Karnataka High Court
Mr Vibhav Dixit vs State Of Karnataka on 19 November, 2025
1
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
WP No.32519/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 31934 OF 2025 (EDN-RES)
C/W
WRIT PETITION NO. 32428 OF 2025 (EDN-RES)
WRIT PETITION NO. 32391 OF 2025 (EDN-RES)
WRIT PETITION NO. 32510 OF 2025 (EDN-RES)
WRIT PETITION NO. 32519 OF 2025 (EDN-MED ADM)
IN WP No.31394/2025
BETWEEN:
1. MISS CHANDANA M CHAVAN,
AGED ABOUT 19 YEARS,
D/O MARUTI,
R/A. A/P GULEDGUDD,
BALKOTE DISTRICT-587 203.
2. MISS. DISHABANU NADAF,
AGED ABOUT 18 YEARS,
D/O DR.AADAMALI NADAF,
R/A HOUSE NO.6, 410/B,
OPP. KARNATAKA OIL FACTORY,
TAJNAGAR UNKAL,
HUBBALLI-580 031.
3. SHRI.N.SUDAHRSHAN KAMATH,
AGED ABOUT 18 YEARS,
S/O N.NAGESH KAMATH,
2
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
WP No.32519/2025
R/A SRI MANJUNATHA,
7TH CROSS I STAGE,
VINOBANAGAR,
SHIMOGA-577 204.
4. SHRI.VINUTH NAIKWADI,
AGED ABOUT 18 YEARS,
S/O VITTAL NAIKAWADI,
R/A 36 1ST MAIN,
CHOWDAPPA LAYOUT,
K.NARAYANPURA MAIN ROAD,
THANISUNDRA,
BANGALORE-560 077.
5. MISS DIYA PRASHANTH JAIN,
AGED ABOUT 18 YEARS,
D/O DR. PRASHANTH.P,
R/A 22/8, KADEMANE,
3RD FLOOR, 249 CHS,
4TH PHASE MAIN ROAD,
4TH PHASE,
YELAHANKA NEW TOWN,
BENGALURU-560 064.
6. MISS. SHRUTI PATIL,
AGED ABOUT 18 YEARS,
D/O BASVANTHAGOWDA,
R/A. 200, SHRI BASAVAJYOTHI,
NEAR MARUTHI TEMPLE,
DEVARAJ URS COLONY,
BASVAN KUDACHI,
BELAGAVI -591 124.
7. SHRI.CHRYASS BOSCO SALDANHA,
AGED ABOUT 18 YEARS,
S/O DOMINIC R M SALDANHA,
R/AT 24-10-1097/2, 'FLOS CARMELI',
3
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
WP No.32519/2025
MARNAMIKATTA,
MANGALORE-575 001.
8. SHREYA D G,
AGED ABOUT 18 YEARS,
D/O DEVARAJ.G,
R/AT: NARAGONDANAHALLI,
CHIKKABANAGERE POST,
SIRA TALUK, DISTRICT
TUMAKURU-572 113.
9. PRATHYUSH.P,
AGED ABOUT 18 YEARS,
S/O PRAKASH.H,
R/AT: MIG 61, 1ST PHASE,
KHB COLONY GOPALA,
SHIVAMOGGA-577 201.
10. MAHIER R SULLAD,
AGED ABOUT 18 YEARS,
S/O RIYAZ H SULLAD,
R/AT: H-4-601/42/1/61,
2ND CROSS, GREEN HILLS
BAREY HILLS,
BADEPUR,
GULBARGA,
KALABURGI-585 102.
11. LAVANYA SA,
AGED ABOUT 18 YEARS,
D/O ARUN KUMAR,
R/AT: TAMBAKAD NAGAR,
HIREKARUR, HAVERI,
KARNATAKA-581 111.
...PETITIONERS
(BY SRI.VIVEK HOLLA, ADVOCATE FOR PETITIONERS,
V/O DATED 31.10.2025 PETITION IS DISMISSED
IN R/O PETITIONER NO.1 AS INFRUCTUOUS)
4
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
WP No.32519/2025
AND:
1. THE STATE OF KARNATAKA,
HIGHER EDUCATION DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY TO GOVERNMENT.
2. KARNATAKA EXAMINATION AUTHORITY,
SAMPIGE ROAD, 18TH CROSS,
MALLESHWARAM,
BENGALURU-560 012.
