Dr. Swetha T vs State Of Karnataka & Others

Anant Ramanath Hegde J

This writ petition is filed seeking a writ of mandamus wherein the petitioner prays to pass appropriate writ or order or direction, declaring the petitioner to be eligible to select seats of her choice without limiting the choice to M.D. Community Medicine under In-Service category in the counselling process conducted by the respondent Nos.1, 2 and 3 and to allot seats in accordance with the petitioner's merit/rank. The petitioner has also sought interim prayer seeking a direction to the respondents to permit the petitioner to participate in the second round of Post Graduate Entrance Test, 2021 Counselling - PG - Medical, by permitting the petitioner to opt for post graduate medical seats from all clinical and para clinical faculties, apart from M.D. Community Medicine, and to allot seats to the petitioner in accordance with her choice.

This case is listed today to consider the interim prayer, with the consent of learned counsel for the petitioner the matter is taken up for final disposal.

Heard learned counsel for the petitioner as well as learned counsel for respondents.

Learned counsel for respondent No.3-Karnataka Examination Authority (KEA) has produced option entries submitted by the petitioner and as per the said entry, petitioner has opted for 17 colleges. It is submitted by the learned counsel for the KEA that to participate in the counselling process as in-service cnadidate the petitioner must have completed five years in-service.

This Court is not examining the eligibility or otherwise of the petitioner to get selected in the counselling. It is for the concerned authority to examine the eligibility or otherwise of the petitioner. Accordingly, there is no need to pass any interim order in this petition. The KEA shall consider the application and 17 options filed by the petitioner in accordance with law, if she is eligible. It is also brought to the notice of this Court that the eligibility criteria are prescribed under Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to the Post Graduate Medical and Dental Degree and Diploma Courses. The Authority shall examine the claim of the petitioner in the light of the eligibility criteria fixed under Rule 10 referred above and take appropriate decision.

Accordingly, writ petition is disposed of.

Registry is directed to furnish a copy of this order forthwith, today itself.