The Karnataka High Court directed the Government of Karnataka to pay Rs 10 lakh to an MBBS student to compensate for the loss caused by wrongly categorising her for a private seat instead of under sports quota.
A division bench of Chief Justice NV Anjaria and Justice KV Aravind passed the order while disposing of the petition filed by Sanjana Raghunath, a chess player from HSR Layout in the city.
"The petitioner is compelled to pay approximately Rs 11,88,000 per year. The additional financial burden on the petitioner to spend a higher amount for her MBBS course is a result of the action of the authorities being arbitrary and in breach of the rules and regulations, which affected the rights of the petitioner and her further prospects," the court said, stated a report by The New Indian Express.
The court noted that the state has committed a serious error in placing the petitioner in the category P-V and not in P-I as contended. The petitioner is pursuing MBBS from a private seat due to the arbitrary action of the state, and the wish of the parents and the student in pursuing sports to claim incentive for preference in admission is totally unfulfilled.
The court recognises the volume of time and money spent on pursuing the sport, apart from the sacrifice of academic training.
Advocate MP Srikantha, representing the petitioner, submitted that Sanjana was aspiring to become a doctor. She appeared in the National Eligibility-cum-Entrance Test - Undergraduate (NEET-UG) and scored a good rank. She filed an application seeking admission to government seats in medical colleges against the quota reserved for sports.
Instead of considering her in Preference-I or P-III category, she was given P-V and placed at Sl No 9 in the provisional eligibility list. Hence, she approached the high court seeking directions to consider her case against a seat reserved for sports quota, he argued.
During the pendency of the petition, sports quota seats were filled and she was admitted to the MBBS course on a private seat.
The Karnataka Examinations Authority (KEA) contended that admission to the academic year 2023-24 was complete and she was studying at Sapthagiri Institute of Medical Sciences in the city and cannot be considered under sports quota as it will affect the entire selection process.
The state government contended that the list of eligible candidates is prepared as per Rule 9(1)(B) of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institution Rules, 2006.
Also, stating that performance of the candidate is considered for the study period between Class VIII to XII, the state government contended that participation and winning medals would be considered between June 1, 2018, and March 31, 2023, as per circular dated June 23, 2023, and any achievement thereafter is not considered, stated The New Indian Express report.
However, the court noted that the circular cannot have an overriding effect on Rule 9 of the Rules 2006 and hence, the reliance by the state on the cut-off date is not sustainable.