Karnataka HC notice on plea against Comed-K admission norms

The High Court of Karnataka on Monday ordered emergent notice to the state government, the Karnataka Examinations Authority (KEA), the Admission Overseeing Committee, the Consortium of Medical and Dental Colleges in Karnataka (Comed-K), on a public interest litigation (PIL) challenging the admission guidelines for the year 2022-23.

A division bench headed by Acting Chief Justice Alok Aradhe on the petition is filed by advocate N P Amrutesh.

The petitioner submitted that the penalty clause in Comed-K’s guidelines for admission (2022-23) in private engineering colleges in Karnataka is drastic, arbitrary and against the principle of natural justice. According to the petitioner, the guidelines state that if a student surrenders the seat allotted in the first round of counseling or fails to report to the college he has to cough up five times tuition fee as penalty.

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The petition claimed that the policy severely affects and burdens lakhs of students who are planning to pursue higher studies in various fields which come under the umbrella of Comed-K.

The petitioner contended that the policy is also against the guidelines laid down by the apex court in both T M A Pai case and P A Inamdar case as well as the rules framed by the state government in 2006, pertaining to admission in private professional education institutions.

“If the students are compelled to report to the colleges and get admission done, they will lose their right to choose colleges and subjects of their choice. Comed-K cannot act as per their own whims and fancies,” the petitioner said.

According to the petitioner, if the students are permitted to wait and participate in all the rounds of counselling, including the supplementary round, the students will have a better selection of courses and colleges of their choice.

The bench also ordered notice to the University Grants Commission (UGC), All India Council for Technical Education (AICTE) and the Karnataka Unaided Private Engineering Colleges Association (KUPECA).