Karnataka High Court Quashes Seat Matrix Of Telugu Linguistic Minority In A Medical College

The Karnataka High Court has quashed the revised seat matrix issued on January 31, for postgraduate and undergraduate courses in medicine for the academic year 2021-22, by which only Telugu Linguistic minority students residing in Hyderabad-Karnataka region are allowed to apply in a Linguistic minority institution located in that region. A division bench of Justice K. Somashekar And Justice Anant Ramanath Hegde said, "The impugned communication dated 31.01.2022 and revised seat matrix are quashed in so far as it is applicable to the petitioner's institution (NAVODAYA MEDICAL COLLEGE). It added, "The impugned revised seat matrix is quashed in so far as it is applicable to the petitioner's institution. Consequently the 3rd respondent Karnataka Education Authority is directed to conduct the second round of counselling afresh, permitting eligible Telugu linguistic minority students in the State of Karnataka to apply for admission to undergraduate and postgraduate courses in medicine, in the petitioner's institution." Case Background: The college had approached the court questioning the revised seat matrix, by which Telugu Linguistic minority students residing outside Hyderabad-Karnataka region are not allowed to seek admission under the Telugu Linguistic minority quota in the petitioner institution. The court on 02.02.2022 passed a stay order staying all further proceedings under Annexures 'L' and 'L1' the impugned seat matrix. Subsequently, on an application filed by the respondents, vide order dated 24.02.2022, the earlier interim order was partially modified. Petitioners submissions: Senior Advocate Madhusudhan Nayak appearing for the petitioner said, "The petitioner institution is admittedly a linguistic minority institution and is having certain protection under Article 15(6) and 30 of the Constitution of India and the impugned seat matrix violates the rights guaranteed under the aforementioned articles." Further it was said, "The institution is established in Karnataka for the benefit of Telugu linguistic minorities in the entire State of Karnataka. In terms of Rule 2016 referred above, the institution is under obligation to reserve a certain specified percentage of seats (66% of the 55% seats allotted to the institution) for Telugu speaking students in Karnataka as such the revised seat matrix which restricts the reservation only to Telugu minority students from Hyderabad Karnataka is illegal and contrary to Rule 4 (6) of Rules 2016. It was also contended that, "The State is acting contrary to the terms of the consensual agreement wherein it has agreed that institutions have no obligation to reserve seats under Article 371J quota out of 55% of seats available at the disposal of the institution. And State having agreed to fulfil its obligation under Article 371J, in the seats surrendered by the institution in favour of the State (20% and 25% for postgraduate and undergraduate courses respectively) has unilaterally modified the seat matrix contrary to the terms of the agreement. It was also said that the vires of the Order of 2013 passed under Article 371J of the Constitution of India is called in question in a batch of writ petitions and in those cases, this court has passed an interim order staying the operation of the Order of 2013. Thus there is no law/ policy of the State qua article 371J, in force that would enable the State to implement its reservation policy as required under Article 371J. State governments arguments: The government contended that the institution is a Member of the Association of Minority Professional Colleges in Karnataka (AMPCK.) and the Association has entered a consensual agreement with the State relating to seat matrix for undergraduate and postgraduate courses in medicine for the academic year 2020-2022. The State has revised the seat matrix in tune with the requirement of the agreement and the Petitioner institution is claiming rights contrary to the terms of the consensual agreement. Further, the consensual agreement in spirit is nothing but a step towards implementing the State's obligation under Article 371J of the Constitutionof India and the same is binding on the petitioner. It was contended that "In terms of the agreement, the petitioner is bound to provide reservations to Telugu linguistic minority students from Hyderabad Region and not to the Telugu minority students who are outside Hyderabad Karnataka though they are residing in Karnataka. The state government also raised objection on the maintainability of the petition on the ground that petitioner is challenging the consensual agreement. It was said "The right conferred under Article 30 of the Constitution of India in favour of minority institutions is not absolute and it is subjected to reasonable restrictions to be imposed by the Parliament or State." Submission of Karnataka Educational Authority: It was...

Karnataka High Court Quashes Seat Matrix Of Telugu Linguistic Minority In A Medical College

Mustafa Plumber

Tags