VILOHITHA M Vs. KARNATAKA EXAMINATIONS AUTHORITY

JUDGEMENT

(1.) The petitioner is common in both these petitions and the subject matter relates to a medical course undergone by the petitioner and in that regard the consideration with regard to the appropriateness of the order impugned dated 05.04.2017, also in that circumstance the claim as made by the petitioner for return of the documents which had been submitted by the petitioner at the time of admission. In that view these petitions are taken up together and disposed of by this common order.

(2.) The petitioner on being eligible to be considered for admission to the MBBS course had appeared through the respondent Karnataka Examination Authority ('KEA' for short) and was provided admission in the Kempegowda Institute of Medical Sciences for the academic year 2012-13. The admission order was made on 23.07.2012. The petitioner had sought admission under the physically handicapped quota claiming to suffer hearing impairment. The petitioner contends that the necessary documents as required to be considered under the physically handicapped quota had been submitted, pursuant to which the petitioner being selected under the said quota had joined the course. The course consisting of 4 years was successfully completed and she also underwent the internship which presently is completed.

(3.) When this was the position, the respondents initiated action by issue of notice dated 14.07.2014 based on an allegation said to have been made by a third party that the petitioner does not suffer from hearing impairment and the seat as procured under the physically handicapped quota is not justified. Pursuant thereto the respondents required the petitioner to undergo the medical examination. To that extent, a consideration was made by them to refer the petitioner to the NIMHANS and the report as available thereto was to be considered. The same was sent to the Bengaluru Medical College, but on taking note that the father of the petitioner was employed therein as the head of the department had thought it fit that the same be referred to Medical College at Mysore. Ultimately based on the report of Dr.Ravindra P.Gadag who is stated to have opined based on the available documents that the petitioner does not suffer from hearing disability the respondents have arrived at the conclusion that the approval of the admission granted in the case of the petitioner is to be withdrawn and the documents submitted by her is to be foreclosed. It is in that light the order dated 05.04.2017 is issued to the petitioner. The petitioner claiming to be aggrieved by the same is before this Court in this petition. Consequent thereto since the documents of the petitioner has been withheld, the connected petition in W.P.No.22635/2018 is filed.