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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B.VEERAPPA, K.S.HEMALEKHA, JJ.
Sri Venkateshwara Dental College And Hospital, Represented By Its Principal Dr. Uma Dinesh – Appellant
Versus
The State Of Karnataka, Represented By Its Principal Secretary – Respondent
Writ Petition No.12902 of 2022 (EDN-MED ADM) C/w Writ Petition No.12946 of 2022 (EDN-MED ADM)
Decided on : 07-09-2022
Constitution of India, 1950 - Articles 226 and 227 - Admissions - Open Website/Portal - Approve Admissions - Whether petitioner-students who have not registered with Karnataka Examination Authority and petitioners No.1-colleges are entitled to writ of mandamus to Karnataka Examination Authority directing to admit petitioner-students to BDS course for Academic Year- Whether petitioners have made out a case to direct respondent No.4-Dental Council of India and respondent No.7 to approve admissions of petitioner-students to BDS course for Academic Year in facts and circumstances of present cases.
Finding of the Court: For reasons stated, first point raised for consideration is answered in negative holding that petitioners have not made out any ground to direct Karnataka Examination Authority to admit petitioner-students to petitioners No.1-college to BDS course for Academic Year - Accordingly, 2nd point is also answered in negative holding that petitioners have not made out a case to direct respondent No.4-Dental Council of India and respondent No.7 University of Health Sciences to approve admissions of petitioner-students to BDS course for Academic Year - It is relevant to state at this stage that, because of petitioners No.1-college petitioner-students approached Court believing that they get relief before this Court and they will get admission in college - Thereby, precious time of petitioner-students has been wasted - So also, petitioners have wasted Court time for more than half a day, depriving other genuine litigants - Experience of this Court is that in recent years there has emerged a trend of filing speculative litigations before various Courts of law, not just in Court of first instance, but also in High Court as well as before Hon'ble Supreme Court - It is duty of Courts to ensure that such litigations shall be weeded out at first instance rather than allowing to be festered and thereby coming in way of genuine litigants seeking justice treating Court as "Temple of Justice" and to protect precious public & judicial time of court - Therefore, petitioners No.1-colleges are liable to pay cost for wasting precious Court time.
Result: Petitions dismissed.
ORDER :
Sri Venkateshwara Dental College and Hospital represented by its Principal along with two students who are said to be the aspirants of getting admission to BDS Course have filed W.P.No.12902/2022 for the following reliefs:
(b) Permit petitioner No.1 Institution to admit petitioners 2 and 3 for the BDS course for the academic year 2021-22.
(c) Further direct respondent No.4 namely the Dental Council of India, to approve the admissions of petitioners 2 and 3 to BDS course, for the academic year 2021-22.
(d) Further direct Rajiv Gandhi University of health Sciences, respondent No.7 herein, to approve the admissions of petitioner No.2 and 3 to BDS course, for the academic year 2021-22.
KVG Dental College and Hospital represented by its Principal along with four students who are also said to be the aspirants of getting admission to BDS course have filed W.P.No.12946/2022 for the following reliefs:
(b) Permit petitioner No.1 Institution to admit petitioners 2 to 5 for the BDS course for the academic year 2021-22.
(c) Further direct respondent No.4 namely the Dental Council of India, to approve the admissions of petitioners 2 to 5 to BDS course, for the academic year 2021-22.
(d) Further direct Rajiv Gandhi University of health Sciences, respondent No.7 herein, to approve the admissions of petitioner No.2 to 5 to BDS course, for the academic year 2021-22.
2. Since common point for consideration is involved in these two writ petitions, both are clubbed together, heard and disposed off by this common Order.
I. FACTS OF THE CASE
3. The case of the petitioners is that, the petitioner No.1 College in W.P.No.12902/2022 is one of the oldest educational institution which was initially started by Nehru Smaraka Vidya Kendra and later taken over by Dr.Kurunji Venkataramana Gowda, popularly known as KVG, who was a Gandhian in his spirit and action. The petitioner No.1-college in W.P.No.12946/2022 is also an oldest educational Institution in Sullia Taluk, established by aforesaid Dr.Kurunji Venkataramana Gowda, and he was responsible for making Sullia Taluk as Vidya Kashi. The petitioner No.1-institutions obtained the requisite permission from the Government and affiliation from the respondents viz., The Dental Council of India-respondent No.4, Rajiv Gandhi University of Health Sciences-respondent No.7. The National Eligibility Entrance Test (NEET) is the qualifying test for MBBS and BDS programmes and it is conducted by the National Testing Agency (NTA). The procedure for admission to MBBS and BDS courses, is as follows:
(b) The students who qualify in the NEET with the required ranking, will have to apply to the Karnataka Examination Authority (KEA) respondent No.3 and have to register themselves and the said registration of the students are done online.
(c) There will be three rounds of counselling for Admission to MBBS courses which includes the third and final MOP-UP counselling.
(d) There will be a gap of about 10 days to fill up any stray vacancies for MBBS courses.
(e) Thereafter, the next round of counselling will be for the students who wish to choose BDS courses and there will be three rounds of counselling including the stray vacancy round.
(f) The students who intend to choose BDS courses have to follow the schedule notified by the Medical Counselling Committee (MCC), which is a wing of respon
Adherence to the schedule fixed by the Supreme Court for B.Ed admissions is crucial for fair and transparent admission process in B.Ed colleges.
The court has the discretion to issue a writ of mandamus based on the peculiar facts of a case, directing an authority to take specific actions as an exception.
The main legal point established in the judgment is that the admission of the petitioners to the BDS Course was within the prescribed timeline, and the impugned communication from the Dental Council ....
Admission into Postgraduate Course in Dental Sciences – Undue sympathy would lead to perpetuating illegality and giving premium to students who got admissions illegally.
The restriction preventing managements from filling up all the seats in medical courses was found to be unreasonable and violative of constitutional articles.
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