Case Note & Summary
The matter pertained to two writ petitions filed by dental colleges and aspiring students seeking mandamus against the Karnataka Examination Authority (KEA) for not opening its online registration portal during the scheduled mop-up round 2 counselling for BDS admissions for the academic year 2021-22. The petitioner institutions, Sri Venkateshwara Dental College and Hospital and KVG Dental College and Hospital, had vacant seats after the admission rounds, and the student petitioners had qualified in the NEET but could not register as the KEA portal was inaccessible on the prescribed dates of 2nd and 3rd May 2022. The last date for admissions was 15.05.2022. Despite a letter dated 12.05.2022 from the colleges to KEA, no remedial action was taken. Consequently, the petitioners approached the High Court under Articles 226 and 227 of the Constitution seeking directions to open the portal, permit admissions, and for consequential approvals from the Dental Council of India and the Rajiv Gandhi University of Health Sciences. The respondent authorities included the State Government, Directorate of Medical Education, Dental Council of India, Directorate General of Health Services, Karnataka State Dental Council, and the University. The KEA alone filed a statement of objections, while other respondents did not. The Division Bench of Justice B. Veerappa and Justice K.S. Hemalekha heard the matter on preliminary hearing on 07.09.2022, clubbed the petitions, and disposed of them by a common order. The text of the judgment provided to the court included the facts, prayers, and the procedure of admissions but was truncated and did not contain the court's analysis, the submissions in detail, or the final decision. Hence, the legal reasoning and outcome remain unknown from the available extract. The petitions raised the core question whether a writ of mandamus could be issued to compel the examination authority to reopen the portal beyond the cut-off date when the portal was not functional during the scheduled period, causing prejudice to students and institutions with vacant seats.
Issue of Consideration
Case Details
2022 LawText (KAR) (09) 63
Writ Petition No.12902 of 2022 (EDN-MED ADM) and Writ Petition No.12946 of 2022 (EDN-MED ADM)
Justice B. Veerappa, Justice K.S. Hemalekha
Sri Krishna T., Advocate for petitioners; Sri Laxminarayan, Additional Government Advocate for R1 & R2; Sri N.K. Ramesh, Advocate for R3; Sri Aditya Bhat, Advocate for Sri G.S. Bhat, Advocate for R4; Sri V.C. Sudeep, Central Government Standing Counsel for R5; Smt. Sumana Baliga, Advocate for R6; Sri Ashok N. Nayak, Advocate for R7
Sri Venkateshwara Dental College and Hospital, Ms. Sreelekshmi Sreemumar, Ms. Anjali Xavier (in W.P. No.12902/2022) and KVG Dental College and Hospital, Ms. Sheethal P., Ms. Shifina O., Ms. Asniya Shirin, Ms. A. Ayishath Sabeeha (in W.P. No.12946/2022)
State of Karnataka, Directorate of Medical Education, Karnataka Examination Authority, Dental Council of India, Directorate General of Health Services, Karnataka State Dental Council, Rajiv Gandhi University of Health Sciences
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition seeking mandamus to open portal for BDS admissions after cut-off date.
Remedy Sought
The petitioners sought a writ of mandamus directing Karnataka Examination Authority to open its website/portal to facilitate registration of the student petitioners and to permit the colleges to admit them to BDS course for the academic year 2021-22, and further directions to the Dental Council of India and the University to approve such admissions.
Filing Reason
The Karnataka Examination Authority's online portal was not open on the scheduled dates of 2nd and 3rd May 2022 for the mop-up round 2 counselling, preventing the eligible students from registering despite having vacant seats in the colleges.
Judgment Excerpts
the website/portal of the Karnataka Examination Authority- respondent No.3 which facilitates the registration was not at all open due to the reasons best known to respondent No.3 and therefore, petitioner-students could not register themselves in terms of the schedule announced by the Medical Counselling Committee for Mop-up round 2 counselling for BDS 2021.
As per the note issued by the Karnataka Examination Authority, the last date for admission to BDS i.e., Dental Courses for the academic year 2021-22 was 15.05.2022 and in view of the non availability of the website/portal of the Karnataka Examination Authority-respondent No.3 for registration, petitioner-students were deprived of getting admission to BDS course for the academic year 2021-22.
Procedural History
The writ petitions were filed under Articles 226 and 227 of the Constitution of India. On 07.09.2022, both petitions were clubbed together for common hearing and disposal by a Division Bench of the High Court.
Acts & Sections
- Constitution of India: 226, 227