REPRESENTED BY ITS
EXECUTIVE DIRECTOR.
3. NATIONAL MEDICAL COMMISSION,
POCKET-14, SECTOR-8
DWARAKA, PHASE-1,
NEW DELHI-110 077,
REPRESENTED BY ITS SECRETARY.
4. DIRECTORATE OF MEDICAL EDUCATION,
KR ROAD, FORT, BENGALURU-560 002.
REPRESENTED BY ITS DIRECTOR.
...RESPONDENTS
(BY SMT.N.ANITHA, AGA FOR R1 AND R4,
SRI.N.K.RAMESH, ADVOCATE FOR R2,
SRI.H.R.SHOWRI, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I)
ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION TO THE RESPONDENTS TO
PERMIT THE PETITIONERS TO PARTICIPATE IN THE 3RD ROUND
OF COUNSELLING FOR ADMISSION TO UG-NEET AND OTHER
5
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
WP No.32519/2025
PROFESSIONAL COURSES-2025 FOR ALL VACANT SEATS
(ANNEXURE-AG TO AG3); (II) COSTS OF THIS PETITION AND
SUCH OTHER AND FURTHER RELIEFS AS THIS HON'BLE COURT
MAY DEEM FIT TO GRANT, HAVING REGARD TO THE FACTS
AND CIRUCUMSTANCES OF THE CASE, IN THE INTEREST OF
JUSTICE AND EQUITY.
****
IN WP.No.32428/2025
BETWEEN:
1. KUM.ZAINAB ZUNERA, D/O SHAIK FERAZ ALI, AGED ABOUT 19 YEARS, R/AT T4/42, RTPS COLONY, DEOSUGUR VILLAGE, DEVASUGUR HOBLI, RAICHUR-584 170.
CLAIMED CATEGORY-GMH, NEET ALL INDIA RANK-92772.
2. KUM.AISIRI GOWDA, D/O K.T. RAMESH, AGED ABOUT 20 YEARS, R/AT NO.311, 8TH MAIN, RAILWAY LAYOUT, 1ST STAGE, BHAVANI NAGAR, ULLAL MAIN ROAD, BENGALURU-560 056.
CLAIMED CATEGORY-GMP, NEET ALL INDIA RANK- 476889.
3. KUM.VISHRUTHA.A, D/O SRI. ASHWIN KUMAR.B, AGED ABOUT 19 YEARS, R/AT NO.525, SOGASU, 3RD E MAIN, HEALTH AND FAMILY HBCS, ANNAPOORNESHWARI NAGAR, 6 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 BENGALURU-560 091.
CLAIMED CATEGORY-GMP, NEET ALL INDIA RANK- 457124.
4. KUM.ANANYA.S, D/O SURESHA.B, AGED ABOUT 19 YEARS, R/AT NO.127, 3RD MAIN, MINES AND GEOLOGY LAYOUT, ITI LAYOUT, 2ND STAGE, NAGARBHAVI, BANGALORE-560 056.
5. KUM.ADYA SHIVARAI, D/O RAVIKANT, AGED ABOUT 19 YEARS, R/AT NO.76, SHIVA SADANA, OPP.SARASWATI RESIDENTIAL SCHOOL, GOKAK FALLS ROAD, DANESHWARI NAGAR, GOKAK, BELGAUM-591 306.
6. SRI.NITHIN GOWDA.A.T, S/O THIMMEGOWDA, AGED ABOUT 18 YEARS, R/AT AGRAHARA VALAGEREHALLI, SULLERI POST, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 160.
...PETITIONERS (BY SMT.B.V.VIDYULATHA, ADVOCATE) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BENGALURU-560 001, REP. BY ITS PRINCIPAL SECRETARY.7
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
2. MEDICAL COUNSELLING COMMITTEE, ROOM NO.354, DGHS MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, DELHI-110 011.
REP. BY ITS CHAIRMAN.
3. KARANATAKA EXAMINATION AUTHORITY, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560 012.
REP. BY ITS EXECUTIVE DIRECTOR.
