MANASA N. D/O. SRI M.N. NAGARAJU Vs. THE EXECUTIVE DIRECTOR KARNATAKA EXAMINATIONS AUTHORITY AND THE STATE OF KARNATAKA DEPARTMENT OF SOCIAL WELFARE, REP. BY ITS SECRETARY

JUDGEMENT

(1.) THE Petitioner, after passing PUC II Year examination, appeared for Common Entrance Test. At the time of filing an application to appear for Common Entrance Test, she had produced a Caste certificate issued by the Tahsildar, Chickballapura wherein her caste (Balija) was classified as 3A category. In the GET examination, the Petitioner's Medical ranking was declared as No. 3608. She was called for counselling. As she was interested in MBBS course, she appeared for counselling on 17.07.2011 for getting medical seat. However, she could not get the medical seat on 17.07.2011 under 3A category. Subsequently, the Petitioner's caste viz., 'Balija community' is reclassified from 3A category to 2A category by virtue of a notification issued by the State Government on 16.07.2011. As such, the Petitioner once again obtained her Caste Certificate under 2A category on 4.08.2011 from the Tahsildar, Chickballapur. The second round of counselling for medical seat was fixed on 5.8.201 I in respect of the Petitioner's ranking. According to the Petitioner, though a Medical seat under 2A category was available on that day, the authorities of the Respondent No. 1 denied allotment of medical seat to the Petitioner in spite of the Petitioners persuasions made to convince the Respondent No. 1 that due to change in the notification regarding re -classification of the Petitioner's caste her category has changed from 3A to 2A. Petitioner's further case is, on the very day, that is on 5.8.2011, Respondent No. 1 had allotted medical seat in a Medical College at Mangalore to another candidate by name Kiran K whose ranking was 3780 under 2A category. The sum and substance of the case of the Petitioner is that the Petitioner has been denied seat though she is entitled to get seat under 2A category on 5.8.2011.

(2.) SRI N.K. Ramesh, learned Counsel appearing on behalf of the first Respondent opposes the writ petition on the ground that on 5.8.2011, none of the medical seats were available in any one of the Medical Colleges at Bangalore. However, the medical seats in respect of 2A category were available outside Bangalore, According to him, the Petitioner's case was considered under 2A category but she herself declined the seat outside Bangalore. On that day no seat was available at Bangalore. According to him, the Petitioner was very much particular in getting a medical seat at one of the Medical Colleges at Bangalore. The next round of counselling was held on 9.8.2011. On that day also, the Petitioner though appeared for counselling, did not opt for any seat as no seat was available at any of the Medical Colleges at bangalore.

(3.) IT is for the Petitioner to choose the seat which is available as on the day of counselling. If none of the seats are available at. Bangalore at the time of counselling, the first Respondent cannot generate the seat and allot the same in favour of the Petitioner.