Back
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER 2022
PRESENT
THE HON9BLE MR. JUSTICE ALOK ARADHE
AND
THE HON9BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.P. No.20701 OF 2022 (EDN-RES)
C/W
W.P. No.20917 OF 2022 (EDN-RES)
W.P. No.20921 OF 2022 (EDN-RES)
IN W.P. No.20701 OF 2022
BETWEEN:
VYDEHI INSTITUTE OF MEDICAL SCIENCES
AND RESEARCH CENTRE
NO.82, EPIP AREA, WHITEFIELD
BANGALORE-560066
REPRESENTED BY ITS PRINCIPAL/DEAN
DR. SHREEDHAR VENKATESH
AGED ABOUT 59 YEARS
S/O LATE KANNAIAH
R/O BENGALURU.
... PETITIONER
(BY MR. MADHUSUDHAN R. NAIK, SR. COUNSEL FOR
MR. SURAJ NAIK, ADV.,)
AND:
1.
STATE OF KARNATAKA
REP. BY ITS SECRETARY
2
DEPARTMENT OF HEALTH AND
FAMILY WELFARE, (MEDICAL EDUCATION)
M S BUILDING, BANGALORE-560001.
2.
DIRECTORATE OF MEDICAL EDUCATION
ANANDRAO CIRCLE, BENGALURU-560009
REPRESENTED BY DIRECTOR.
3.
KARNATAKA EXAMINATION AUTHORITY (KEA)
(DESIGNATED COMMON COUNSELLING AUTHORITY)
18TH CROSS, SAMPIGE ROAD
MALLESHWARAM, BENGALURU-560012
REPRESENTED BY THE EXECUTIVE DIRECTOR.
4.
ASSOCIATION OF MINORITY PROFESSIONAL
COLLEGES IN KARNATAKA (AMPCK)
UNIT NO.205, LAKSHMI APARTMENTS
NO.6, CORNWELL ROAD, LANGFORD GARDEN
RICHMOND TOWN, BANGALORE-560025
REPRESENTED BY ITS SECRETARY.
... RESPONDENTS
(BY MR. DHYAN CHINNAPPA, AAG FOR
MR. LAKSHMINARAYAN, AGA FOR R1 & R2
MR. N.K. RAMESH, ADV., FOR R3
MR. D.N. NANJUNDA REDDY, SR. COUNSEL FOR
MR. ROHAN HOSMATH, ADV., FOR R4)
- - -
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION
OF
INDIA,
PRAYING
TO
ISSUE
AN
APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE
OF CERTIORARI, AND QUASH THE IMPUGNED SEAT MATRIX
PUBLISHED BY THE RESPONDENT No-3 AND HOSTED ON
WEBSITE OF KARNATAKA EXAMINATION AUTHORITY VIDE
(ANNEXURE-F, G, AND H) IN SO FAR AS IT PERTAINS TO
ALLOCATION OF SEATS OF THE PETITIONER INSTITUTION IS
CONCERNED AND BY ISSUANCE OF A MANDAMUS DIRECT
TO RE-WORK THE APPORTIONMENT ON PAR WITH OTHER
INSTITUTIONS TAKING ENTIRE SANCTIONED INTAKE FOR
3
APPORTIONMENT AND. ISSUE AN APPROPRIATE WRIT, OR
DIRECTION IN THE NATURE OF CERTIORARI, AND QUASH
THE IMPUGNED FEE NOTIFICATION HOSTED ON WEBSITE
OF
KARNATAKA
EXAMINATION
AUTHORITY
VIDE
(ANNEXURES-K) IN SO FAR AS IT PERTAINS TO NOTIFY THE
FEE PAYABLE FOR DIFFERENT CATEGORIES OF ADMISSION
IN PETITIONER INSTITUTION AND BY ISSUANCE OF THE
MANDAMUS DIRECTING TO RE WORK THE FEE STRUCTURE
PROVIDING ONLY FOR 20 PERCENT FEE CONCESSION FOR
GOVERNMENT CATEGORY ADMISSIONS ON RE WORKING
OUT AT THE CURRENT FEE FIXED AT Rs.12,48,176/- WHICH
WORKS
OUT
TO
RS.9,98,540/-
Rs.2,49,638/-
AND
Rs.1,25,576/- RESPECTIVELY FOR CLINICAL PARA-CLINICAL
AND PRE-CLINICAL COURSES & ETC.
IN W.P. No.20917 OF 2022
BETWEEN:
DR. B.R. AMBEEDKAR MEDICAL COLLEGE
48, INDRAJITSWAMY LAYOUT
SHAMPUR MAIN ROAD, SHAMPURA
BENGALURU, KARNATAKA-560045
REPRESENTED BY ITS PRINCIPAL
DR. B.S. RAMESH
S/O LATE B. SHAMBU RAO
AGED ABOUT 53 YEARS.
