WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 1 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE7H DAY OF JULY2017PRESENT R THE HON’BLE MR. JUSTICE H.G.RAMESH AND THE HON’BLE MRS. JUSTICE K.S.MUDAGAL WRIT PETITION NO.23448/2017 (EDN-CET) C/W WRIT PETITION NOS.6768-6774/2017, 15477/2017, 17126/2017, 24546/2017, 24648/2017, 24649/2017, 24738/2017, 24739/2017, 24740/2017, 24767/2017, 24983/2017, 25147/2017, 25148/2017, 25587/2017, 25723/2017, 25923/2017 & 25925/2017 (EDN-CET) IN W.P NO.23448/2017: BETWEEN: SOUNDARYA MUTHUMARI D/O SRI ESAKKI MUTHUMARI AGED ABOUT17YEARS (MINOR) R/AT NO.108, R.K.BLOCK203RD MAIN ROAD, HOYSALA NAGAR NEAR FMC, 6TH CROSS, RAMAMURTHY NAGAR BANGALORE NORTH – 560 016 MINOR REPRESENTED BY HER FATHER SRI ESAKKI MUTHUMARI (BY SRI D.VIJAYAKUMAR, ADVOCATE) AND:
1. UNION OF INDIA REP BY ITS PRINCIPAL SECRETARY MINISTRY OF HOME AFFAIRS ...PETITIONER WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 2 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 2.
3. 4.
5. 6.
7. NORTH BLOCK CENTRAL SECRETARIAT NEW DELHI-110 001 UNION OF INDIA REP BY ITS PRINCIPAL SECRETARY MINISTRY OF OVERSEAS INDIAN AFFAIRS AKBAR BHAWAN, CHANAKYAPURI NEW DELHI – 110 021 UNION OF INDIA REP BY ITS PRINCIPAL SECRETARY MINISTRY OF HUMAN RESOURCES DEPARTMENT NO.302-C, SHASTRI BHAWAN NEW DELHI-110 011 CENTRAL BOARD OF SECONDARY EDUCATION (AN AUTONOMOUS ORGANIZATION UNDER THE MINISTRY OF HUMAN RESOURCES DEPARTMENT) GOVERNMENT OF INDIA REP BY ITS CHAIRMAN “SHIKSHA KENDRA” 2 COMMUNITY CENTRE PREET VIHAR, NEW DELHI – 110 092 KARNATAKA EXAMINATIONS AUTHORITY REP BY ITS EXECUTIVE DIRECTOR SAMPIGE ROAD, 18TH CROSS MALLESWARAM BANGALORE – 560 012 CONSORTIUM OF MEDICAL ENGINEERING & DENTAL OF KARNATAKA (COMEDK) REP BY ITS SECRETARY NO.132, 2ND FLOOR11H MAIN, 17TH CROSS MALLESHWARAM, BANGALORE – 560 055 STATE OF KARNATAKA REP BY SECRETARY HIGHER EDUCATION DEPARTMENT WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 3 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 …RESPONDENTS VIDHANA SOUDHA BANGALORE – 560 001 (BY SRI PRABHULING K.NAVADGI, ASG A/W MS. M.R.SINCHANA, CGC FOR R1 TO R3; NOTICE TO R4 & R6 ARE DISPENSED WITH V/C/O DATED2706.2017; SRI N.K.RAMESH, STANDING COUNSEL FOR R5; SRI A.S.PONNANNA, AAG A/W MS. NILOUFER AKBAR, AGA FOR R7) WP NO.23448/2017 IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-5 TO PERMIT THE PETITIONER TO REGISTER HER NAME IN KARNATAKA EXAMINATIONS AUTHORITY AND TO APPEAR FOR THE COUNSELLING FOR ALLOTMENT OF MBBS/BDS SEATS IN GOVERNMENT AND PRIVATE MEDICAL AND DENTAL COLLEGES FOR THE YEAR20172018 BASED ON THE MARKS/RANK OBTAINED IN THE NEET UG MEDICAL COURSE ENTRANCE TEST CONDUCTED BY CENTRAL BOARD OF SECONDARY EDUCATION. IN W.P.NOS.6768-6774/2017: BETWEEN:
1. 2.
3. MR. PRANAV SHASTRY S/O MR. VENKATRAMANASHASTRY C.S. AGED18YEARS R/AT NO.49, 2ND CROSS10H BLOCK, 2ND STAGE NAGARABHAVI, BENGALURU – 560 072 MS. TRUPTHI V. REDDY D/O DR. VINODHA REDDY.K AGED18YEARS RESIDING AT NO.590 15TH CROSS, 15TH C MAIN HSR LAYOUT, SECTOR-4 BENGALURU – 560 102 MR. VARUN VYAS HEBBALALU S/O MR. KUMAR HEBBALALU WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 4 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 4.
5. 6.
7. AGED17YEARS RESIDING AT NO.963 14TH CROSS, BSK2D STAGE BENGALURU – 560 070 REPRESENTED BY HIS NATURAL GUARDIAN AND FATHER MR. KUMAR HEBBALALU MR. RAJEEV HARSHA SHREEDHAR S/O MR. T.S.SRIDHAR AGED18YEARS RESIDING AT APT. NO.601B STERLING RESIDENCY SCIENTIFIC NURSERY ROAD RMV2D STAGE BENGALURU – 560 094 MS. NANDINI VASUKI GARIMELLA D/O MR. SURENDRANATH GARIMELLA AGED17YEARS RESIDING AT BB703, BIRCH BLOCK SALARPURIA GREENAGE HOSUR ROAD, BOMMANAHALLI BENGALURU – 560 068 REP BY HER NATURAL GUARDIAN AND MOTHER MRS. GEETHA GARIMELLA MR. AADITYA R. SRINIVASAN S/O DR. RAMESH SRINIVASAN AGED ABOUT17YEARS7MONTHS RESIDING AT E1-504 SRIRAM WHITE HOUSE15H CROSS, 6TH MAIN R.T.NAGAR, BENGALURU – 560 032 REP BY HIS NATURAL GUARDIAN AND MOTHER DR. BHUMA VEDANTAM MS. SWATHI SUYAMBURAJAN D/O MR. RAJAMANI SUYAMBURAJAN AGED17YEARS R/AT NO.59, 31ST MAIN, SECTOR2HSR LAYOUT, BENGALURU – 560 102 WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 5 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 SINCE MINOR, REPRESENTED BY HER GUARDIAN AND MOTHER MRS. KAVIDHA SUYAMBURAJAN ...PETITIONERS STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION M.S.BUILDING, SECOND GATE, 6TH FLOOR BENGALURU – 560 001 (BY SRI JOSEPH ANTHONY & SRI SIRISH KRISHNA, ADVOCATES) AND:
1.