...RESPONDENTS (BY SMT.N.ANITHA, AGA FOR R1;
SRI.H.SHANTHI BHUSHAN, DSGI FOR R2; SRI.N.K.RAMESH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO (I) ISSUE A WRIT OF CERTIORARI OR ANY OTHER SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE UGNEET-2025 RD MEDICAL 3 PROVISIONAL SEAT ALLOTMENT LIST (24/10/2025) (FULL CONSOLIDATE) ISSUED BY 3RD RESPONDENT DATED NIL AT ANNEXURE-H, IN SO FAR AS PETITIONER IS CONCERNED, (II) ISSUE A WRIT OF MANDAMUS OR ANY OTHER SIMILAR WRIT OR ORDER OR DIRECTION TO THE 3RD RESPONDENT TO PERMIT THE PETITIONER TO PARTICIPATE IN THE 3RD ROUND OF COUNSELLING FOR ADMISSION TO UG-NEET AND OTHER PROFESSIONAL COURSES-2025 FOR ALL VACANT SEATS AVAILABLE IN ALL MEDICAL COLLEGES, (III) PASS ANY SUCH OTHER WRIT OR ORDER OR DIRECTION AND ETC.
***** 8 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 IN WP.No.32391/2025 BETWEEN:
SRI.GUNA G PRASAD, S/O M.GURUPRASAD, AGED ABOUT 20 YEARS, R/AT: NO.61, GURUPRASAD NILAYA, MARYALADA HUNDI, MARYALA POST, CHAMARAJNAGAR TALUK-571 313.
...PETITIONER (BY SRI.NAGENDRA NAIK R., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001.
2. KARANATAKA EXAMINATIONS AUTHORITY, 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU-560 012.
REP. BY ITS DIRECTOR.
3. THE COMMISSIONER, DEPARTMENT OF MEDICAL EDUCATION, GOVERNMENT OF KARNATAKA, ANAND RAO CIRCLE, BENGALURU-560 009.
...RESPONDENTS (BY SMT.N.ANITHA, AGA FOR R1 AND R3, SRI.N.K.RAMESH, ADVOCATE FOR R2) 9 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.2 TO ALLOT A SEAT TO THE PETITIONER IN ANY OF THE GOVERNMENT MEDICAL COLLEGES WHERE SEATS WERE ALLOTTED TO CANDIDATES WITH LOWER RANKS THAN THE PETITIONER IN THE THIRD ROUND OF UG NEET-2025 AND (B) ISSUE A WRIT OF CERTIORARI TO QUASH THE THIRD PROVISIONAL SEAT ALLOTMENT LIST DATED 24/10/2025 TO THE EXTENT IT EXCLUDES THE PETITIONER AS PER ANNEXURE-H ISSUED BY RESPONDENT NO.2 AND (C) PASS SUCH OTHER ORDERS.
***** IN WP.No.32510/2025 BETWEEN:
R.ABISHEK SACHI, S/O J.C.RAMESH, AGED ABOUT 19 YEARS, R/AT 96/A, 6TH PHASE, I MAIN, I STAGE, WOC ROAD, MAHAGANAPATHI NAGAR, BANGALORE-560 010.
...PETITIONER (BY SRI.SAGAR G NAHAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, HIGHER EDUCATION DEPARTMENT, VIDHANA SOUDHA, 10 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 BENGALURU-560 001.
REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT.
2. KARANATAKA EXAMINATION AUTHORITY, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560 012.
REP. BY ITS EXECUTIVE DIRECTOR.
3. NATIONAL MEDICAL COMMISSION, POCKET-14, SECTOR-8 DWARAKA PHASE-1, NEW DELHI-110 077.
REP. BY ITS SECRETARY.
4. DIRECTORATE OF MEDICAL EDUCATION, KR ROAD, FORT, BENGALURU-560 002.
REP. BY ITS DIRECTOR.
...RESPONDENTS (BY SMT.N.ANITHA, AGA FOR R1 AND R4, SRI.N.K.RAMESH, ADVOCATE FOR R2, SRI.H.R.SHOWRI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO THE RESPONDENTS TO PERMIT THE PETITIONER TO PARTICIPATE IN THE 3RD ROUND OF COUNSELLING FOR ADMISSION TO UG-NEET AND OTHER PROFESSIONAL COURSES-2025 FOR ALL ADDITIONAL SEATS (ANNEXURE-V), (II) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION TO THE 11 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 RESPONDENTS DIRECTING THEM TO INCLUDE THE NAME OF THE PETITIONER IN THE THIRD PROVISIONAL SEAT ALLOTMENT LIST DATED 24.10.2025 VIDE (ANNEXURE-AD), (III) COST OF THIS PETITION AND SUCH OTHER AND FURTHER RELIEF AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT.
