAIN ROAD
NEAR NIMHASN, BANGALORE 560029
REP BY ITS DIRECTOR.
8. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES
REP BY ITS VICE CHANCELLOR
30TH CROSS, OPP TO SAGAR HOSPITAL
4TH T BLOCK, PATTABHIRAMANGARA
JAYANAGAR, BENGALURU 560041.
...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R2
SRI. N.K. RAMESH, ADV., FOR R3
SRI. N. KHETTY, ADV., FOR R4)
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W.P. No.32729/2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE
DIRECTION OR WRIT OF CERTIORARI OR ANY OTHER ORDER
QUASHING ORDER DATED 01.07.2024 AT ANNEXURE-A IN
BEARING No. MED 59 RGU 2024. DECLARE THAT THE SEAT
ALLOTTED TO THE RESPONDENT No. 6 IN M. D. RESPIRATORY
MEDICINE IN RESPONDENT No. 8 IS ILLEGAL AND BAD IN LAW
& ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This writ petition is filed seeking the following
reliefs:
"a) To issue direction or Writ of Certiorari
or any other order quashing order dated
01.07.2024 at Annexure-A in bearing No. MED
59 RGU 2024.
b) To declare that the seat allotted to
the respondent No.6 in M.D. Respiratory
medicine in respondent No.8 is illegal and bad in
law.
c) Pass necessary orders in the facts
and circumstances of the case in the interest of
justice and equity."
2. Heard the learned counsel for the petitioner.
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3. It is submitted by the learned counsel for the
petitioner that the allotment of the seat to respondent
No.6 has been found to be illegal in an earlier round of
writ petition in WP.No.7951/2022 filed by the writ
petitioner herein. It is submitted that since the
cancellation of allotment of seat to the petitioner in M.D.
Respiratory Medicine at Rajeev Gandhi Institute of Chest
Diseases was found to be bad in law and was found to
have been made only to accommodate respondent No.6,
the writ petition had been allowed and the KEA was
inflicted with cost of Rs.1,00,000/- payable to the writ
petitioner. It is submitted that the SLP filed by respondent
No.6 as against the said judgment was also dismissed on
07.03.2024. It is submitted that thereafter, an order has
now been passed allotting another vacant seat in the very
same institution to respondent No.6. It is submitted that
since respondent No.6 was found not entitled to the seat
which was allotted to the petitioner, the action of the
respondent in having allotted another seat to respondent
No.6 is also illegal and ought to be set aside.
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4. The learned counsel appearing for the KEA as
well as the learned government advocate appearing for
the other respondents would submit that respondent No.6,
on being allotted the seat on 02.03.2022, had completed 2
years of study of the MD course and it was thereafter that
the judgment in WP.No.7951/2022 was rendered on
22.02.2024. It is submitted that thereafter, respondent
No.6 had made request before all the authorities including
MCC and NMC pointing out that there was another seat in
the All India Quota which had fallen vacant since the
student who has allotted to that seat left within a few
months of the start of the course. It was after considering
the said representation submitted by respondent No.6 that
the seat was allotted to respondent No.6 since he
had admittedly completed 2 years of study in the MD
course and that it was found to be unlikely that the other
seat which had fallen vacant in the All India Quota would
be filled since 2 years of the MD course was already over.
It is further submitted that the NMC by an order dated
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21.05.2024 had also approved the admission of
respondent No.6 in the seat which had fallen vacant in the
All India Quota. The copy of the order is also placed on
record.
5. Having considered the contentions advanced on
either side, we notice that there was no allegation raised
that respondent No.6 is ineligible for an admission in the
in-service Quota to MD in Respiratory Medicine. The
finding in the judgment in WP.No.7951/2022 was to the
effect that the cancellation of the seat allotted in favour of
the writ petitioner without notice to the writ petitioner was
bad in law and that it was made so as to offer an allotment
to respondent No.6. However, in view of the fact that
respondent No.6 had continued the course from
02.03.2022 till the judgment was rendered on 22.02.2024
and since the NMC has also now permitted the admission
of respondent No.6 as against another vacant seat, we do
not find any reason to interfere at the instance of the writ
petitioner who cannot be said to be aggrieved by the
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admission granted to respondent No.6. The writ petition
fails and is accordingly dismissed.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
ABK
