SUMMAYYA KAUSAR ATTAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioner seeks a writ of mandamus to respondent No.2 to accept the study certificates issued to the petitioner for the purpose of PGET NEET-2021 admission to post graduate medical course for the academic session 2021-22 in the State of Karnataka and to permit the petitioner to select the seat in the second round of counseling under the Karnataka State Quota of Muslim Minority Quota (hereinafter referred to as the 'category clause-b MM1' for short) in the PG medical course.

(2.) The petitioner obtained MBBS degree from Al-Ameen College, Bijapur in the year 2016. Under the Regulations framed by the Karnataka Examination Authority (hereinafter referred to as 'the Authority' for short), a person become entitled to avail a seat under the category (clause-b MM1). The petitioner has studied from 1st Standard to 12th Standard / 2nd PUC in the State of Karnataka. It is not in dispute that the petitioner has completed her education from Class 1 to Class 3 in Anjuman Urdu School, Bijapur, Class 4 to 7 in SECAB English Medium Primary School, Bijapur and from Class 8 to 10 in SECAB English Medium High School, Bijapur and 1st and 2nd PUC from Sadvidya PU College, Mysore. Thus, the petitioner has studied from Class 1 to IInd year PUC in the Sate of Karnataka and is entitled to avail of a seat under the Category (clause-b MM1). The petitioner appeared in NEET-PG examination in the year 2021 and submitted an application for admission to post graduate medical course for the academic year 2021-22. As per the petitioner's rank, the slot for verification of the documents was fixed for 20/1/2022. The petitioner, however, procured the study certificates from Bijapur on 21/1/2022 around 5.30 p.m. in the evening and traveled to Bangalore on 23/1/2022. The petitioner tendered the aforesaid documents on 24/1/2022 to the Authority. However, the Authority refused to accept the same on the ground that the petitioner did not submit the documents within the stipulated time i.e., on 20/1/2022. In the aforesaid factual background, this petition has been filed.

(3.) Learned counsel for the petitioner submitted that due to circumstances beyond control of the petitioner, the petitioner could not submit the documents on 20/1/2022 before the authority. It is further submitted that immediately on receipt of the documents, the petitioner has approached the authority and has tendered the documents. It is also submitted that in somewhat similar circumstances, a division bench of this court had permitted a student to appear in the subsequent round of counseling subject to payment of costs of Rs.1.00 Lakh. In support of aforesaid submission, reliance has been placed on division bench decision of this court in JEEVITH U VS. EXAMINATION AUTHORITY AND ANOTHER IN W.P.NO.13906/2020 dtd. 15/12/2020.