2. (BY SRI A.S.PONNANNA, AAG A/W MS. NILOUFER AKBAR, AGA FOR R1; SRI N.K.RAMESH, STANDING COUNSEL FOR R2) KARNATAKA EXAMINATIONS AUTHORITY REP BY ITS EXECUTIVE DIRECTOR SAMPIGE ROAD, 18TH CROSS MALLESHWARAM BENGALURU – 560 012 …RESPONDENTS WP NOS.6768-6774/2017 ARE FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PERMIT THE PETITIONERS TO TAKE UP THE KARNATAKA COMMON ENTRANCE TEST (CET) CONDUCTED BY R-2 AND FURTHER DIRECT THE RESPONDENTS TO ALLOW PETITIONERS ADMISSION UNDER THE GENERAL CATEGORY GOVERNMENT SEATS BASED ON MERIT AND SATISFACTION OF OTHER ELIGIBILITY CRITERIA ETC. IN W.P NO.15477/2017: BETWEEN: MS. VINDYA KOWSHIK D/O VARADHARAJAN SRIDHAR AGED ABOUT17YEARS REPRESENTED BY HER FATHER MR. VARADHARAJAN SRIDHAR NO.3J-113, KRISTAL JASPER WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 6 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 ...PETITIONER KASAVANAHALLI MAIN ROAD KASAVANAHALLI BENGALURU – 560 035 (BY SRI LAXMIKANTH K.B. FOR SRI HARIKRISHNA S. HOLLA, ADVOCATES) AND:
1. KARNATAKA EXAMINATIONS AUTHORITY MALLESWARAM18H CROSS SAMPIGE ROAD BENGALURU – 560 003 REP BY EXECUTIVE DIRECTOR2 UNION OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK CENTRAL SECRETARIAT NEW DELHI – 110 001 REP BY SECRETARY (BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1; SRI R.VEERENDRA SHARMA, CGC FOR R2) …RESPONDENTS WP NO.15477/2017 IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.1 FOR EXAMINATION OF NEET-2017 AGAINST STATE QUOTA SINCE THE PETITIONER AND HER PARENTS WERE DOMICILE OF KARNATAKA SINCE THE YEAR2008ONWARDS ETC. PETITIONER CONSIDER TO IN W.P NO.17126/2017: BETWEEN: SURAJ SAI NIKHIL PADAKANTI S/O SRI VENUMADHAV PADAKANTI AGED ABOUT17YEARS (MINOR) R/AT NO.105, VARS FERNDALE APARTMENT1T MAIN ROAD, BSNL EXCHANGE KODIHALLI, HAL2D STAGE WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 7 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 ...PETITIONER UNION OF INDIA REP BY ITS PRINCIPAL SECRETARY MINISTRY OF HOME AFFAIRS NORTH BLOCK, CENTRAL SECRETARIAT NEW DELHI -110 001 BENGALURU – 560 008 MINOR REPRESENTED BY HIS FATHER SRI VENUMADHAV PADAKANTI (BY SRI D.VIJAYAKUMAR, ADVOCATE) AND:
1. 2.
3.
4. UNION OF INDIA REP BY ITS PRINCIPAL SECRETARY MINISTRY OF OVERSEAS INDIAN AFFAIRS AKBAR BHAWAN, CHANAKYAPURI NEW DELHI–110 021 UNION OF INDIA REP BY ITS PRINCIPAL SECRETARY MINISTRY OF HUMAN RESOURCES DEPARTMENT NO.302-C, SHASTRI BHAWAN NEW DELHI-110 011 KARNATAKA SECONDARY EDUCATION EXAMINATION BOARD REP BY ITS SECRETARY6H CROSS, OPP. MALLESHWARAM POLICE STATION MALLESHWARAM BENGALURU – 560 003 CENTRAL BOARD OF SECONDARY EDUCATION (AN AUTONOMOUS ORGANIZATION UNDER THE MINISTRY OF HUMAN RESOURCES DEPARTMENT) GOVERNMENT OF INDIA REP BY ITS CHAIRMAN “SHIKSHA KENDRA” 2, COMMUNITY CENTRE PREET VIHAR, NEW DELHI – 110 092 5. WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 8 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 KARNATAKA EXAMINATIONS AUTHORITY REP BY ITS EXECUTIVE DIRECTOR SAMPIGE ROAD, 18TH CROSS MALLESWARAM BENGALURU – 560 012 CONSORTIUM OF MEDICAL ENGINEERING & DENTAL OF KARNATAKA (COMEDK) REP BY ITS SECRETARY NO.132, 2ND FLOOR11H MAIN, 17TH CROSS MALLESHWARAM BENGALURU – 560 055 6.
