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Judgment
Alok Aradhe, J
Mr.Madhusudhan R.Naik, learned Senior counsel along with Mr.Suraj Naik, learned counsel for the petitioner.
Mr.Laxminarayan, learned Additional Government Advocate for the respondent Nos.1 and 2.
Mr.N.K.Ramesh, learned counsel for the respondent No.3.
Dr.Girish, Director, Department of Medical Education is present.
The petitioner which is an educational institution has been granted the status of linguistic minority institution by an order dated 24.01.2022. The State Government did not give effect to the order dated 24.01.2022 insofar as it pertains to seat matrix. The petitioner therefore filed a writ petition seeking a writ of mandamus to respondent Nos.2 and 3 to effect necessary changes in the seat matrix for allocation of seats to linguistic minority for admission to under graduate courses in medicine.
During the course of hearing, on 05.03.2022, an undertaking was furnished on behalf of the petitioner that petitioner shall accommodate all 75 candidates who have indicated their choice No.1 and choice No.2 in respect of the college of the petitioner, this Court directed the respondents to treat the petitioner as a linguistic minority institution and work out seat matrix. The respondents were further directed to permit the petitioner to participate in the second round of counselling.
Heard on I.A.No.2/2022, an application seeking ad interim direction.
Learned Senior counsel for the petitioner submits that the copy of order dated 05.03.2022 was communicated to the respondents on 05.03.2022 itself and thereafter, subsequently also. However, the directions contained in the order were not given effect to. It is further submitted that respondents be directed to allot remaining vacant seats after the second round of counselling to linguistic minority quota.
On the other hand, learned Additional Government Advocate while inviting the attention of this Court to the affidavits dated 15.03.2022 and 17.03.2022 sworn in by the Under Secretary, Department of Medical Education, has submitted that the Under Secretary has tendered an unconditional apology for not allotting the seats in the second round of counselling. It is further submitted that order passed by this Court could not be complied with on account of technical difficulty and lack of time, as the counselling had already commenced from 04.03.2022. It is also pointed out that the respondents are ready and willing to allot the remaining vacant seats after the second round of counselling under linguistic minority quota.
We have considered the submissions made on both sides. The Under Secretary, Government of Karnataka has flouted the directions contained in the order dated 05.03.2022. However, it is well settled in law that power to punish for contempt has to be exercised sparingly and with circumspection. However, in the peculiar facts of the case, we do not intend to do so. In the instant case, second round of counselling has already been completed and students have taken admission. Therefore, if we set at naught the second round of counselling at this point of time, the students who are not parties to this proceeding would be put to inconvenience. Therefore, in the peculiar facts of the case, we accept the unconditional apology tendered by the Under Secretary, Department of Medical Education. We issue a word of caution to the Under Secretary, Department of Medical Education to be more careful in future.
After hearing the learned counsel for the parties, in the obtaining factual matrix of the case, the order dated 05.03.2022 is modified and it is directed that remaining vacant seats after two rounds of counselling, except seats available under NRI and other quota, shall be allotted to linguistic minority institutions. In addition, remaining Government seats shall also be allotted to the linguistic minority institutions in the mop up round or in any other subsequent round which may be held hereinafter. It is made clear that any disobedience to the aforesaid directions will tantamount to contempt and this Court shall initiate proceeding against the concerned respondent.
At this stage, learned counsel for the parties fairly submit that nothing survives for adjudication in this writ petition.
Accordingly, the petition is disposed of with aforementioned directions.