MS.SURISETTY SHIVANI vs KARNATAKA EXAMINATION AUTHORITY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58034-DB
WP No. 31375 of 2026
CNR: KAHC010693132026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI
AND
THE HON'BLE MRS. JUSTICE N.V.BHAVANI
WRIT PETITION NO.31375 OF 2026 (EDN-RES)
BETWEEN:
MS. SURISETTY SHIVANI
D/O SURISETTY GOPIKISHAN
AGE ABOUT 18 YEARS
RESIDING AT NO.205,
LORE PRIDE APARTMENT, FERNS CITY ROAD,
FERNS CITY, DODDANAKUNDI,
MARATHAHALLI, MARATHAHALLI COLONY,
BENGALURU - 560 037
KEA REGISTRATION NO. 26457004
…PETITIONER
(BY SRI. GAUTAM S. BHARDWAJ, ADVOCATE FOR
Digitally
signed by
YASHODA K L
Location:
HIGH COURT
OF
KARNATAKA
SRI. ADITI P GOUDAR, ADVOCATE)
AND:
1. KARNATAKA EXAMINATION AUTHORITY
REPRESENTED BY THE EXECUTIVE DIRECTOR,
TH
SAMPIGE ROAD, 18 CROSS,
MALLESHWARAM,
BENGALURU - 560012
2. NATIONAL TESTING AGENCY
TH
5 FLOOR, GOVERNMENT OF INDIA,
PRESS BUILDING,
MINTO ROAD,
NEW DELHI - 110002
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NC: 2026:KHC:58034-DB
WP No. 31375 of 2026
CNR: KAHC010693132026
3. NATIONAL MEDICAL COMMISSION
POCKET-14, SECTOR 8,
DWARKA
PHASE - 1, NEW DELHI - 110077
…RESPONDENTS
(BY SRI. N. K. RAMESH, ADVOCATE FOR R1;
SRI. VINAY VENUGOPAL, CENTRAL GOVERNMENT SENIOR
PANEL COUNSEL FOR R2)
THIS WRIT PETITION IS FILED PRAYING UNDER ARTICLE
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENT No. 1 TO DECLARE THE PETITIONER (i.e., KEA
REGISTRATION No. 26457004) BELONGING TO THE OTHER
BACKWARD CLASSES (OBC) BY CONSIDERING HER
REPRESENTATIONS DATED 19.08.2026 AT ANNEXURE-A1 AND
A2 TO THE PRESENT WRIT PETITION, PASS SUCH OTHER
WRIT, ORDER, OR DIRECTION AS DEEM FIT IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI
AND
HON'BLE MRS. JUSTICE N.V.BHAVANI
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HC-KAR
NC: 2026:KHC:58034-DB
WP No. 31375 of 2026
CNR: KAHC010693132026
ORAL ORDER
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
Heard learned counsel for the petitioner and learned
1
counsel appearing for the Karnataka Examination Authority .
2. This petition is filed seeking the following reliefs:
i) Writ in the nature of mandamus directing the
respondent No.1 to declare the petitioner (i.e. KEA
Registration No.26457004) belonging to the Other
Backward Classes (OBC) by considering her
representations dated 19.08.2026 at Annexure-
‘A1’ and ‘A2’ to the present writ petition,
ii) Pass such other relief, order, or direction as
deemed fit in the interest of justice and equity.
3. It is submitted by the learned counsel for the
complainant that in the scorecard of the UGNEET-2026
issued by the National Testing Agency, she had obtained
total marks of 185 out of 720 marks having NEET All India
Rank of 1148509. It is submitted that it was due to an
inadvertence that the petitioner had marked herself in the
general category, whereas she is actually an Other Backward
1
For short ‘KEA’
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2
Class candidate, who had omitted to fill up the relevant
column in the online application form for UGNEET-2026.
4. Learned counsel has also referred to certain
judgments of this Court wherein relief has been granted to
certain candidates and relief has been refused to some
candidates. In one of the judgments cited i.e., in the case of
Dr.C.Anusha Vs. National Board Of Examinations In
3
Medical Sciences & Others
, this Court considered the
judgments of Dr. Lakshmi P Gowda Vs. National Board
4
Of Examinations In Medical Sciences & Another , as
well as the case of Bhanusri S Vs. State Of Karnataka &
5
Others .
5. The aforesaid two cases of Dr. Lakshmi and
Bhanusri were distinguished, and it was observed by the
court that the petitioner had come before the court after the
result of NEETPG-2025 was announced and therefore both
2
OBC
3
W.P.No.27597/2025
4
W.P.No.12859/2023
5
W.P.No.15418/2024
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the cases relied upon by the counsel for the petitioner were
distinguishable on facts.
6. Learned counsel has submitted a judgment of the
Supreme Court in Dolly Chhanda Vs. Chairman, JEE &
6
Others with pointed reference to paragraph No.7 thereof to
contend that the Supreme Court observed that it would not
be proper to apply any rigid principle as it pertains in the
domain of procedure and every infraction of the rule relating
to submission of proof need not necessarily result in
rejection of candidature. However, learned counsel for the
petitioner has fairly admitted that the facts of the case in
Dolly Chhanda were different in comparison to the facts of
the instant case.
7. In Kum. Krupali B.H. Vs. State Of Karnataka
7
& Another , this Bench has considered a similar matter and
has dismissed the petition while relying upon the provisions
of the Brochure issued by the KEA with regard to UGNEET-
6
(2005) 9 SCC 779
7
W.P.No.31407/2026
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2026 and relying upon a Coordinate Bench decision of this
Court.
8. Learned counsel for the respondents has
produced an online application form for the year 2026
bearing Application No.26457004 of the petitioner herself
pertaining to common UG Online Application 2026 submitted
in respect of various courses other than MBBS-BDS. It is
submitted that in that form also, which was uploaded on
20.07.2026, the reservation category of the petitioner is
mentioned as ‘GM’ i.e., General Category. This application
form that is submitted by the learned counsel for the KEA is
taken on record.
9. It has also been sought to be demonstrated by
the learned counsel appearing for the National Testing
Agency with reference to page No.17 of the writ petition,
which is a letter dated 19.08.2026 issued by the petitioner to
the Director of KEA, that as per own admission of the
petitioner, the relevant reservation certificate pertaining to
OBC category was obtained by her only on 18.08.2026,
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whereas, as per the own admission of the petitioner in
paragraph No.4 of the writ petition, the application form was
submitted by her on 27.02.2026.
10. In view of the aforesaid facts and circumstances,
we decline to interfere in this case in exercise of jurisdiction
under Article 226 of the Constitution of India. This petition is
therefore, dismissed .
SD/-
(JAYANT BANERJI)
JUDGE
SD/-
(N.V.BHAVANI)
JUDGE
DR
List No.: 2 Sl No.: 7