IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WRIT PETITION NO. 16333 OF 2023 (EDN-RES)

BETWEEN:

MISS SOUMYA SINHA

D/O MR. SHARAD SINHA AGED ABOUT 17 YEARS,

SINCE MINOR REPRESENTED BY

HER FATHER AND NATURAL GUARDIAN

MR. SHARAD SINHA S/O LATE B PRASAD

Digitally AGED ABOUT 51 YEARS,

signed by

SUNITHA K S R/ NO. 3639, 13^TH G MAIN

Location: HAL 2nd STAGE,

HIGH COUR T

OF INDIRANAGAR

KARNATAKA

BENGALURU 560008

…PETITIONER

(BY SRI. ABHISHEK MALIPATIL., ADVOCATE)

AND:

1. STATE OF KARNATAKA

HIGHER EDUCATION DEPARTMENT,

DEPARTMENT OF TECHNICAL EDUCATION, M.S BUILDING, DR. AMBEDKAR VEEDHI, BENGLAURU 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18^TH CROSS, MALLESHWARAM BENGALURU 560012 REPRESENTED BY ITS EXECUTIVE DIRECTOR …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 SRI. N.K. RAMESH, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO PERMIT THE PETITIONER TO REGISTER FOR THE ARCHITECTURE COUNSELING UGCET 2023 AND TO SELECT B ARCH COURSE SEAT IN ACCORDANCE WITH HER MERIT FOR THE ACADEMIC YEAR 2023-24.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: *******

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

The petitioner filed this writ petition seeking a mandamus directing the respondents to permit the petitioner to register for the Architecture Counselling – UGCET-2025 and to select B.Arch course seat in accordance with her merit, for the academic year 2023-24.

2. This Court, vide order dated 28.07.2023, has passed the following order:

“Learned AGA is directed to accept notice for respondent No.1.

The captioned writ petition is filed by the petitioner feeling aggrieved by the action of respondents in not permitting the petitioner to register for Architecture Counselling - UGCET -2023 for the academic year 2023-

24.

Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents.

Perused the records.

The petitioner has appeared in National Aptitude Test in Architecture (NATA) 2023. She has taken in all three tests. Placing reliance on the marks scored by her in third test, she applied to participate in the counselling. The respondent No.2 -Authority has declined on the premise that since petitioner has failed to apply for registration as indicated in the Notification, she is not entitled to take counseling.

On examining the records, this Court would find that respondent No.2 - Authority has revised the eligibility criteria from 55% to 45%. I find some force in the submission made by the learned counsel appearing for the petitioner that unless the petitioner has eligibility to take up counseling conducted by respondent No.2 -

Authority, she could not have applied for registration.

The question as to whether the petitioner having failed to register within cut off date is entitled to apply for counselling needs deeper examination at the hands of this Court.

If petitioner having secured 107 marks in the third test conducted by the NATA, prima-facie, is entitled to apply for counseling. If permission to apply for counselling is declined at this juncture, that would cause serious prejudice to the petitioner.

Therefore, I am of the view that the petitioner is entitled to get herself registered for counselling to be conducted by respondent No.2 Authority subject to other edibility criteria. Permission to apply for counseling is subject to result of the writ petition.

Pending consideration of the writ petition, I am of the view that the petitioner is entitled to get herself registered for the Architecture Counseling - UGCET 2023 for the academic year 2023-24 and in the event, she is found to be eligibility, it is goes without saying that the respondent No.2 - Authority shall permit her to take counselling.”

3. Pursuant to the interim order, the petitioner got herself regis