Suhasini R.D., Shakti Nagar, Near C.I.B. Colony, Gulbarga and Soujanya B. Raje vs The State Karnataka

B.S. Patil

In this writ petition, petitioners are the two students who appeared for the Medical Entrance Test and had been assigned rankings in the CET examination at No. 12821 and 9335, respectively. They are seeking a declaration to declare the selection and admission of as many as 35 students as illegal and inoperative having been made against the reserved category meant for Scheduled Castes. At this stage, it has to be observed that the petitioner has made only one student by name Chaturya A as respondent No. and as regards other 32 students they are not arrayed as party respondents. Therefore, question of declaring the admission of other students under the Government quota in General Category as illegal and inoperative will not arise.

Learned Counsel for the petitioners submit that the petitioners are only two in number and they would be satisfied if their grievance is considered without disturbing the admissions of other candidates, by giving appropriate direction to the authorities to accommodate the students for the academic year. His contention is that while admitting the students against the reserved category meant for Scheduled Castes the procedure that was required to be followed is that such of the candidates belonging to Scheduled Castes who are more meritorious and who can be selected as against the General Category have to be first selected under the General Category and not as against the reserved category for Scheduled Castes. In this regard, he submits that although there were number of meritorious Scheduled Castes candidates who ought to have been selected in the General Category, the respondents have selected only four candidates belonging to the Scheduled Castes as against General merit category and as many as 39 who ought to have been considered under the General Category have been selected under the reserved category meant for Scheduled Castes, thereby depriving the other eligible candidates though less merited from availing the opportunity of getting selected under the reserved category meant for Scheduled Castes. Learned Counsel for the petitioners has placed reliance on the judgment of the Apex Court in the case of Ritesh R. Sah V/s Dr. Y.L. Yamul and Others-1996(3) Supreme Court Cases 253, in this connection.

This submission is strongly refuted by the learned Government Advocate. He has taken me through the statement of objections and the seat matrix enclosed which has been issued college-wise mentioning the details pertaining to the Government Medical Colleges and the number of Government seats available and the category-wise reservations, to contend that in none of the colleges the system of reservation and the number of seats earmarked for each category has been violated much less with regard to Scheduled Castes category. It is submitted by the Government Advocate that the selection is made strictly as per the seat matrix and based on college-wise preference given by the candidates. It is further submitted that the seat matrix, came to be issued as back as on 11.07.2012 and based on the seat matrix selection process and the consequent admissions have been made and totally about 314 candidates belonging to Scheduled Castes have been selected which is strictly incompliance with the seat matrix. He also points out that the seat matrix itself is issued pursuant to the relevant rules viz,. The Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006. It is his submission that in the absence of any challenge to the seat matrix and to the Rules, it is not open for the petitioners to seek a declaration that the selection made is illegal, void and inoperative. It is also his submission that no relief can be granted to the petitioners in view of the fact that the entire process of admission has been completed as back as on 30.09.2012 and the admitted students are already prosecuting their studies.

In the light of the respective contentions, I have carefully examined the materials on record and find that the Apex Court has time and again made it very clear that the admissions made to the professional courses, particularly the Medical courses which have been ordered to be effected within a time frame should not be interfered and this Court cannot exercise its writ jurisdiction to disrupt the academic sessions or the intake capacity fixed for admissions for different institutions. If this Court were to interfere at this stage, it has to necessarily issue certain consequential directions to the respondents to accommodate these two petitioners. Such a recourse is impermissible. Moreover, the petitioners have not challenged the seat matrix or the rules based on which the seat matrix is issued in which event the matter would have gone before Division Bench, and the issues raised could be considered exhaustively. Even otherwise, the petitioners have not made all the students likely to be affected as party respondents. This Court will not embark upon examining the merits of the matter as the petitioners cannot be given any relief. Hence, these writ petitions are dismissed.