GIREESH S/O SURENDRA NAIK Vs. THE KARNATAKA EXAMINATIONS AUTHORITY REPRESENTED BY ITS EXECUTIVE DIRECTOR 18TH CROSS, MALLESHWARAM BANGALORE-560012 AND PRINCIPAL SECRETARY DEPT. OF HIGHER EDUCATION GOVT. OF KARNATAKA M.S. BUILDING BANGALORE@RESPO

JUDGEMENT

(1.) THE petitioner has sought for issue of Writ of Mandamus directing the respondent to consider the case of the petitioner for restoration of the seat allotted to him based on CET ranking at the Navodaya Medical College, Raichur and to pay costs of the proceedings. The petitioner belongs to Scheduled Caste. He has secured 85% in SSLC and passed his PUC in first class from GM Hallamma Pre -University College and appeared for CET examination and obtained 7604th rank and according to him, he was also allotted with the seat in SCG category along with the college code. He was also issued a printed letter by the CET confirming the allotment of seat of his choice No. 2. As per the manual issued by the Karnataka Examinations Authority ('KEA' for short) -respondent No. 1 in page No. 31 as per choice No. 2, if fresh options get allotted, then the earlier allotted seats get cancelled automatically or if fresh options are not allotted, then the earlier seat remains in candidate's favour.

(2.) THE grievance of the petitioner is that respondent No. 1 has erred in cancelling the choice No. 2 and changing it to choice No. 3 without any request from the petitioner and also allotting the seat to another person. According to him, he also looses one year of studies and also there will be no seat in the other colleges. As such, the petitioner is before this court.

(3.) IT appears, earlier the petitioner was allotted Civil Engineering seat for the year 2011 -12 and later, he joined the veterinary course. However, after having joined the veterinary course, he has not intimated the KEA by surrendering the seat allotted for Civil Engineering course, as per the CET ranking. However, he has taken up admission in the Veterinary college. The allegation of the respondent -KEA is that there is grave error on the part of the petitioner in not intimating the KEA well in advance about surrendering of his seat after joining some other course which according to the respondent, is a manipulation by the petitioner. However, according to the petitioner, he has come from rural background and he is innocent of the alleged offences and also he sought for admission during 2012 -13, and he once again appeared for the CET even by giving up his veterinary course which he had joined, after being allotted, as per merit for his ranking. Thereafter, he had been asked to produce the Transfer certificate, but the petitioner has produced the Transfer certificate of the PUC instead of Transfer certificate which ought to have been obtained from Veterinary college. Further, it appears, he has produced Migration certificate instead of Transfer certificate, which ought to have been obtained from the Veterinary college. According to the petitioner, on securing information that he has to produce the Transfer Certificate, from where the candidate has last studied, thereafter, he obtained it and he is ready to produce it on 9.8.2012. The stand of respondent No. 1 is that since the petitioner has not produced the Transfer Certificate from the college where he studied last, the seat has been allotted to some third person on merit and as such, the petitioner cannot claim that he was allotted a Medical seat. Further, the learned counsel for the respondent submits that the petition cannot be entertained as no seat is available much less the admission process has already been completed.