... PETITIONER
(BY MR. K. SHASHI KIRAN SHETTY, SR. COUNSEL FOR
MR. PAVAN G.N. ADV.,)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
(MEDICAL EDUCATION), M S BUILDING
BANGALORE-560001.
4
2.
DIRECTORATE OF MEDICAL EDUCATION
ANANDRAO CIRCLE, BENGALURU-560009
REPRESENTED BY DIRECTOR.
3.
KARNATAKA EXAMINATION AUTHORITY (KEA)
(DESIGNATED COMMON COUNSELLING AUTHORITY)
18TH CROSS,, SAMPIGE ROAD
MALLESHWARAM, BENGALURU-560012
REPRESENTED BY THE EXECUTIVE DIRECTOR.
4.
THE KARNATAKA PROFESSIONAL COLLEGE
FUNDATION, NO.132, 2ND FLOOR
11TH MAIN, 17TH CROSS
MALLESHWARAM, BANGALORE-560055
REPRESENTED BY ITS SECRETARY.
... RESPONDENTS
(BY MR. DHYAN CHINNAPPA, AAG FOR
MR. LAKSHMINARAYAN, AGA FOR R1 & R2
MR. N.K. RAMESH, ADV., FOR R3)
- - -
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
RECORDS
OF
THE
PROCEEDINGS
BEFORE
THE
RESPONDENTS AND BE PLEASED TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED
SEAT MATRIX PUBLISHED BY RESPONDENT NO.3 AND
HOSTED ON WEBSITE OF KARNATAKA EXAMINATION
AUTHORITY VIDE (ANENXURES-F, G, H AND J) INSOFAR AS
IT
PERTAINS
TO
ALLOCATION
OF
SEATS
OF
THE
PETITIONER
INSTITUTION
IS
CONCERNED
AND
BY
ISSUANCE OF A MANDAMUS DIRECT TO RE-WORK THE
APPOINTMENT ON PAR WITH OTHER INSTITUTIONS TAKING
ENTIRE SANCTIONED INTAKE FOR APPOINTMENT AND.
ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY
OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASH
THE IMPUGNED FEE NOTIFICATION HOSTED ON WEBSITE
5
OF
KARNATAKA
EXAMINATION
AUTHORITY
VIDE
(ANENXURES-K) INSOFAR AS IT PERTAINS TO NOTIFY THE
FEE PAYABLE FOR DIFFERENT CATEGORIES OF ADMISSION
IN PETITIONER INSTITUTION AND BY ISSUANCE OF A
MANDAMUS DIRECTING TO RE-WORK THE FEE STRUCTURE
PROVIDING ONLY FOR 33 PERCENT FEE CONCESSION FOR
GOVERNMENT CATEGORY ADMISSIONS ON RE-WORKING
OUT AT THE CURRENT FEE FIXED AT RS.6,98,280/-,
RS.1,74,570/- AND RS.87,286/-, WHICH WORKS OUT TO
RS.1,41,40,172/-
PER
ANNUM
RESPECTIVELY
FOR
CLINICAL, PARA-CLINICAL AND PRE-CLINICAL COURSES &
ETC.
IN W.P. No.20921 OF 2022
BETWEEN:
NAVODAYA MEDICAL COLLEGE
NAVODAYA NAGAR, RAICHUR-584103
REPRESENTED BY ITS PRINCIPAL
DR. B. VIJAYCHANDRA
S/O LATE SRI. BALACHAKRISHNAN
AGED ABOUT 68 YEARS.
... PETITIONER
(BY MR. A. SHANKAR, SR. COUNSEL FOR
MR. SURAJ NAIK, ADV.,)
AND:
1.
STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
(MEDICAL EDUCATION)
M S BUILDING, BANGALORE-560001.
2.
DIRECTOR OF MEDICAL EDUCATION
ANAND RAO CIRCLE, BENGALURU-560009.
3.
KARNATAKA EXAMINATION AUTHORITY
18TH CROSS, SAMPIGE ROAD
6
MALLESHWARAM WEST, BENGALURU-560012
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
4.
ASSOCIATION OF MINORITY PROFESSIONAL
COLLEGES IN KARNATAKA
UNIT NO.205, LAKSHMI APARTMENTS
NO.6, CORNWELL ROAD, LANGFORD GARDEN
RICHMOND TOWN, BANGALORE-560025.
