KEERTHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN these batch of writ petitions, petitioners are the students of M. B. B. S. Course and B. D. S. Course admitted in various Colleges on the basis of selection made by the Common Entrance Test Cell (for short, CET Cell) for the academic year 20022003. A few of the petitioners students were selected under the Management Quota also. All these petitioners have sought for a direction directing the respondent University and the respective Colleges to permit the petitioners to pay the examination fee for the I Year M. B. B. S. and B. D. S. examinations of the academic year 2002-2003 scheduled to be conducted by the respondent University in the month of September, 2003.

(2.) THE grievance of the petitioners made out by the counsel appearing in these petitions is that, the petitioners were earlier admitted through CET Counseling to respective Colleges for M. B. B. S. , B. D. S. and Engineering Courses and when they were prosecuting their studies in pursuance of the permission granted by the State Govt. and Central Govt. some of the aggrieved persons have come up before this Court by filing W. P. Nos. 39772 and 42277 of 2002. This Court by order dated 3. 12. 2002 passed in the said writ petitions directed the State Govt. and the CET Cell to conduct the selection process on the basis of the merit of the students. Accordingly the second special admission round for medical / dental seats was conducted by the CET Cell by issuing Notification dated 12/12/2002 pursuant to which, the petitioners have been selected and admitted to respective Colleges.

(3.) WHEN things stood thus, the Respondent University has approved the admission of all these petitioners and intimated the same to the respective Colleges by way of communication dated 2. 8. 2003. However, in the said communication, a foot-note is given to the effect that the petitioners are eligible to appear for the examination to be conducted by the University only in the month of March / April, 2004 as all these petitioners were admitted to the MBBS / BDS Course only after 30. 11. 2002. Being aggrieved by the said communication, the petitioners have immediately come up in the instant writ petitions praying for a direction to the University to permit them to appear for the I Year MBBS / BDS Examination to be conducted during the month of September, 2003. This Court, after hearing the learned counsel appearing on either side, has, by way of an interim order directed the respondent University to accept the examination fee from these petitioners and issue the necessary application forms and admission cards to them and further permit the petitioners to appear for the examination commencing in the month of September, 2003. IN the said interim order, the respondent University was directed not to announce the result of examination until further orders from the Court and further it was clarified that the petitioners shall not claim any equity during hearing of these cases. This Court further made it clear that the said interim order granted is subject to result of the instant writ petitions.