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2022 Supreme(Kar) 399
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B. Veerappa, K.S. Hemalekha, JJ.
Mr. N. Shreyas and Ors. – Petitioners
Versus
The State Of Karnataka, Department Of Higher Education and Ors. – Respondents
Writ Petition No. 12121 of 2022 (EDN-RES)
Decided On : 22-08-2022
Advocate Appeared:
For the Petitioner:Sri P.P. Hegde, Senior Counsel A/W Sri Ankit Chaharia, Advocate for Sri Ganapathi Bhat, Advocate
For the Respondent:Sri Laxminarayan, AGA, Sri N.K. Ramesh, Advocate
Point of Law: Under the provisions of Section 23 of the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act which is enacted in the year 2006 in order to avoid inconvenience to the students and their parents, who are working on transfers outside the State of Karnataka, the State Government is bound to clarify by framing appropriate rules by setting right the anomalies in the Government Order to provide seats to students, who aspire for PG-NEET Course and it cannot sit on the fence driving the students unnecessarily before this Court.
Headnote:
Constitution of India, 1950 - Articles 14 and 371-J - Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 - Section 4, 14(1), (2), 2(c), (e), (f), (i) - Karnataka Professional Educational Institutions (Regulation Of Admission And Determination Of Fee) Act, 2006 - Section 23, 2, (kk), (m), 18, 9 and Rule 23 - Karnataka Conduct of Entrance Test for Selection and Admission to Postgraduate Medical and Dental Degree and Diploma Courses Act, 2006 - Rule 4 - Seats for Post Graduation - Extend Benefit of Exemption/Eligibility - Whether petitioner has made out a case to issue direction to respondent to consider representation as per Annexure-M - Whether petitioner has made out a case to extend exemption being granted to Government seats and private seats - Whether petitioner claims that he belongs to linguistic minority community and is entitled to linguistic minority seats in a linguistic minority institutions - Whether petitioner has made out a case to quash condition No.2 of Government Order issued by respondent No.1 vide Annexure –Q insofar as it pertains to students whose parents are employed under service of Government and have been residing outside State of Karnataka on account of transfer by Government during relevant period. [Para 53]
Finding of the Court: Admittedly, in present case, though Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, came into force in year 2006, Court is now in year 2022 and even after a lapse of more than 16 years, Government cannot sit on fence allowing students and their parents to approach/knock doors of this Court every year for their admission to Post Graduate Courses and it is for State Government to open its eyes to frame proper rules as contemplated under provisions of Rule 23 of Act - Persons like present petitioner, whose parents are on transfers outside State due to posts held by them are facing trouble, same has to be clarified by State Government by framing proper rules acting as a parental society - Petitioner No.1 is permitted to make representation to concerned authorities as contemplated under Government Order within a period of one week from date of receipt of a copy of this order and on such, receipt of representation, authorities shall consider same and pass appropriate orders within a period of two weeks from date of receipt of said representation - It is high time for State Government to make rules as contemplated under provisions of Rule 23 of Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006 - Relief sought in prayers-(b), (d) and (e) cannot be granted for reasons stated supra and accordingly, said prayers are hereby rejected - It is needless to observe that petitioner No.1 is entitled to Government Seat in Government Colleges and Government Seat in Private Colleges in accordance with procedure contemplated and Bulletin/Guidelines issued by Karnataka Examination Authority for PG-NEET.
Result: Petition allowed in part.
ORDER :
B.Veerappa, J.
The petitioner No.1, who is the aspirant to P.G. seat and has taken NEET – PG 2022 Exams and secured All India Rank of 43445 and eligible for participating in the upcoming counselling and the 2nd petitioner, who is the father of the 1st petitioner, are before this Court seeking the following reliefs:
a) Issue a Writ Mandamus or directions, directing the respondents to consider the representation dated 06/06/2022 vide Annexure 'M' submitted by the petitioner before finalizing the Government of Karnataka Examination Authority Bulletin/Guidelines of PG-NEET for the year 2022.
b) Issue appropriate writs or directions to the respondents to extend the exemption being granted to the Governments Seats (As per Clause 4) and Private Seats (as per Clause 4.2 A) under the Government of Karnataka Examination Authority Bulletin/Guidelines of PG-NEET-2021 vide Annexure 'D' to the Linguistic Minority (MU-Tulu) under the Eligibility Private Seats (As per Clause 4.2D) in the Karnataka Examination Authority Bulletin/Guidelines of PG-NEET for the year 2022.
c) Issue appropriate Writs or orders quashing the condition No.2 in the Government Order No. ED 165 Mahiti 2018 dated 12/09/2018 issued by Respondent No.1 vide Annexure 'Q', in so far as it pertains to the students whose parents (employed under the services of the Government), have been residing outside State of Karnataka on account of transfer by the Government, during the relevant period of the study of concerned student from 1st Standard to 12th Standard; and consequently.
d) Issue appropriate Writs/orders, declaring that the condition No.2 in the Government Order No.ED 165 Mahiti 2018 dated 12/09/2018 issued by Respondent No.1 vide Annexure 'Q' is not applicable to the children of parents employed under the services of the Government, who have been residing outside State of Karnataka on account of transfer by the Government, during the relevant period of the study of concerned student from 1st Standard to 12th Standard;
I. Facts of the case
2. It is the case of the petitioners that petitioner No.1 is the domicile of the State of Karnataka and belongs to Tulu-Linguistic Community and has completed MBBS and is completing his internship in the A.J Institute of Medical Sciences and Research Center, Mangalore affiliated to Rajiv Gandhi University of Health Sciences, Bangalore. Petitioner No.1 had availed admission to the MBBS Course in the above said College under the Linguistic Minority Category (Tulu-MU). Petitioner No.1 has taken NEET-PG 2022 Exams for the purpose of Post Graduation and has secured All India Rank of 43445 and is eligible for participating in the upcoming counseling.
3. It is further case of the petitioners that petitioner No.1 is eligible to avail seat for the Post Graduation Course under the Linguistic Minority Category (Tulu-MU). The seats for Post graduation Course under the Private Seats Linguistic Minority category are in the institutions viz., (1) A.J Institute of Medical Sciences and Research Center and (2) Srinivas Institute of Medical Sciences and Research Center as both the institutions are registered under Tulu Linguistic Minority Category and provide a certain percentage of reserved seats in the various courses of Post Graduation. However on going through the Karnataka Examination Authority Guidelines of PG-NEET-2021, it is observed that the eligibility to avail reservation under the Linguistic Minority (MU-Tulu) is as under:
“3.2 ELIGIBILITY for Private seats
D. Linguistic Minority (MA, ME, MK, MU):
i) Linguistic Minority Reservation is applicable to persons belonging to linguistic minority of the Karnataka state whose mother tongue is Tamil or Telugu or Kodava or Tulu and
ii) A candidate who has studied and passed in one or more Government or Government recognized, educational institutions located in the State of Karnataka for a minimum period of TEN academic years as on the 31st March 2021, commencing from 1st standard to 12th and must have appeared
