B VIJAYALAKSHMI REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is a classic case where merit is discarded with impunity by the respondent-Colleges while selecting students for the study of MBBS course despite the Hon'ble Supreme Court declaring time and again that merit and merit alone should be the basis of selection for the candidates.

(2.) THE brief facts of the case are as under:petitioner had appeared for Common Entrance Test conducted by the 3rd respondent (COMED. K) for admission of MBBS course for the Academic year 2004-05 and had secured rank No. 3545. Thereafter, she made applications to respondent-Colleges 4 to 9 for allotment of medical seat in those Colleges. Since none of the Colleges responded to her request, she has filed this writ petition for a mandamus directing the respondents to conduct a common counselling as conducted by the Entrance Test Cell established by the State Government.

(3.) PETITIONER filed an application I. A. No. 1/04 for a direction to the second respondent to call for records from respondents 4 to 9 Colleges in respect of admission made by them and in the event of any student who has secured lesser merit than the petitioner have been admitted in any of the respondents 4 to 9 Colleges, to inform the Court about the same and for a direction to one of the respondent-Colleges to admit her in place of any students being admitted in any of the respondent-Colleges having lesser merit. Petitioner has filed a memo not pressing the petition against respondent No. 6 as it is a Minority Institution and she has not taken the test conducted by it. By an order dated 7. 6. 2005, the petition was dismissed against respondent No. 6.