D.M. PRADEEP KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioners inter alia seek a writ of mandamus directing the respondents to consider the candidature of petitioner No.2 to dental course against government seat.

(2.) Facts leading to filing of this petition briefly stated are that the petitioner No.2 had appeared for National Eligibility Entrance Test (NEET ) 2020 and had scored all India ranking of 214774. Petitioner No.2 participated in the counseling and was allotted a seat in BDS Course in private quota in respondent No.4 college as per the ranking and option of the petitioner No.2. The petitioner No.2 made payment of the prescribed fee and joined the College. Thereafter, petitioner No.2 learnt that the candidates who were less meritorious than him were allotted government seats in Dental Course in Mop up round. The petitioners thereupon filed a writ petition seeking a writ of mandamus to respondents to consider the candidature of petitioner No.2 under the Government seat and a direction to respondents to adjust excess fee paid towards future fee.

(3.) Learned counsel for the petitioner submitted that the petitioner made an application under Right to Information Act, 2005 and learnt that candidates who were less meritorious than the petitioner No.2 were allotted government seats in BDS course. On the other hand, learned counsel for the respondents submit that the petitioner No.2 is not entitled to the relief as sought for by him as in the first round of counseling, the petitioner No.2 was allotted a seat in private quota and the petitioner No.2. joined the course in the institution of respondent No.4. It is also submitted that last date of admission to the course is also over.