Point of Law : Article 371J of the Constitution of India reads as President is empowered to provide that the Governor of Karnataka would have special responsibility for The establishment of a separate development board for the Hyderabad-Karnataka region.

ORDER :

Anant Ramanath Hedge J.,

Lack of consensus among the contracting parties to the consensual agreement dated 19.01.2022, in interpreting and implementing its terms has brought this lis before the court.

2. These two writ petitions are filed under Article 226 of the Constitution of India, by a linguistic minority educational institution seeking a writ of certiorari as well as a writ of mandamus. The petitioner is praying to quash the revised seat matrix for admission to postgraduate and undergraduate courses in medicine for the academic year 2021-2022. The petitioner also seeks a writ of mandamus against the third respondent – Karnataka Education Authority to direct the third respondent to hold counselling for admission to a postgraduate and undergraduate course in Medicine by allowing eligible Telugu linguistic minority students in the entire State of Karnataka to apply for postgraduate and undergraduate seats in Medicine in the petitioner’s institution.

3. In addition, the petitioner has also sought a declaration that respondent/State has no authority to classify the seats reserved for Telugu Linguistic minority students in the petitioner’s institution, as the seats available for admission only to Telugu linguistic minority students from the Hyderabad-Karnataka region. However, the claim regarding this prayer is not considered as a similar question is pending consideration in W.P. no.20201/2014 and connected matters.

4. The ‘consensual agreement’ dated 19.01.2022 for the academic year 2021-22, entered into among the 1st respondent-State, 5th respondent the Association of Minority Professional Colleges in Karnataka (for short, ‘AMPCK’) and Rajiv Gandhi University of Health Sciences, which is intended to record the consensus, among the contracting parties, in respect of seat sharing arrangement in minority professional educational institutions, incidentally, is the cause for the present petition. This is the position at least between the petitioner institution and the State when it comes to the allotment of seats in medical colleges run by the petitioner institution vis-a-vis the Hyderabad Karnataka region.

5. During the course of the hearing, it was brought to the notice of the parties to the proceeding that Rajiv Gandhi University of Health Sciences which is a party to the consensual agreement is not made a party to the petitions. It was submitted by the learned Senior counsel appearing for the petitioner, that verdict of the court, either way, will not affect the rights and liabilities of said University. This submission is not opposed by the respondents. Hence Rajiv Gandhi University of Health Sciences is not insisted to be made a party.

6. The petitioner in this case, which is a Telugu linguistic minority institution, is before the court to enforce its rights under the consensual agreement referred above. The agreement has statutory flavour and support in terms of Section 4A of Karnataka Professional Educational Institutions (Regulations of Admission and Determination of Fee) Act, 2006 (hereinafter referred to as ‘the Act of 2006’).

7. Writ Petition No.200345/2022 is filed, questioning Annexure-L, by which the seat matrix pertaining to the postgraduate course in medicine for the year 2021-22, published earlier, is withdrawn and a new seat matrix, revised on 30.01.2022, is introduced. Relief is also sought to quash Annexure-L1, the revised seat matrix.

8. Writ Petition No.200365/2022 is filed questioning Annexure-L the revised seat matrix in the undergraduate course in medicine.

9. In both the petitions, in addition to above said reliefs, prayer is also made to issue necessary order and direction to conduct counselling for undergraduate as well as postgraduate courses in medicine as per the earlier seat matrix which was withdrawn. As a result of the revised seat matrix, only Telugu Linguistic minority students residing in Hyderabad-Karnataka region are allowed to apply for admission for the postgraduate course in medicine in a