7. STATE OF KARNATAKA REP BY SECRETARY HIGHER EDUCATION DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001 8. (BY SRI PRABHULING K.NAVADGI, ASG A/W MS. M.R.SINCHANA, CGC FOR R1 TO R3; NOTICE TO R4, R5 & R7 ARE DISPENSED WITH V/C/O DATED2706.2017; SRI N.K.RAMESH, STANDING COUNSEL FOR R6; SRI A.S.PONNANNA, AAG A/W MS. NILOUFER AKBAR, AGA FOR R8) …RESPONDENTS WP NO.17126/2017 IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-5 & R-6 TO REGISTER HIS NAME IN KARNATAKA EXAMINATIONS AUTHORITY AND PERMIT THE PETITIONER TO APPEAR FOR THE COUNSELLING FOR ALLOTMENT OF MBBS SEAT IN GOVERNMENT AND PRIVATE MEDICAL COLLEGES FOR THE YEAR20172018 BASED ON THE MARKS/RANK OBTAINED IN THE NEET UG MEDICAL COURSE ENTRANCE TEST CONDUCTED BY CENTRAL BOARD OF SECONDARY EDUCATION. WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 9 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 IN W.P.NO.24546/2017: BETWEEN: ...PETITIONER MS. MAITREYI SHEKHAR MAHAJAN D/O SHEKHAR MAHAJAN AGED ABOUT18YEARS RESIDING AT A-301, AISHWARYA LAKE VIEW APARTMENTS, 6TH CROSS KAGGADASAPURA C.V.RAMAN NAGAR POST BENGALURU – 560 093 (BY SRI PRADEEP S. SAWKAR FOR M/S. SUNDARASWAMY & RAMDAS, ADVOCATES) AND:
1. KARNATAKA EXAMINATIONS AUTHORITY18H CROSS, SAMPIGE ROAD MALLESWARAM, BENGALURU – 560 003 REP BY ITS EXECUTIVE DIRECTOR STATE OF KARNATAKA HEALTH & FAMILY WELFARE DEPARTMENT (MEDICAL EDUCATION) M.S.BUILDING, DR. B.R.AMBEDKAR VEEDHI BENGALURU – 560 001 REP BY ITS SECRETARY UNION OF INDIA MINISTRY OF OVERSEAS INDIAN AFFAIRS NORTH BLOCK, NEW DELHI – 110 001 REP BY SECRETARY2 3. (BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1; SRI A.S.PONNANNA, AAG A/W MS. NILOUFER AKBAR, AGA FOR R2; SRI PRABHULING K. NAVADGI, ASG A/W MS. SINCHANA M.R., CGC FOR R3) …RESPONDENTS WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 10 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 WP NO.24546/2017 IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE5OF THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL INSTITUTIONS RULES, 2006 INSOFAR AS IT STIPULATES THAT ‘NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT SEATS UNLESS HE IS A CITIZEN OF INDIA’ IS ILLEGAL, DISCRIMINATORY AND ARBITRARY BEING VIOLATIVE OF ARTICLES14AND15OF THE CONSTITUTION OF INDIA, THE CITIZENSHIP ACT, 1955 AND THE INDIAN MEDICAL COUNCIL ACT, 1956 ETC. IN W.P.NO.24648/2017: BETWEEN: ...PETITIONER SAI PRANEETH AGED ABOUT17YEARS, MINOR S/O MOHAN KRISHNA DHULIPATI A-4, TRIPURA NEST APARTMENTS11H CROSS, 7TH MAIN CORNER MALLESHWARAM BENGALURU – 560 003 REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN MOHAN KRISHNA DHULIPATI (BY SRI AJOY KUMAR PATIL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, M S BUILDINGS DR. B.R AMBEDKAR VEEDHI BENGALURU – 560 001 KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD18H CROSS MALLESWARAM2 WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 11 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 BENGALURU – 560 003 REP BY ITS EXECUTIVE DIRECTOR THE UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS SOUTH BLOCK NEW DELHI-110 001 THE UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF OVERSEAS INDIAN AFFAIRS NORTH BLOCK, NEW DELHI – 110 001 3.
4. (BY SRI A.S.PONNANNA, AAG A/W MS. NILOUFER AKBAR, AGA FOR R1; SRI N.K.RAMESH, STANDING COUNSEL FOR R2; SRI PRABHULING K.NAVADGI, ASG A/W MS. M.R.SINCHANA, CGC FOR R3 & R4; SRI N. KHETTY, STANDING COUNSEL FOR PROPOSED RESPONDENT IN IA NO.1/2017) …RESPONDENTS WP NO.24648/2017 IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE5OF THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL INSTITUTIONS RULES, 2006 INSOFAR AS IT STIPULATES THAT ‘NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT SEATS UNLESS SHE IS A CITIZEN OF INDIA’ IS ILLEGAL, DISCRIMINATORY AND ARBITRARY BEING VIOLATIVE OF ARTICLES14& 15 OF THE CONSTITUTION OF INDIA, THE CITIZENSHIP ACT, 1955 AND THE INDIAN MEDICAL COUNCIL ACT, 1956 AND SET ASIDE THE SAME ETC. IN W.P.NO.24649/2017: BETWEEN: APARNA MACHARLA AGED ABOUT18YEARS WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 12 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 ...PETITIONER D/O GOVINDA RAJU MACHARLA APARTMENT NO.5043 SOBHA JASMINE BELLANDUR BENGALURU – 560 103 (BY SRI AJOY KUMAR PATIL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, M S BUILDINGS DR. B.R AMBEDKAR VEEDHI BENGALURU – 560 001 KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESWARAM, BENGALURU – 560 003 REP BY ITS EXECUTIVE DIRECTOR THE UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF OVERSEAS INDIAN AFFAIRS NORTH BLOCK, NEW DELHI – 110 001 2.
3.
