SARFARAJ NAWAZ C LONI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ALL these petitions are taken up together for final disposal. W. P. No. 16314 of 2005 petitioner-Sarfaraj Nawaz Loni is before me seeking for a writ of declaration that Rule 3 (l) (d) of the Karnataka Selection of Candidates for Admission to Professional Institutions Rules, 2005 as being arbitrary and ultra vires to Articles 14 and 21 of the Constitution of India. Petitioner seeks permission to appear for counselling to be conducted by the second respondent in II-B category. Petitioner also seeks a direction to the respondents to refund or adjust the tuition fee paid by the petitioner for the academic year 2004-05.

(2.) PETITIONERS in these petitions are seeking for a writ to strike down rule 3 (l) (d) of the Rules in addition to a mandamus to pennit the petitioner to participate in the Counselling. 1. Nusrath Fatima, petitioner 1 was placed at the ranking 3753 in the medical discipline. She appeared for counselling and was given admission to MBBS in category IG at Yenepoya Medical College, mangalore in the category of Government Payment Seats with annual fee of Rs. 1,72,000/ -. Petitioner's father was a Kasai by profession and they are economically weak. Petitioner's parents have nine children including the petitioner. With their meager income it is not possible for them to pay such high fees. Petitioner in those circumstances did not joint the college and instead chose to appear for the subsequent CET examination held in 2005. She was successful and she was placed at 1501 medical ranking.

(3.) PETITIONER 2 secured 86. 5% in PU II Year Science and she appeared the CET 2004 and got 3785 medical ranking. She comes in Category I (I-G ). She was allotted a medical seat in the category of Government payment Seats with annual fee of Rs. 1,72,000/- and admission was given at A. J. Institute of Medical Sciences, Mangalore. Her father was a government servant working as Sub-treasury Officer at Bhalki in Bidar district. Her parents have four children and her father is getting a total emolument of about Rs. 1,55,000/- p. a. Her parents expressed their inability to provide her higher education because of their financial difficulties. It was in those circumstances the second petitioner also did not join the college and instead chose to appear for the CET 2005. In cet 2005 she got the medical ranking of 2029.