***** IN WP.No.32519/2025 BETWEEN:
1. MR.VIBHAV DIXIT, C/O VIJAY DIXIT, AGED ABOUT 18 YEARS, R/AT C/O VIJAY DIXIT, #92, VIJAYANAGAR EXTENSION, HUBLI, PO: HUBLI VIJAYANAGAR, DIST: DHARWAD, KARNATAKA-580 032.
2. MR.JEESHAN NAJEER AHAMMAD BAGAWAN, S/O NAJEERAHAMMAD BAGAWAN, AGED ABOUT 20 YEARS, R/AT BASAVA NAGAR, MUDDEBIHAL, BIJAPUR, KARNATAKA-586 212.
3. MR.DARSHAN.K.G, C/O GADGESHA.M.B, AGED ABOUT 19 YEARS, R/AT C/O GADGESHA M B, KAREKATTE, KAREKATTE PO, DIST: DAVANGERE, KARNATAKA-577 544.12
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
4. MISS.CHINMAYI, D/O HARSHVARDHAN VAIDYA, AGED ABOUT 19 YEARS, R/AT PLOT NO. 51, NGO COLONY, JEWARGI ROAD, GULBARGA, PO:GB RS, DIST:GULBARGA, KARNATAKA-585 102.
5. MR.SHREYAS KUMAR, S/O M T KUMARA, AGED ABOUT 19 YEARS, R/AT MAKANAHALLI VILLAGE, DODDABELALU POST, RAVANDURU HOBALI, PERIYAPATNA TALUK, DIST MYSORE, KARNATAKA-571 107.
6. MISS.VIJETHA, C/O MR. HARISHA B S, AGED ABOUT 19 YEARS, R/AT, 3RD BLOCK, CHIKKANNA LAYOUT, KUSHALNAGAR PO, KUSHALNAGAR, DIST. KODAGU, KARNATAKA -571 234.
7. MISS. MEGHANA.K, D/O KRISHNAPPA.M, AGED ABOUT 19 YEARS, R/AT M, 22ND MAIN ROAD, 13TH CROSS, AMARAVATHI NAGAR, DESIHLLI PO, DESHIHALLI, BANGARPET, DIST: KOLAR, KARNATAKA-563 162.
13
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
8. MR.SHASHANK.G.N, S/O NARASIMHAMURTHY.R, AGED ABOUT 20 YEARS, R/AT HOSA A K COLONY, GUBBI, DIST: TUMKUR, KARNATAKA-572 216.
9. MISS. AKANKSHA S INDE, D/O SHANKARAMMA INDE, AGED ABOUT 20 YEARS, CURRENTLY AT MAHADEVEPPA RAMPURE, MEDICAL COLLEGE, KUVEMPU NAGAR KALBURAGI-585 105.
...PETITIONERS (BY SRI.VIVEK S REDDY, SENIOR ADVOCATE FOR SRI.K.N.SUBBA REDDY, ADVOCATE) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BENGALURU-560 001.
REP. BY ITS PRINCIPAL SECRETARY.
2. MEDICAL COUNSELLING COMMITTEE, ROOM NO.354, DGHS MINISTRY OF HEALTH, AND FAMILY WELFARE, NIRMAN BHAVAN, DELHI-110 011.
REP. BY ITS CHAIRMAN.
14
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
3. KARNATAKA EXAMINATIONS AUTHORITY, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560 012.
REP. BY ITS EXECUTIVE DIRECTOR.
...RESPONDENTS (BY SMT. N.ANITHA, AGA FOR R1, SRI. H.SHANTHI BHUSHAN, DSGI FOR R2, SRI. N.K.RAMESH, ADVOCATE FOR R3 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO (I) ISSUE A WRIT OF MANDAMUS OR ANY OTHER SIMILAR WRIT OR ORDER OR DIRECTION TO THE RESPONDENTS TO PERMIT THE PETITIONERS TO PARTICIPATE IN THE 3RD ROUND OF COUNSELLING FOR ADMISSION TO UG-NEET AND OTHER PROFESSIONAL COURSES-2025 FOR ALL VACANT SEATS AT TO THE WRIT PETITION, (II) PASS ANY SUCH OTHER WRIT OR ORDER OR DIRECTION THAT THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE K. V. ARAVIND 15 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 CAV ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) The aforesaid petitions have been filed primarily for permitting the petitioners to participate in the 3rd round of counselling for admission to UG-NEET and other professional courses-2025 for all vacant seats. Other reliefs sought in different petitions are for inclusion of the names of the petitioner in the 3rd provisional seat allotment list, for allotting seats in any of the Government Medical Colleges where seats were allotted to candidates lower in ranks than the petitioners, and, for quashing the 3rd Provisional seat Allotment list dated 24.10.2025 to the extent it excludes the petitioners.
