Heard learned counsel - Sri.S.Rajshekhar for the

petitioner and learned counsel - Sri.N.K.Ramesh for the

respondent No.2 - Karnataka Examinations Authority (for

short 'KEA').

The case of the petitioner is that she belongs to

'Roman Catholic Denomination of the Christian religion and

that having completed her Under Graduation MBBS Course

with First Class marks, had desired to pursue a Post

Graduation Course and in that regard, she had participated

in NEET Examinations and was assigned All India Ranking

of 98870 on securing the score of 294. That in the

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application she has categorically mentioned her religion as

'Christian' and religion group as 'Roman Catholic'.

3.

It is the case of the petitioner that there is a

reservation of seats in one of the Institutions namely,

St.John's Medical College & Hospital, Bengaluru, wherein

certain seats are reserved for candidates hailing from the

Roman Catholic Denomination of the Christian religion and

that the petitioner being eligible, the respondents are not

permitting the petitioner to participate in the second round

of Counselling.

4.

Learned

counsel

-

Sri.N.K.Ramesh

for

respondent No.2 - KEA would vehemently dispute the

same. He would submit no doubt that the particulars

furnished in the application is in order, but the petitioner

has not produced the original of the documents and is

attempting gain entry in the last moment. He would

further contend that the petitioner has been considered in

the religious minority quota of the Christian faith, but he

would submit that the Institution being autonomous

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Institution, the petitioner's application has not been

considered against the seats reserved for the Roman

Catholic as the original of the documents had not been

submitted at the relevant point of time.

5.

Be that as it may. Though we would have

ordinarily leaned in favour of the authority, but yet,

keeping in view the performance of the petitioner in her

Under Graduation Course i.e., the marks obtained by her

as reflected in Annexure-A, itself being the online

application form issued by the respondent No.2 -KEA for

the PGET-2023 Course, the petitioner appears to have

consistently scored First Class marks in all years of

medical education and it is recorded that she has obtained

over-all marks of 3141 out of the possible 5050 marks

read over for a period of four years.

6.

That apart, the petitioner has also clearly

described her religious Denomination as 'Roman Catholic'

and her religion as 'Christian' and it is not in dispute that

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the students hailing from Roman Catholic class are entitled

for a seat in the Institution.

7.

That apart, the verification of testimonials being

at the hands of the Institution, non production of the

originals

before

the

Examination

Authority

in

our

considered opinion should not be put against the

candidates who otherwise is qualified and eligible to

pursue a course in Post Graduation.

8.

In that view of the matter, it would be equitable

if the writ petition is disposed of by directing the

respondents-authorities to receive the original documents

and permit the petitioner to participate in the second

round of PGET-2023 Counselling and it is made clear that

the Counselling shall be in respect of the seats reserved

for the ‘Roman Catholic’ students and in St.John’s Medical

College & Hospital, Bengaluru.

ORDER

(1)

Writ petition is disposed of accordingly.

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(2)

This order shall be communicated by

Sri.N.K.Ramesh, learned counsel to the

respondents-Authorities

and

the

Authorities shall permit the petitioner to

participate in the PGET-2023 Counselling

in respect of the seats reserved for the

'Roman Catholic' in St. John's Medical

College & Hospital, Bengaluru, without

waiting for the complete order copy of the

writ petition.

Sd/-

JUDGE

Sd/-

JUDGE

DR

List No.: 2 Sl No.: 1