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Judgment
Alok Aradhe, J
In this petition, the petitioner seeks a direction to the Karnataka Examination Authority to upload the name of the petitioner's name for Bachelor of Dental Sciences (hereinafter referred to as 'BDS' for short) course by canceling the existing entry for Mechanical Engineering and upload the same for BDS course and enable the petitioner to pursue her BDS course at Srinivas Institute of dental Sciences for the academic year 2019. The petitioner, inter alia, seeks a direction to the respondents to decide the representation dated 15.09.2019 and to register the name of the petitioner in the Rajeev Gandhi University of Health Sciences.
The facts leading to filing of this petition briefly stated are that in the academic year 2018-19, the petitioner completed II PUC course and appeared for Common Entrance Test conducted by Karnataka Examination Authority, Bangalore and opted for Engineering Course. The petitioner secured 46,784th rank in the CET. The petitioner had also applied under UG-NEET for Medical and Dental course and had secured All India NEET ranking of 6,30,848. The petitioner participated in the first round of counseling and was allotted an Engineering Seat at Dr.Ambedkar Institute of Technology. However, the petitioner opted to participate in the second round of counseling in order to secure seat in different college by holding on to the seat which was already allotted. In the second round of counseling, the petitioner was allotted the same engineering seat in the same college. The petitioner, again, participated in the third round of counseling, however, she was not allotted any seat. The petitioner, thereafter, participated in the special counseling session held for engineering course on 20.08.2019 and was allotted a government seat in the mechanical engineering in BMS College of Engineering, Bangalore. However, the petitioner neither paid the fee nor reported to the allotted college for admission. The petitioner, again, participated in the mop up round of counseling held on 09.08.2019 for Medical and Dental courses. However, in the aforesaid counseling session, the petitioner did not select any seat.
The petitioner, however, obtained admission on 20.08.2019 in BDS course in the Respondent No.2 College, under the management quota. However, her name was not included in the list of students who had been allotted medical and dental seats in the counseling session held on 09.08.2019 as she had not selected any seat in the said disciplines. The petitioner joined the respondent No.2 College, admittedly, before the last date prescribed for admission. Thereafter, the petitioner submitted a representation to enter her name in the portal of Karnataka Examination Authority. However, the representation submitted by the petitioner failed to evoke any response. Under the circumstances aforesaid, the petitioner has approached this court.
Learned counsel for the petitioner submitted that the petitioner has taken admission under the Management quota on 20.08.2019 and is prosecuting her studies. It is also submitted that she has already appeared in the first year examination of BDS Course pursuant to an interim order dated 01.02.2021 passed by this court. It is also urged the petitioner is eligible to appear in the second year examination of BDS course. It is also urged that the admission of the petitioner to the BDS course does not suffer from any infirmity and for the inaction on the part of the Karnataka Examination Authority or the University, the petitioner cannot be made to suffer.
On the other hand, learned counsel for respondent Nos.1 to 3 did not dispute the entitlement of the petitioner to the BDS course. However, it is argued that the admission of the petitioner to the BDS course has been made in contravention of the interim order dated 09.05.2017 passed by the Supreme Court in W.P.No.267/2017.
We have considered the submissions made on both the sides. The entitlement of the petitioner to the course in question viz., BDS course is not in dispute. The petitioner has admittedly appeared in the NEET examination and has qualified in the same. The petitioner by virtue of an interim order dated 01.02.2021 passed by a bench of this court has completed the first year and it is also not in dispute that she is eligible to appear for the second year examination. So far as the contention of learned counsel for respondent Nos.1 to 3 that the admission of the petitioner to BDS course has been made in contravention of the interim order dated 09.05.2017 passed in W.P.No.267/2017 is concerned, suffice it to say that the aforesaid order pertains to admission of All India quota seats in Government Medical Colleges as well as seats pertaining to government seats in deemed university. It is pertinent to note that the petitioner has not been admitted under any Government Seat to the BDS Course under the management quota to BDS course. Therefore, the aforesaid order is not applicable to the facts of the case besides nothing has been show.
No other legal impediment has been demonstrated before us to vitiate the admission of the petitioner to the course in question. Therefore, taking into account the fact that the petitioner has already completed the 1st year course of BDS and she is entitled to appear for II year BDS course examination and in the facts of the case, we direct the University to approve the admission of the petitioner to the course in the respondent No.2-Institution within a period of three weeks from the date of receipt of copy of the order. Needless to state that the petitioner shall be entitled to appear in the second year examination of BDS course and to pursue her course. It is also needless to state that the university has to declare the result of the first year examination of the petitioner and to permit her to appear in the second year examination, which is scheduled to commence from 16.11.2021.
Accordingly, the appeal is disposed of with the aforesaid directions.