O R D E R

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 and passed