... RESPONDENTS
(BY MR. DHYAN CHINNAPPA, AAG FOR
MR. LAKSHMINARAYAN, AGA FOR R1 & R2
MR. N.K. RAMESH, ADV., FOR R3)
- - -
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION
OF
INDIA,
PRAYING
TO
ISSUE
AN
APPROPRIATE WRIT ORDER OR DIRECTION IN THE NATURE
OF DECLARATION DECLARING THAT CLAUSE 3(b)(ii) OF THE
CONSENSUAL
AGREEMENT
DATED
04.10.2022
VIDE
ANNEXURE-J IS NOT BASED ON CONSENSUS BUT AN
IMPOSED TERM AND HENCE WOULD NOT APPLY TO THE
PETITIONER. ISSUE AN APPROPRIATE WRIT, ORDER OR
DIRECTION IN THE NATURE OF THE CERTIORARI, AND
QUASH THE IMPUGNED SEAT MATRIX PUBLISHED BY THE
RESPONDENT
No-3
AND
HOSTED
ON
WEBSITE
OF
KARNATAKA EXAMINATION AUTHORITY VIDE (ANNEXURES-
P, Q, AND R RESPECTIVELY) INSOFAR AS IT PERTAINS TO
ALLOCATION OF SEATS OF THE PETITIONER INSTITUTION IS
CONCERNED AND BY THE ISSUANCE OF A MANDAMUS
DIRECT TO RE-WORK THE APPOINTMENT ON PAR WITH
OTHER INSTITUTIONS TAKING ENTIRE SANCTIONED INTAKE
FOR
APPORTIONMENT
WHILE
CONFINING
THE
RESERVATION UNDER ARTICLE 371-J TO THE 20 PERCENT
SEATS MADE AVAILABLE TO THE STATE GOVERNMENT &
ETC.
7
THESE W.Ps. HAVING BEEN HEARD AND RESERVED
FOR
ORDERS
ON
28.10.2022,
COMING
ON
FOR
PRONOUNCEMENT OF ORDERS THIS DAY, ALOK ARADHE J.,
MADE THE FOLLOWING:
The
petitioners
in
W.P.No.20701/2022
and
W.P.No.20921/2022 are minority educational institutions
established and administered by the Trust. Similarly,
petitioner in W.P.No.20917/2022 is an educational
institution administered by the Trust. The petitioners are
aggrieved by the action of the State Government in
drawing up a seat matrix and in notifying the fee
structure for admission to various post graduate courses
for academic year 2022-23. In order to appreciate the
grievance of the petitioners, few relevant facts need
mention. For the facility of reference, facts from
W.P.No.20701/22 are being referred to.
2.
The petitioner is a private unaided linguistic
minority institution, which was established and is being
administered by Srinivasa Trust primarily for the benefit
of members of Telugu linguistic minority community in
8
the State of Karnataka. For the academic year 2022-23,
the State Government had prepared draft terms of
consensual agreement and shared it with respondent
No.4, which is an association of minority professional
colleges in the State of Karnataka (hereinafter referred to
as 'the association' for short). The association in turn
shared it with its members including the petitioner for
deliberation and consideration. The petitioner thereupon
submitted
a
representation
on
07.07.2022
and
19.09.2022 expressing serious reservations and concerns
in respect of various clauses in the draft agreement.
3.
However,
the
Karnataka
Examination
Authority (hereinafter referred to as 'the authority' for
short) issued a notification on 19.09.2022 inviting
applications from candidates who had qualified for NEET
PG 2022 / NEET MDS - 2022 for grant of admission to
post graduate courses for the academic year 2022-23. On
08.10.2022 a calendar of events indicating the seats for
PG medical and dental admissions for academic year
9
2022-23 was published. The association entered into a
consensual agreement with Government of Karnataka on
04.10.2022 in the matter of regulating admissions and
fee structure of post graduate courses in private
professional colleges for the academic year 2022-23.
Thereafter, on 09.10.2022 seat matrix was published.
4.
The petitioner on perusal of seat matrix found
that while in respect of several other institutions the
overall intake across all PG streams had been factored in
for the purposes of such apportionment, keeping in view
the fact that the increase of fee structure has been
confined only to management quota seats, in case of the
petitioner, the distribution of seats is taken up on course
wise basis.
5.
The
petitioner
thereupon
submitted
a
representation on 13.10.2022 to the Association to
immediately withdraw from Central counseling conducted
by the authority in view of discrepancy in seat matrix for
admission to Post Graduate Degree / Diploma courses for
10
the academic year 2022-23. In the representation, it was
stated that fee being charged / chargeable was
Rs.12,48,176/-,
Rs.3,12,048/-
and
Rs.1,56,971/-
respectively for clinical, para clinical and pre clinical
courses. It was further stated that concession agreed to
be given was 20% of the said amount Rs.9,98,540/-
Rs.2,49,638/- and Rs.1,25,576/-. However, in the
impugned notification, the 20% of concession was worked
out to Rs.6,98,280/- Rs.1,74,570 and Rs.87,286/- in
respect of clinical, para clinical and pre clinical courses
respectively.
6.
The petitioner thereafter submitted detailed
representations on 14.10.2022 and 16.10.2022. The
petitioners filed these writ petitions, in which writ of
certiorari has been sought for quashment of impugned
seat matrix as well as fee notification issued by the
authority. The petitioners in addition seek a writ of
mandamus directing the authority to consider petitioners
seat distribution list submitted on 07.10.2022. The
11
petitioners also seek a writ of mandamus directing the
Government of Karnataka to determine the fee, through a
fee fixation committee for the block period 2022 till 2025.
7.
Learn
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
