RAJASEKAR REDDY Y. Vs. GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HEALTH & MEDICAL EDUCATION DEPARTMENT AND ORS.

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the respondents. The petitioner's daughter Miss Deekshitha Reddy, is said to have been admitted to a medical course through the Karnataka CET in the academic year 2012 -13 and has successfully passed the I Year MBBS examination with a first class. The petitioner's daughter has been suffering from a condition known as haemophilia, which is a disorder that requires special treatment, which, according to the petitioner, is available at Bangalore. On the announcement of the results of the I Year MBBS course by the third respondent on 17/9/2013, and the petitioner having learnt about student strength of the I Year MBBS course in the respondent No. 4 - medical college at Bangalore and the student strength of I Year MBBS in the respondent No. 5 - college, had applied seeking a no objection certificate and for the transfer of his daughter from the respondent No. 2 - college at Bidar, to respondent No. 4 - college at Bangalore, with the hope that she could be accommodated in one of those institutions. It was followed up by further representations, but however, the same has not been considered. One of the reasons put forward was that, the Institution in which the petitioner's daughter is presently studying, is not recognized by the Medical Council of India (MCI, for brevity) and it is the further grievance of the petitioner that the respondents, without considering the seniority of the application of the petitioner's daughter for migration, and without reference to her special condition, has effected the transfer of other candidates. It is in this background that the petitioner has approached this court seeking appropriate directions for a consideration of the case of his daughter.

(2.) THE respondents have entered appearance and sought to contest the matter, though none have filed statement of objections.

(3.) THE next aspect whether the candidate's application for migration, can be considered, is faced with another aspect namely, that there is only one Government college at Bangalore, which can accommodate her, namely, respondent No. 4. The percentage of migration students who can be accommodated in any given year, is restricted to 5% and having regard to the total number of seats, that quota stands exhausted and therefore the question of accommodating the petitioner's daughter, has been ruled out. It is this aspect, which the learned Government Advocate would bring to the attention of the court.