4. (BY SRI A.S.PONNANNA, AAG A/W MS. NILOUFER AKBAR, AGA FOR R1; SRI N.K.RAMESH, STANDING COUNSEL FOR R2; SRI PRABHULING K.NAVADGI, ASG A/W MS. M.R.SINCHANA, CGC FOR R3 & R4; SRI N. KHETTY, STANDING COUNSEL FOR PROPOSED RESPONDENT IN IA NO.1/2017) THE UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS SOUTH BLOCK NEW DELHI-110 001 …RESPONDENTS WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 13 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 WP NO.24649/2017 IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE5OF THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL INSTITUTIONS RULES, 2006 INSOFAR AS IT STIPULATES THAT ‘NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT SEATS UNLESS SHE IS A CITIZEN OF INDIA’ IS ILLEGAL, DISCRIMINATORY AND ARBITRARY BEING VIOLATIVE OF ARTICLES14& 15 OF THE CONSTITUTION OF INDIA AND CONTRARY AND REPUGNANT TO THE PROVISIONS OF THE CITIZENSHIP ACT, 1955 AND THE INDIAN MEDICAL COUNCIL ACT, 1956 AND SET ASIDE THE SAME ETC. IN W.P.NO.24738/2017: BETWEEN: MS. ANANYA RAJAGOPAL D/O RAJAGOPAL K.NARAYANAN AGED ABOUT18YEARS RESIDING AT FLAT NO.1063 SOBHA TULIP APARTMENTS PUTTENAHALLI J.P.NAGAR6H PHASE BENGALURU – 560 078 (BY SRI LAXMIKANTH K.B. FOR SRI HARIKRISHNA S.HOLLA, ADVOCATES) AND:
1. ...PETITIONER KARNATAKA EXAMINATIONS AUTHORITY18H CROSS, MALLESWARAM SAMPIGE ROAD BENGALURU – 560 003 REP BY ITS COMMISSIONER UNION OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK CENTRAL SECRETARIAT2 WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 14 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 NEW DELHI-110 001 REP BY PRINCIPAL SECRETARY (BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1; SRI ASHOK N.PATIL, CGC FOR R2) …RESPONDENTS WP NO.24738/2017 IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO CONSIDER PETITIONER FOR MEDICAL/DENTAL SEATS AGAINST STATE QUOTA, SINCE THE PETITIONER AND HER PARENTS WERE DOMICILE OF KARNATAKA FROM2008ONWARDS AND THE PETITIONER HAS STUDIED FOR MORE THAN7YEARS IN STATE OF KARNATAKA ETC. IN W.P.NO.24739/2017: BETWEEN: MS.VAISHNAVI KANNAN D/O. KANNAN MARUDACHALAM AGED ABOUT19YEARS R/AT VILLA NO.24, ADARSH PAL RETREAT SARJAPUR OUTER RING ROAD DEVARABEESANAHALLI BELLANDUR, BANGALORE SOUTH TALUK BANGALORE-560 013 (BY SRI LAXMIKANTH K.B. FOR SRI HARIKRISHNA S.HOLLA, ADVOCATES) AND:
1. KARNATAKA EXAMINATIONS AUTHORITY MALLESWARAM18H CROSS SAMPIGE ROAD BANGALORE – 560 003 REP BY COMMISSIONER ...PETITIONER2 UNION OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK CENTRAL SECRETARIAT WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 15 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 NEW DELHI-110 001 REP BY PRINCIPAL SECRETARY …RESPONDENTS (BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1; SRI ASHOK.N.PATIL, CGC FOR R2) WP NO.24739/2017 IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R1 TO CONSIDER THE PETITIONER FOR MEDICAL/DENTAL SEATS AGAINST STATE QUOTA SINCE THE PETITIONER AND HER PARENTS ARE DOMICILE OF STATE OF KARNATAKA FROM THE YEAR2002ONWARDS ETC. IN W.P.NO.24740/2017: BETWEEN: MS. SURBHI AGRAWAL D/O RAKESH AGRAWAL AGED ABOUT18YEARS R/AT NO.2A-804, DIVYASHREE ÉLAN HOMES, SARJAPUR ROAD OPPOSITE TOTAL MALL KALKONDRA HALLI, CARMELARAM BANGALORE-560 035 (BY SRI LAXMIKANTH K.B. FOR SRI HARIKRISHNA S.HOLLA, ADVOCATES) AND:
1. KARNATAKA EXAMINATIONS AUTHORITY MALLESWARAM18H CROSS SAMPIGE ROAD BANGALORE – 560 003 REP BY COMMISSIONER ...PETITIONER2 UNION OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK CENTRAL SECRETARIAT WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 16 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 NEW DELHI-110 001 REP BY PRINCIPAL SECRETARY …RESPONDENTS (BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1; SRI ASHOK.N.PATIL, CGC FOR R2) WP NO.24740/2017 IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R1 TO CONSIDER THE PETITIONER FOR MEDICAL/DENTAL SEATS AGAINST STATE QUOTA SINCE THE PETITIONER AND HER PARENTS WERE DOMICILE OF STATE OF KARNATAKA SINCE THE YEAR2008ONWARDS ETC. IN W.P.NO.24767/2017: BETWEEN: ...PETITIONER JAANAKI RAGHUNATH AGED ABOUT18YEARS D/O.MR.BALASUBRAMANIAN RAGHUNATH No.247, G1, 3RD MAIN ROAD SKAV ASHIRVAD MAHALAKSHMI LO BANGALORE-560 086 (BY SRI ADITYA NARAYAN FOR M/S. ARGUS PARTNER, ADVOCATES) AND:
1.
2. UNION OF INDIA MINISTRY OF HOME AFFAIRS REP BY ITS PRINCIPAL SECRETARY NORTH BLOCK, CENTRAL SECRETARIAT NEW DELHI-110 001 UNION OF INDIA MINISTRY OF OVERSEAS INDIAN AFFAIRS REP BY ITS PRINCIPAL SECRETARY AKBAR BHAWAN, CHANAKYAPURI NEW DELHI-110 021 WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 17 3. 4.
5.
6. 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 UNION OF INDIA MINISTRY OF HUMAN RESOURCES REP BY ITS PRINCIPAL SECRETARY302C, SHASHTRI BHAWAN NEW DELHI-110 011 CENTRAL BOARD OF SECONDARY EDUCATION REP BY ITS CHAIRMAN SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092 STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION REP BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-560 001 KARNATAKA EXAMINATIONS AUTHORITY REP BY ITS EXECUTIVE DIRECTOR SAMPIGE ROAD, 18TH CROSS MALLESHWARAM BANGALORE – 560 012 …RESPONDENTS (BY SRI PRABHULING K.NAVADGI, ASG A/W MS. SINCHANA M.R., CGC FOR R1 TO R3; SERVICE OF NOTICE TO R4 IS DISPENSED WITH V/C/O DATED2706.2017; SRI A.S.PONNANNA, AAG A/W MS.NILOUFER AKBAR, AGA FOR R5; SRI N.K.RAMESH, STANDING COUNSEL FOR R6) WP NO.24767/2017 IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE5OF THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL INSTITUTIONS RULES, 2006, INSOFAR AS IT STIPULATES THAT “NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT SEATS UNLESS HE IS A CITIZEN OF INDIA” IS ILLEGAL, DISCRIMINATORY, ARBITRARY AND VIOLATIVE OF ARTICLES14AND15OF THE CONSTITUTION OF THE INDIA AND CONTRARY AND REPUGNANT TO THE PROVISIONS OF CITIZENSHIP ACT, 1955 AND SET ASIDE THE SAME ETC. WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 18 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 IN W.P.NO.24983/2017: BETWEEN: AKSHAYA JAYALAKSHMI KUMAR AGED ABOUT17YEARS D/O. SRI RAJ KUMAR GANAPATHY APARTMENT # 201, BLOCK-“A” AASPIRE HEIGHTS APARTMENT NEAR SGR DENTAL COLLEGE MUNNE KOLALA MAIN ROAD MARATHAHALLI, BENGALURU- 560 137 PETITIONER BEING MINOR REP BY HER FATHER SRI RAJ KUMAR GANAPATHY (BY SRI RAJKUMAR GANAPATHY, PARTY-IN-PERSON) AND:
1. KARNATAKA EXAMINATIONS AUTHORITY REP BY ITS EXECUTIVE DIRECTOR SAMPIGE ROAD, 18TH CROSS MALLESHWARAM BANGALORE – 560 012 ...PETITIONER2 3.
4. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA BANGALORE- 560 001 UNION OF INDIA REP BY ITS PRINCIPAL SECRETARY MINISTRY OF HOME AFFAIRS NORTH BLOCK, CENTRAL SECRETARIAT NEW DELHI-110 001 UNION OF INDIA REP BY ITS PRINCIPAL SECRETARY MINISTRY OF OVERSEAS INDIAN AFFAIRS AKBAR BHAWAN WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 19 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 CHANAKYAPURI NEW DELHI-110 021 5. UNION OF INDIA REP BY ITS PRINCIPAL SECRETARY MINISTRY OF HUMAN RESOURCES DEPARTMENT, 302-C, SHASHTRI BHAWAN NEW DELHI- 110 011 CENTRAL BOARD OF SECONDARY EDUCATION (AN AUTONOMOUS ORGANIZATION UNDER THE MINISTRY OF HUMAN RESOURCE DEPARTMENT) GOVERNMENT OF INDIA REP BY ITS CHAIRMAN “SHIKSHA KENDRA”, 2, COMMUNITY CENTRE, PREET VIHAR DELHI-110 092 …RESPONDENTS6 (BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1; SRI A.S.PONNANNA, AAG A/W MS.NILOUFER AKBAR, AGA FOR R2; SRI PRABHULING K.NAVADGI, ASG A/W MS.SINCHANA.M.R., CGC. FOR R3 TO R5; NOTICE TO R6 IS DISPENSED WITH V/C/O DATED2706.2017) WP NO.24983/2017 IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 AND2TO CONSIDER THE PETITIONER FOR ALLOTMENT OF SEATS TO UNDERGRADUATE MEDICAL COURSES UNDER GOVERNMENT QUOTA. IN W.P.NO.25147/2017: BETWEEN: RESHMA RAJENDRAN AGED ABOUT18YEARS D/O. RAJENDRAN MURUGAPADAYACHI #6094, SOBHA CARNATION OFF OUTER RING ROAD WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 20 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 BELLANDUR BENGALURU- 560 103 (BY SRI AJOY KUMAR PATIL, ADVOCATE) AND:
1. ...PETITIONER THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, M.S.BUILDINGS DR.BR AMBEDKAR VEEDHI BENGALURU- 560 001 KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM BANGALORE – 560 012 REP BY ITS EXECUTIVE DIRECTOR2 THE UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF OVERSEAS INDIAN AFFAIRS, NORTH BLOCK NEW DELHI- 110 001 3.
4. (BY SRI A.S.PONNANNA, AAG A/W MS.NILOUFER AKBAR, AGA FOR R1; SRI N.K.RAMESH, STANDING COUNSEL FOR R2; SRI PRABHULING K.NAVADGI, ASG A/W MS.SINCHANA.M.R., CGC. FOR R3 & R4; SRI N.KHETTY, STANDING COUNSEL FOR PROPOSED RESPONDENT IN IA NO.1/2017) THE UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS SOUTH BLOCK, NEW DELHI-110 001 …RESPONDENTS WP NO.25147/2017 IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE5OF WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 21 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 IN PROFESSIONAL THE KARNATAKA SELECTION CANDIDATES FOR ADMISSION TO GOVERNMENT SEATS EDUCATIONAL INSTITUTIONS RULES, 2006, INSOFAR AS IT STIPULATES THAT “NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT SEATS UNLESS HE IS A CITIZEN OF INDIA” IS ILLEGAL, DISCRIMINATORY, ARBITRARY AND VIOLATIVE OF ARTICLES14AND15OF THE CONSTITUTION OF THE INDIA AND CONTRARY AND REPUGNANT TO THE PROVISIONS OF THE CITIZENSHIP ACT, 1955 AND THE INDIAN MEDICAL COUNCIL ACT, 1956 AND SET ASIDE THE SAME ETC. IN W.P.NO.25148/2017: BETWEEN: VAISHNAVI KAVIRAYANI D/O. RAMAKRISHNA KAVIRAYANI AGED ABOUT18YEARS # 101, UMA SANJIVANI RESIDENCY1T MAIN ROAD, JP NAGAR7H PHASE LAKSHMINAGAR, BENGALURU- 560 078 (BY SRI AJOY KUMAR PATIL, ADVOCATE) AND:
1.
2. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU-560 012 REP BY ITS EXECUTIVE DIRECTOR ...PETITIONER THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT (MEDICAL EDUCATION) M.S.BUILDINGS DR.BR AMBEDKAR VEEDHI BENGALURU- 560 001 3. THE UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF OVERSEAS WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 22 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 INDIAN AFFAIRS, NORTH BLOCK NEW DELHI- 110 001 THE UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS SOUTH BLOCK, NEW DELHI-110 001 …RESPONDENTS4 (BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1; SRI A.S.PONNANNA, AAG A/W MS.NILOUFER AKBAR, AGA FOR R2; SRI PRABHULING K.NAVADGI, ASG A/W MS.SINCHANA.M.R. CGC. FOR R3 & R4; SRI N.KHETTY, STANDING COUNSEL FOR PROPOSED RESPONDENT IN IA NO.1/2017) WP NO.25148/2017 IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE5OF THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL INSTITUTIONS RULES, 2006, INSOFAR AS IT STIPULATES THAT “NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT SEATS UNLESS HE IS A CITIZEN OF INDIA” IS ILLEGAL, DISCRIMINATORY, ARBITRARY AND VIOLATIVE OF ARTICLES14AND15OF THE CONSTITUTION OF THE INDIA AND CONTRARY TO THE PROVISIONS OF THE CITIZENSHIP ACT, 1955 AND THE INDIAN MEDICAL COUNCIL ACT, 1956 AND SET ASIDE THE SAME ETC. IN W.P.No.25587/2017: BETWEEN: AMI MEHUL MEHTA D/O. SRI MEHUL MEHTA AGED ABOUT17YEARS (MINOR) R/AT D4 MIMS ESPACIO JAKKUR VILLAGE, YELAHANKA HOBLI BANGALORE NORTH BANGALORE- 560 064 WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 23 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 ...PETITIONER UNION OF INDIA REP BY ITS PRINCIPAL SECRETARY MINISTRY OF HOME AFFAIRS NORTH BLOCK, CENTRAL SECRETARIAT NEW DELHI-110 001 UNION OF INDIA REP BY ITS PRINCIPAL SECRETARY MINISTRY OF OVERSEAS INDIAN AFFAIRS AKBAR BHAWAN, CHANAKYAPURI NEW DELHI- 110 021 MINOR REP BY HER FATHER SRI MEHUL MEHTA (BY SRI D.VIJAYAKUMAR, ADVOCATE) AND:
1. 2.
3.
4. UNION OF INDIA REP BY ITS PRINCIPAL SECRETARY MINISTRY OF HUMAN RESOURCES DEPARTMENT NO.302-C, SHASTRI BHAWAN NEW DELHI- 110 011 CENTRAL BOARD OF SECONDARY EDUCATION (AN AUTONOMOUS ORGANIZATION UNDER THE MINISTRY OF HUMAN RESOURCES DEPARTMENT), GOVERNMENT OF INDIA REP BY ITS CHAIRMAN “SHIKSHA KENDRA” 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 092 5.
6. KARNATAKA EXAMINATIONS AUTHORITY REP BY ITS EXECUTIVE DIRECTOR SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU- 560 012 CONSORTIUM OF MEDICAL ENGINEERING & DENTAL OF KARNATAKA (COMEDK) REP BY ITS SECRETARY WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 24 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 STATE OF KARNATAKA REP BY SECRETARY HIGHER EDUCATION DEPARTMENT VIDHANA SOUDHA, BANGALORE- 560001 …RESPONDENTS NO.132, 2ND FLOOR, 11TH MAIN17H CROSS, MALLESHWARAM BANGALORE- 560 055 7. (BY SRI PRABHULING K.NAVADGI, ASG A/W MS.SINCHANA.M.R. CGC. FOR R1 TO R3; NOTICE TO R4 & R6 DISPENSED WITH V/C/O DATED2706.2017; SRI N.K.RAMESH, STANDING COUNSEL FOR R5; SRI A.S.PONNANNA AAG A/W MS.NILOUFER AKBAR, AGA FOR R7) WP No.25587/2017 IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.5 TO REGISTER HER NAME FOR COUNSELING AND TO PERMIT THE PETITIONER TO APPEAR FOR THE COUNSELING FOR ALLOTMENT OF MBBS/BDS SEATS IN GOVERNMENT AND PRIVATE MEDICAL COLLEGES FOR THE YEAR201718 BASED ON THE MARKS/RANK OBTAINED IN THE NEET UG MEDICAL COURSE ENTRANCE TEST CONDUCTED BY CENTRAL BOARD OF SECONDARY EDUCATION. IN W.P.NO.25723/2017: BETWEEN: KRISHNA VAMSI SUGUNA ROJULPOTE AGED ABOUT20YEARS S/O. VENKESHWAR ROJULPOTE R/AT NO.429, ASHTON DRIVE KING OF PRUSSIA, PENNSYLVANIA USA-19406 (BY SRI AJOY KUMAR PATIL, ADVOCATE) ...PETITIONER WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 25 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 AND:
1. 2.
3.
4. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, M.S.BUILDINGS DR.B.R.AMBEDKAR VEEDHI BENGALURU- 560 001 KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU- 560 012 REP BY ITS EXECUTIVE DIRECTOR THE UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF OVERSEAS INDIAN AFFAIRS NORTH BLOCK, NEW DELHI- 110 001 UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS SOUTH BLOCK, NEW DELHI- 110 011 …RESPONDENTS (BY SRI A.S.PONNANNA, AAG A/W MS.NILOUFER AKBAR, AGA FOR R1; SRI N.K.RAMESH, STANDING COUNSEL FOR R2; SRI PRABHULING K.NAVADGI, ASG A/W MS.SINCHANA.M.R. CGC. FOR R3 & R4; & SRI N.KHETTY, STANDING COUNSEL FOR PROPOSED RESPONDENT IN IA NO.1/2017) WP No.25723/2017 IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE5OF THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL INSTITUTIONS RULES, 2006, INSOFAR AS IT STIPULATES THAT “NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT SEATS UNLESS HE IS A CITIZEN OF INDIA” IS ILLEGAL, DISCRIMINATORY, ARBITRARY AND VIOLATIVE OF ARTICLES14WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 26 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 AND15OF THE CONSTITUTION OF THE INDIA AND CONTRARY TO THE PROVISION OF THE CITIZENSHIP ACT, 1955 AND THE INDIAN MEDICAL COUNCIL ACT, 1956 AND SET ASIDE THE SAME ETC. IN W.P.NO.25923/2017: BETWEEN: ASHRAF SAFA D/O.MOHAMMED NISAR AGED ABOUT19YEARS NO.10, THIRUMALA RAO GARDEN NANDIDURG ROAD BENGALURU-560 046 (BY SRI AJOY KUMAR PATIL, ADVOCATE) AND:
1. ...PETITIONER KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM BENGALURU- 560 012 REP BY ITS EXECUTIVE DIRECTOR2 3.
4. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT (MEDICAL EDUCATION) M.S.BUILDINGS, DR.B.R.AMBEDKAR VEEDHI BENGALURU- 560 001 THE UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF OVERSEAS INDIAN AFFAIRS NORTH BLOCK, NEW DELHI- 110 001 UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT OF INDIA WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 27 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 MINISTRY OF HOME AFFAIRS SOUTH BLOCK, NEW DELHI- 110 001 …RESPONDENTS (BY SRI N.K.RAMESH, STANDING COUNSEL FOR R1; SRI A.S.PONNANNA, AAG A/W MS.NILOUFER AKBAR, AGA FOR R2; SRI PRABHULING K.NAVADGI, ASG A/W MS.SINCHANA.M.R. CGC. FOR R3 & R4; & SRI N.KHETTY, STANDING COUNSEL FOR PROPOSED RESPONDENT IN IA NO.1/2017) WP No.25923/2017 IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE5OF THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATIONAL INSTITUTIONS RULES, 2006, INSOFAR AS IT STIPULATES THAT “NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT SEATS UNLESS HE IS A CITIZEN OF INDIA” IS ILLEGAL, DISCRIMINATORY, ARBITRARY AND VIOLATIVE OF ARTICLES14AND15OF THE CONSTITUTION OF THE INDIA AND CONTRARY TO THE PROVISION OF THE CITIZENSHIP ACT, 1955 AND THE INDIAN MEDICAL COUNCIL ACT, 1956 AND SET ASIDE THE SAME ETC. IN W.P NO.25925/2017: BETWEEN: ASISH BOYAPATI AGED ABOUT19YEARS S/O RAJASEKHAR PHANI BOYAPATI R/AT PLOT NO.214, NEW RTC COLONY OPP. TO AUTONAGAR GATE VIJAYAWADA- 520 010 ANDHRA PRADESH (BY SRI AJOY KUMAR PATIL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY ...PETITIONER WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 28 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 2.
3. TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, M S BUILDINGS DR. B.R AMBEDKAR VEEDHI BENGALURU – 560 001 KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESWARAM, BENGALURU – 560 003 REP BY ITS EXECUTIVE DIRECTOR THE UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF OVERSEAS INDIAN AFFAIRS NORTH BLOCK NEW DELHI – 110 001 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS SOUTH BLOCK NEW DELHI -110 001 4. (BY SRI A.S.PONNANNA, AAG A/W MS.NILOUFER AKBAR, AGA FOR R1; SRI N.K.RAMESH STANDING COUNSEL FOR R2; SRI PRABHULING K.NAVADAGI, ASG A/W MS.SINCHANA. M.R., CGC FOR R3 & R4) …RESPONDENTS WP NO.25925/2017 IS FILED UNDER ARTICLE226OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE5OF THE KARNATAKA SELECTION OF CANDIDATES FOR ADMISSION TO GOVERNMENT SEATS IN PROFESSIONAL EDUCATION INSTITUTIONS RULES, 2006 INSOFAR AS IT STIPULATES THAT ‘NO CANDIDATE IS ELIGIBLE FOR ADMISSION TO GOVERNMENT SEATS UNLESS HE IS A CITIZEN OF INDIA’ IS ILLEGAL. DISCRIMINATORY AND ARBITRARY AND VIOLATIVE OF ARTICLES14& 15 OF THE CONSTITUTION OF INDIA AND CONTRARY AND REPUGNANT TO THE PROVISIONS OF THE CITIZENSHIP ACT, 1955 AND THE INDIAN MEDICAL COUNCIL ACT, 1956 AND SET ASIDE THE SAME ETC. WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 29 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 WPS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, H.G.RAMESH J., MADE THE FOLLOWING:
ORDERH.G.RAMESH, J.
(Oral):
1. Petitioners are not citizens of India; they are citizens of foreign countries. They state that they are Overseas Citizens of India cardholders and are National Eligibility cum Entrance Test (UG) 2017 (‘NEET (UG) 2017’) qualified, and hence, are eligible to apply for admission to I year MBBS/BDS course, and have accordingly applied to the Karnataka Examinations Authority, Bangalore. They claim that they are eligible to be considered for admission to I year MBBS/BDS course in Karnataka for the academic year 2017-18 under various categories of seats including that of government seats. State of Karnataka does not admit their claim. The State contends that they are eligible to be considered only under the category of Non-resident Indian (NRI) quota. Therefore, the question for consideration in these petitions is, under which of the categories of seats, WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 30 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 the petitioners are eligible to be considered for admission to I year MBBS/BDS course in Karnataka.
2. By consent of learned counsel on both sides, the writ petitions are heard on merits and are being disposed of by this order.
3. Eligibility criteria to apply to a course and eligibility criteria to apply under different categories of seats to a course are two different things. The criteria for both could be the same or different. With this preface, we proceed to examine this matter.
4. We have heard the learned counsel appearing for the parties and the Medical Council of India. Learned counsel for the petitioners, in support of the writ petitions, referred to two notifications dated April 11, 2005 and January 5, 2009 issued by the Central Government in exercise of the powers conferred on it by Section 7B(1) of the Citizenship Act, 1955. WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 31 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 5. Sri A.S.Ponnanna, learned Additional Advocate General submitted that, Overseas Citizens of India cardholders are eligible for admission only under the NRI quota as per the amendment made to Section 2(1)(n) of the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006 by Karnataka Act No.22 of 2017 whereby “persons of Indian origin and overseas citizens of India” are added to the definition of “Non-Resident Indian”. He also referred to Rule 5 of the Karnataka Selection of Candidates for admission to Government seats in Professional Educational Institutions Rules, 2006 (‘the Rules’ for short) made by the Government of Karnataka in exercise of the power conferred by Section 14 of the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 to state that, only Indian citizens are eligible for government seats.
6. Sri Prabhuling K.Navadgi, learned Additional Solicitor General appearing for the Union of India submitted that WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 32 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 Overseas Citizens of India cardholders are also eligible to be considered for government seats.