2. The case in the petitions is that all the petitioners are eligible for counseling as per their ranking in UG-NEET-2025 and had either been allotted of seats in various medical colleges across the State in the 1st and 2nd round of seat allotment or did not get any medical seat in the 1st and 2nd round of allotment. Several information brochures, notifications and instructions were issued from 16 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 time to time by the Karnataka Examinations Authority1 (KEA) pertaining to the various rounds of counseling of eligible candidates. After the 2nd round of counseling, the 3rd/Mop up round for allotment of medical seats was to be undertaken in respect of the seats remaining after the 2nd round of counseling. After the second round of counseling, 443 new seats in 9 (nine) medical colleges of the State were released from time to time by the State Government, the details of which were communicated to the KEA. Multiple notifications/ instructions were issued by the KEA.
3. The submissions of the learned counsel for the parties in the aforesaid petitions are as follows:-
3.1 The petitioners, who have been allotted seats in various medical colleges across the State and admitted into the respective Medical Colleges after the final list of seat allotment pertaining to the 2nd round, which list was published on 23.09.2023, are aggrieved by the consecutive notifications of 1 KEA 17 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 13.10.2025 and 16.10.2025 issued by the KEA for the 3rd round of counseling by repeatedly adding new seats totaling over 400 seats and restricting the participation of the petitioners to only the added seats. Due to the added seats including Government quota, there is a major shuffling in the seats already allotted. Due to the probability of admitted candidates taking up new seats, the consequential vacancies would be offered to candidates having lower ranks in NEET and who would otherwise be out of the process. In neighbouring States vacant and additional seats in 3rd round are made available not only to candidates who failed to get a seat in the 1st and 2nd round but also to those who have got admission. The petitioners were allowed to participate in the 3rd round of counseling in the newly added seats only in respect of the 9 colleges where the new seats were added and not other colleges where vacancy is present or becomes available.18
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 3.2 In the Notification dated 06.10.2025 the eligibility for participation in the 3rd round of counselling has been extended also to those candidates whose medical seats have been cancelled by forfeiture of caution deposit, if they are interested in the available medical seats. It is stated that had any previous Notification provided for this prior to the counselling process, the petitioners could have opted for it. Reference was made to Frequently Asked Question No.12 in the Information Bulletin and Counselling Scheme issued by the Medical Counselling Committee2, which provides for the candidates who would be eligible for 3rd round of seat allotment. It is stated that such an arrangement being not available in any prior notification of the KEA, the candidates could not have foreseen the option of eligibility for seats in the 3rd round of counselling enabling them to opt for seats despite forfeiture of their fees and cancellation of their admission.
2 MCC 19 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 3.3 The Notifications issued by the various Examination Boards/Selection Committees of other states regarding MBBS/BDS admissions were referred to contend that those states provided all options to the candidates for the 3rd round of counselling in their brochures.
3.4. In WP. No.32391/2025 the contention is that the petitioner falls in the SC (G) category. However, despite his better ranking, other candidates of SC(G) category who rank lower in merit to the petitioner have been allotted Government colleges and petitioner has been deprived of that benefit. 3.5. The computer program by which the lists were generated in the 3rd round of counselling did not take into account the notification of 13.10.2025. As such the candidates who had participated in the 3rd round of counselling and had entered options on the basis of the aforesaid notification of 13.10.2025, were excluded. It is stated that the petitioner had been 20 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 allotted seat in the 2nd round of counselling and therefore, he was entitled to participate in the 3rd round of counselling in terms of the notification dated 13.10.2025.
3.6. In the 3rd provisional list that was issued by the KEA, despite some of the petitioners having higher rank, other candidates lower in rank have been allotted the seats in Government Medical Colleges, which were opted by the petitioners.
