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Aishwarya S. Nayak and Others Vs. The State of Karnataka, Represented By Principal Secretary, Bengaluru and Others - Court Judgment

LegalCrystal Citation
CourtKarnataka High Court
Decided On
Case NumberWrit Petition No. 51916 of 2016 (EDN-MED-ADM) c/w Writ Petition Nos. 51940-51944 of 2016 (EDN-MED-ADM) c/w Writ Petition Nos. 51974-51975 of 2016 (EDN-MED-ADM)
Judge
AppellantAishwarya S. Nayak and Others
RespondentThe State of Karnataka, Represented By Principal Secretary, Bengaluru and Others
Excerpt:
.....in w.p.nos.51974-51975/2016 states that as per the letter issued by the respective college, if neet exemption is granted by this court, the colleges are willing to give admission to the concerned petitioners for the academic year of 2016-2017 for the m.b.b.s. course. 4. mr.ajoy kumar patil, learned counsel appearing for the petitioners in w.p.nos.51940- 51944/2016 submitted that if neet exemption is granted to the petitioners, who are his clients, by this court, as orally conveyed to the petitioners, certain colleges are ready to give the admission for the academic year of 2016-2017. 5. whereas mr.n.khetty, learned counsel appearing for respondent-medical council of india, has tendered a memo in w.p.nos.41899-41900/2015 which is a separate matter, but in the very memo, it has been.....
Judgment:

(Prayer: This writ petition is filed under Article 226 of the Constitution of India praying to grant exemption to petitioner from the neet examination to seek admission by re-allocation to the R-5 college to the MBBS course for the year 2016-17 as the petitioner was already admitted to the MBBS course for the year 2015- 16 by issuing a writ of mandamus and etc.,)

Jayant Patel, J.

1. All the petitions are preferred by the respective petitioners-students who were earlier granted admission for the academic year of 2015-2016 in the management quota pursuant to the interim order passed by this Court in W.P.Nos.4770-4829/2016 preferred by Sridevi Medical College, wherein the interim order was granted, which subsequently came to be vacated by the Apex Court and the admissions were also cancelled. As per the petitioners, there were similarly situated students who were granted admission on the seats of CET as well as on COMED-K and this Court (NKJ and SSJ) vide order dated 23.06.2016 had directed the consideration of those students for admission to academic year of 2016- 2017 by granting exemption from the requirement of NEET qualification.

2. The grievance on the part of the petitioners is that at the relevant point of time, since the Management of the respective Colleges were not ready to surrender quota of NRI/management for the academic year of 2016-2017, they could not be considered for passing of interim order. However, the petitioners contend that since now some of the Colleges, out of their NRI/management quota are ready to accommodate for admission in the academic year of 2016-2017, similar exemption may be granted of NEET qualification to the petitioners and the management of the respective College be permitted to grant admission to the petitioners in M.B.B.S. course for the academic year of 2016-2017, and hence the petitions.

3. Mr.Shashikiran Shetty, learned Senior Counsel appearing for the respective Colleges-respondent Nos.5 and 6 in W.P.No.51916/2016 and for respondent No.8 in W.P.Nos.51974-51975/2016 states that as per the letter issued by the respective College, if NEET exemption is granted by this Court, the Colleges are willing to give admission to the concerned petitioners for the academic year of 2016-2017 for the M.B.B.S. course.

4. Mr.Ajoy Kumar Patil, learned Counsel appearing for the petitioners in W.P.Nos.51940- 51944/2016 submitted that if NEET exemption is granted to the petitioners, who are his clients, by this Court, as orally conveyed to the petitioners, certain Colleges are ready to give the admission for the academic year of 2016-2017.

5. Whereas Mr.N.Khetty, learned Counsel appearing for respondent-Medical Council of India, has tendered a memo in W.P.Nos.41899-41900/2015 which is a separate matter, but in the very memo, it has been stated that any prayer for grant of exemption of NEET in all these petitions may be rejected by this Court and it has been further stated that the interim order passed by this Court earlier dated 23.06.2016 in W.P.Nos.41899- 41900/2015 for grant of NEET exemption to COMED-K and CET students for the academic year of 2016-2017 is stayed by the Apex Court vide order dated 28.09.2016. So far as the students who have not appeared in NEET examination for this academic year of 2016-2017, it has been further observed by the Apex Court not to admit any student who has not appeared in the NEET examination.

6. As such, on the principal question of exemption or dispensing the requirement to pass NEET examination for the admission in Medical and Dental Course for the academic year of 2016-2017, whether can be insisted in the management quota by MCI, the question did come up for consideration before this Court in W.P.Nos.44731-44732/2016 and allied matters in case of Karnataka Professional Colleges Foundation and Others Vs. The Medical Council of India and this Court based on the decision of the Apex Court has observed that as per the amendment made in the MCI Regulation which has come into force from 28.04.2016, NEET is a requirement for the eligibility criteria for admission as well as interse merit of the respective student at the NEET in that respective category is required to be considered, unless the order of the Apex Court dated 28.04.2016 in W.P.(C) No.261/2016 is clarified or modified.

7. The learned Senior Counsel Mr.Shashikiran Shetty, has made a statement at the bar that the aforesaid order of the Division Bench of this Court dated 15.09.2016 in W.P.Nos.44731-44732/2016 and allied matters was carried before the Apex Court in SLP Nos.27805-808/2016 and the Apex Court has declined the interference vide order dated 28.09.2016 i.e, yesterday.

8. It has also been brought to our notice that in the order dated 28.09.2016 passed by the Apex Court which has also been referred to by the MCI in the memo, the Apex Court has permitted participation of the counseling to the students who have already passed NEET examination this year. Further the another order of the Apex Court passed on 28.09.2016 is brought to our notice in I.A.Nos.35, 36 and 37/2016 in W.P.(C) No.306/2004, whereby the Apex Court has extended time upto 07.10.2016 only. No further details are available but Mr.Shashikiran Shetty, learned Senior Counsel states that the said extension is only for the State of Andhra Pradesh and Telangana and that too for the specified seats. Another order of the Apex Court dated 28.09.2016 in Civil Appeal No.9835/2016 in case of State of Maharashtra and Ors. Vs. Dr.D.Y.Patil Vidyapeeth and Ors. and allied matters is brought to our notice, wherein for Deemed Universities, time to comply admission is extended upto 07.10.2016.

9. In view of the aforesaid, we find that since the requirement of NEET for the admission to academic year of 2016-2017 is on account of the above referred orders passed by the Apex Court and as the outer limit for admission is also fixed by the orders of the Apex Court for the rest of the states by 30.09.2016, it would not be possible for this Court to grant any exemption in the requirement of NEET for admission to the academic year of 2016-2017 nor it would be possible for this Court to extend the outer limit for grant of admissions for Medical and Dental Courses.

10. Under the circumstances, the relief for grant of exemption from the requirement of NEET cannot be granted. Hence, all petitions are dismissed.

Hand delivery of the order is permitted.


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