Case Note & Summary
The petitioner, Aishwarya M, was allotted a BDS seat by COMED-K (Consortium of Medical, Engineering & Dental Colleges of Karnataka) in the 4th respondent college (Sharavathi Dental College & Hospital) for the academic year 2016-17, based on her NEET result declared by CBSE. After admission, when the college sent her papers to the Rajiv Gandhi University of Health Sciences (RGUHS), the University refused to approve the admission on the ground that her NEET score was not qualified. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a direction to the University to approve her admission. The Court observed that the allotment was made by COMED-K, which is the competent authority for such admissions, and the college had recommended her admission. The Court held that the University cannot refuse approval solely on the ground that the NEET score was not qualified, as the allotment was valid. The Court directed the University to approve the admission of the petitioner to the 1st year BDS course for the academic year 2016-17 as per the list of students submitted by the college on 7.10.2016.
Headnote
A) Education Law - Medical Admission - NEET Qualification - COMED-K Allotment - University Approval - The petitioner was allotted a BDS seat by COMED-K based on NEET result declared by CBSE. The University refused to approve the admission on the ground that the NEET score was not qualified. The Court held that since the allotment was made by COMED-K, which is the competent authority, and the College had recommended the admission, the University cannot refuse approval solely on the ground of non-qualifying NEET score. The Court directed the University to approve the admission. (Paras 1-4)
Issue of Consideration
Whether the University can refuse to approve admission of a student who was allotted a BDS seat by COMED-K based on NEET result, on the ground that the NEET score was not qualified?
Final Decision
The Court directed the University (R3) to approve the admission of the petitioner to the 1st year BDS course in the 4th respondent college for the academic year 2016-17 as per the list of students submitted by the college on 7.10.2016.
Law Points
- Admission to medical/dental courses
- NEET qualification
- COMED-K allotment
- University approval
- Article 226 of Constitution of India
Case Details
2017 LawText (KAR) (03) 12
Writ Petition No.5818/2017 (EDN-MED-ADM)
Jayant Patel, N.K. Sudhindrarao
Sri.Ajoy Kumar Patil (for petitioner), Ms.Niloufer Akbar (AGA for R1), Sri.K.Shashi Kiran Shetty (Sr.Counsel for Ms.Farah Fathima for R2), Sri.N.K.Ramesh (for R3), Sri.Abhishek Malipatil (for R4)
State of Karnataka, COMED-K, Rajiv Gandhi University of Health Sciences, Sharavathi Dental College & Hospital
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking direction to University to approve admission to BDS course.
Remedy Sought
Direction to the University (R3) to approve the admission of the petitioner to the 1st year BDS course in the 4th respondent college for the academic year 2016-17 as per the list of students submitted by the college on 7.10.2016.
Filing Reason
The University refused to approve the admission of the petitioner on the ground that her NEET score was not qualified.
Issues
Whether the University can refuse to approve admission of a student who was allotted a BDS seat by COMED-K based on NEET result, on the ground that the NEET score was not qualified?
Submissions/Arguments
Petitioner argued that she was allotted the seat by COMED-K based on NEET result and the college recommended her admission, so the University cannot refuse approval.
Respondents' arguments not mentioned in the judgment text.
Ratio Decidendi
The University cannot refuse approval of admission solely on the ground that the NEET score was not qualified when the allotment was made by the competent authority (COMED-K) and the college recommended the admission.
Judgment Excerpts
The short facts of the case appears to be that the petitioner was allotted BDS seat by COMED-K in the 4th respondent-College for the academic year of 2016-17 on the basis of NEET result declared by CBSE.
After the admission, when the papers of the petitioner were sent to the University, the University did not approve the admission on the ground that the NEET score of the petitioner was not qualified and a communication to that effect was also made by the University.
Under the circumstances, the petitioner has approached this Court.
Procedural History
The petitioner was allotted a BDS seat by COMED-K for the academic year 2016-17. After admission, the University refused to approve the admission on the ground that the NEET score was not qualified. The petitioner then filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka.
Acts & Sections
- Constitution of India: Article 226
