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.

JUDGMENT

S. Sunil Dutt Yadav J. - The petitioner has sought for issuance of writ of mandamus to direct the respondent-Karnataka Examination Authority to consider the representation dated 22.12.2022 vide Annexure-'F' and grant such other reliefs.

2. It is stated that petitioner hails from Basavakalyan, one of the backward parts of the State and due to bonafide reasons including lack of proper facilities etc., the petitioner's access to availability of computer and Internet facility being sparse, the petitioner could not get herself registered within the time prescribed by the Authority.

3. It is submitted that the time prescribed for registration to avail the benefit of counseling process was extended from 13.12.2022 to 17.12.2022 within which time the petitioner was able to get herself registered for the reasons as stated and pleaded in the petition.

4. The petitioner submits that she has made a representation dated 22.12.2022 at Annexure-'F' and has sought for affording her an opportunity to participate in the counseling process.

5. Sri. K.M.Prakash, learned counsel appearing for the Karnataka Examination Authority would submit that the date for registration have been extended from 13.12.2022 to 17.12.2022 and some sanctity ought to be attributed to such dates and the Karnataka Examination Authority by itself has no power to consider the representation. It is further submitted that the list of names to Medical and Dental Colleges have already been sent on 20.12.2022.

6. Heard both sides.

7. Sri.Madhusudhan R. Naik, learned Senior Counsel appearing for the petitioner would submit that in the event the admission is not complete by 28.12.2022, the seats would lapse and no admission could be made. It is submitted that tomorrow is the last date for completing the admission procedure as per the date extended by the Apex Court and any accommodation made as an exceptional case, in light of the circumstances made out ought not to cause prejudice to any of the parties. It is submitted that tomorrow is the last date for completion of admission process and if the seats remain unfilled, same would lapse.

8. Taking note of the peculiar facts pleaded in the writ petition including at Para 2, it would be an appropriate case to exercise discretion by directing the Karnataka Examination Authority to forward the name of the petitioner to the requisite authority.

9. It is made clear that this direction that is passed is in light of the peculiar facts of the case and will not be treated as precedent. It is noticed that tomorrow is the last date for completion of admission process and hence this order cannot be made use of by others as well. It is also to be noticed that the date of 20.12.2022 fixed for forwarding the names is one that is framed by MCC and not by the order of the Apex Court. Accordingly, while maintaining the last date for admission fixed by the Apex court, which date cannot be modified or altered and the only order passed in the present case is to forward the name to the authorities.

10. Accordingly, the petition is allowed and the Karnataka Examination Authority is directed to accept the representation of the petitioner at Annexure-'F' dated 22.12.2022 and pass necessary orders so as to send the name of the petitioner while making it clear that such order passed would be treated to be exception and in terms of the order passed by this court.

11. Accordingly, the petition is disposed off.