7. As stated above, the only question for consideration in these petitions is, the categories of seats to which Overseas Citizens of India cardholders are eligible to be considered for admission to I year MBBS/BDS course in Karnataka for the academic year 2017-18. 8.1. Before proceeding further, it is relevant to refer to Section 7B of the Citizenship Act, 1955 to the extent it is necessary for this case: “7B. Conferment of rights on Overseas Citizen of India Cardholder.―(1) Notwithstanding anything contained in any other law for the time being in force, an Overseas Citizen of India Cardholder shall be entitled to such rights, other than the rights specified under sub-section (2), as the Central Government may, by notification in the Official Gazette, specify in this behalf. (2) An Overseas Citizen of India Cardholder shall not be entitled to the rights conferred on a citizen of India― ………………………………………………………………………………. sub- laid before each House of notification issued under Every (3) section (1) shall be Parliament.” (Underlining supplied) 8.2. To examine the question raised in these petitions, it is relevant to refer to the following two notifications issued by WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 33 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 the Central Government in exercise of the powers conferred on it by Section 7B(1) of the Citizenship Act, 1955: (i) Notification dated April 11, 2005: MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 11th April, 2005 S.O.542(E).— In exercise of the powers conferred by Sub-section (1) of Section 7-B of the Citizenship Act, 1955 (57 of 1955), the Central Government hereby specifies the following rights to which the persons registered as Overseas Citizens of India under Section 7-A of the said Act shall be entitled, namely:— (a) grant of multiple entry lifelong visa for visiting India for any purpose; exemption from registration with Foreign Regional Registration Officer or Foreign Registration Officer for any length of stay in India; and parity with Non-Resident Indians in respect of all facilities available to them in economic, financial and educational fields except in matters relating to the acquisition of agricultural or plantation properties. (b) (c) (ii) Notification dated January 5, 2009: MINISTRY OF OVERSEAS INDIAN AFFAIRS NOTIFICATION New Delhi, the 5th January, 2009 S.O.36(E).— In exercise of the powers conferred by sub-section (1) of Section 7-B of the Citizenship Act, 1955 (57 of 1955), and in continuation of the notifications of the Government of India in the Ministry of Home Affairs number S.O. 542(E), dated the 11th April, 2005 and in the Ministry of Overseas Affairs S.O. 12(E), dated the 6th January, 2007, the Central Government hereby specifies the following rights to which the persons registered as the overseas citizen of India under Section 7-A of the said Act, shall be entitled, namely:— WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 34 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 (a) parity with non-resident Indian in respect of,— (i) entry fees to be charged for visiting the national monuments, historical sites and museums in India; (ii) pursuing the following professions in India, in pursuance of the provisions contained in the relevant Acts, namely:— (i) doctors, dentists, nurses and pharmacists; (ii) advocates; (iii) architects (iv) chartered accountants; (b) to appear for the All India Pre-Medical Test or such other tests to make them eligible for admission in pursuance of the provisions contained in the relevant Acts. (Underlining supplied) 8.3. It is also relevant to extract Rule 5 of the Rules to the extent it is relevant to this case; it reads as follows: “5. Eligibility for Government Seats.— No candidate shall be eligible for admission to Government Seats unless he is a citizen of India and satisfies any one of the following conditions, namely.— (i) ………………………………………………………………………” (Underlining supplied) 8.4. In our opinion, Rule 5 of the Rules extracted above is not arbitrary, and hence, the contention that it is arbitrary and violative of Article 14 of the Constitution is rejected.
9. In view of the aforesaid two notifications issued by the Central Government, we are of the opinion that persons registered as Overseas Citizens of India cardholders under Section 7A of the Citizenship Act, 1955 are entitled to be WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 35 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 treated on par with Non-Resident Indians in respect of facilities extended to Non-Resident Indians in the educational field, and further, they are also entitled to appear for the All India Pre-Medical Test or such other tests to become eligible for admission to educational courses.
10. Sri A.S.Ponnanna, learned AAG submitted that Overseas Citizens of India cardholders may be eligible for admission under various categories of seats other than the category of government seats but that does not confer any right on them to be considered under the said categories of seats. We are unable to accept the submission as consideration should follow eligibility, otherwise stipulating eligibility criteria for various categories of seats will have no meaning.
11. The contention of the learned Additional Solicitor General that Overseas Citizens of India cardholders are also eligible for government seats cannot be accepted in view of the clear bar under Rule 5 of the Rules for foreign citizens to apply for government seats. WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 36 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 12. As already stated above, eligibility criteria to apply to a course and eligibility criteria to apply under different categories of seats to a course are two different things. The criteria for both could be the same or different. In the present case, all candidates who are NEET (UG) 2017 qualified are eligible to apply for I year MBBS/BDS course. Under which categories of seats, they are eligible to apply, depends on their fulfilling the eligibility criteria laid down under relevant Acts and/or Rules governing admission to the various categories of seats. Therefore, if the relevant Acts and/or Rules governing admission to I year medical/dental course in Karnataka make Overseas Citizens of India cardholders eligible for admission under various categories of seats, they shall be entitled to be considered for admission under those categories. However, we state that they are not eligible to be considered under the Non-Resident Indian quota as they are not Non-Resident Indians, though they are entitled to be considered on par with Non-Resident Indians. They are also not eligible to be considered under the category of government seats in view WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 37 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 of the bar under Rule 5 of the Rules for foreign citizens to apply for government seats.
13. In the result, we hold that Overseas Citizens of India cardholders who are NEET UG2017qualified shall be entitled to be treated on par with Non-Resident Indians in the matter of admission to I year MBBS/BDS course for the academic year 2017-18. Further, if they are eligible for admission under various categories of seats as per the relevant Acts and/or Rules governing admission to I year medical/dental course in Karnataka for the academic year 2017-18, they shall be considered for admission under all such categories of seats.
14. All Overseas Citizens of India cardholders who are NEET UG2017qualified and who have applied for admission to I year MBBS/BDS course to Karnataka Examinations Authority, whether they are petitioners herein or not, shall be entitled to the benefit of this order. WP No.23448/2017 C/W WP Nos.6768-6774/2017, 15477/2017, 17126/2017,24546/2017, 24648/2017, 24649/2017, 24738/2017,24739/2017, 38 24740/2017, 24767/2017,24983/2017, 25147/2017, 25148/2017,25587/2017 25723/2017, 25923/2017 & 25925/2017 15. The writ petitions are disposed of in the above terms. In view of disposal of the writ petitions, no order is necessary on the pending interlocutory applications; they stand disposed of accordingly. Petitions disposed of. Sd/- JUDGE Sd/- JUDGE hkh.