NILESH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These six writ petitions, filed under Articles 226 of the Constitution of India, challenge the validity of the orders, all dated 29.11.12, passed by respondent No. 3-the Registrar, Sri Devaraj Urs Academy of Higher Education and Research (for short 'the University') whereby all the petitioners have been dismissed from the course of MBBS to which they were admitted in respondent No. 4 - college, affiliated to the University, and directed to vacate the rooms allotted to them in the hostel on or before 3rd December 2012. The order passed in case of one of the petitioners namely Nilesh Kumar (WP 49971/12) reads as follows:

(2.) For the admission to undergraduate (MBBS) course, for the academic year 2012-13, respondent No. 3 Sri Devaraj Urs Academy of Higher Education and Research, comprising Sri Devaraj Urs Medical College (respondent No. 4) published a brochure (SDUAHER-AIUGMET-2012) dated 28.2.2012 and the Notification dated 21.05.2012, containing instructions and details of method and manner of conducting entrance test and counselling process indicating verification at different levels (for short "the brochure" and "the notification"). The brochure/Notification, gave calendar of events for the Under Graduate Entrance Test. As per the calendar, for the entrance test they started issuing online application forms on 8.3.12. The entrance test was conducted on 22.4.12 between 9.00 a.m. to 12.00 noon. The result of the test was declared on 8.5.12 and on 23.5.12 they announce rank list. As per the instructions first round of counselling took place on 29.6.12 and on the same day, insofar as the petitioners are concerned, admission process was completed and they were admitted. The petitioners started attending classes from 1st August 2012.

(3.) It appears that about 1928 application forms from all over the country were received for seeking admission to first year MBBS course and about 662 were declared as eligible candidates to appear for the seat selection and counselling process. Out of 662 eligible candidates, only 288 candidates registered for counselling and seat selection process. In other words, out of 662 candidates, 288 students cleared the entrance test and their names were notified on 21.5.12 in the rank list and they were registered for counselling, which held on 29.6.12. After two rounds of counselling held on 29.6.12 and 25.7.12, finally 150 candidates were selected wherein 127 seats were filled through seat selection and counselling process and remaining 23 seats were filled up inter-se-merit by Management/NRI/Foreign category.