3.7. It is stated that the Notification dated 13.10.2025, which pertains to online 3rd round seat allotment reflects that total of 50 new medical seats in each of the four colleges mentioned has been added and the Department of Medical Education issued the seat matrix. It is urged that the concern of the petitioners is that level playing field ought to have been afforded to all the candidates to participate in the 3rd round of counselling. The petitioners had appeared in the 1st and 2nd round of counselling and were allotted 21 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 colleges; that in the 3rd round, the petitioners have been disregarded contrary to the notification. Less meritorious students have been allotted seats in Government Medical Colleges which have lesser fee structure and the petitioners who could have availed the benefit of Government Medical Colleges have been left out by not letting them know beforehand that those candidates whose seats have been cancelled and caution deposit forfeited, could participate. It is also stated that KEA has mixed up the categories of various candidates in the 3rd round of counselling.
3.8. It is sought to be demonstrated that various anomalies exist in the 3rd round Provisional seat allotment list published on 24.10.2025 which pertains to 443 new seats in 09 colleges. The procedure followed for allotment of seats runs contrary to the provisions of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules 2006. 22
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 The petitioners were selected after the 2nd round, but they were kept out of the allotment of seats that was done in the 3rd round. It is stated that the seats available in the 3rd round which included the remaining seats after the 2nd round and the new 443 seats ought to have been pooled together and allotment should then have been made in the 3rd round.
3.9. Learned counsel have referred to the case of a petitioner Vibhav Dixit, whose NEET All India Rank- 692140, who is the General Category candidate having category rank of 208477. It is stated that, in the 3rd round options list, even though he had given 15 options, he was not allotted a better college. Similarly, it is pointed out that another petitioner, Ms. Akanksha S. Inde, who had NEET All India Rank of 90249 was not allotted a better seat, despite her opting for 09 options in the 3rd round. It is contended that other persons, who ranked lower in All India NEET ranking were allotted better seats. 23
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 The learned counsel has referred to the 3rd provisional seat allotment list dated 24.10.2025 ('fully consolidated') to contend that, a candidate much below in All India Rank to Ms. Akanksha S. Inde, whose rank was 92129, was allotted a Government Medical College. It is also alleged that there is a glitch in the software being employed by the KEA, which has caused improper and illegal allotment of better seats to candidates whose ranks are lower than the ranks of the petitioners.
4. A statement of objections which has been filed on behalf of the KEA on 29.10.2025, though is in respect of Writ Petition No.31934/2025, it seeks to address the various issues involved in the petitions, the relevant parts of which are to the following effect:-
a) The petitioners, who appeared in the 1st, 2nd and Mop-up round (3rd Round) of counselling held by this Respondent for admission MBBS course and who are already holding a MBBS seat in a college of their choice are seeking to permit them to appear for counselling for 24 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 consequential vacant seats of the Mop-up Round of counselling for which they are otherwise ineligible.
b) The State Government has appointed the KEA as the Single Window agency for regulating the admission of Students to the Professional Colleges through counselling process as per their inter se merit of the eligible students.
The State Government provides the college wise, category wise Seat Matrix in all disciplines and makes it available to KEA for publication to offer them through online counselling. The nitty-gritty of the entire admission process commencing from registration, academic eligibility prescribed for each course, the types of seats available in each of the categories including for reservation categories etc., are made available to the students through E-Information Bulletin published well in advance and also made available to the students by way of Notifications/intimation posted on the web portal of KEA from time to time. Thus the entire process is governed by Karnataka Selection of Candidates for Admission to Government seats in Professional Education Institutions Rules, 2006 and Notifications are issued by KEA from time to time.
c) In respect of Medical, Dental and AYUSH courses, besides the prescribed academic eligibility, qualifying in NEET conducted for the year of admission by the NTA is mandatory. For the purpose of counselling, only inter se NEET ranking will be considered. Thereafter students are intimated through web portal of KEA to upload the duly 25 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 filled application and upload the details of the certificates /documents. The students are also informed that besides the instructions and guidelines contained in the Brochure, to visit the web portal of KEA for various updates every day for the Calendar of Events containing the various dates of document verification, dates of various rounds of counselling and the dates within which they have to get themselves admitted Colleges.
d) Thereafter the process of Online Verification of documents is held. After completion of the verification of documents, each student will be provided with a unique secret code to access the Counselling Portal. [From the current year, multiple identification of utilising the Facial Recognition, Q R Code and OTP is replaced for Secret Key to ensure that only the student concerned participates in the option entry]. On the dates specified, the student has to login the option entry portal where the seat matrix along with the fee structure, category wise is displayed on the portal. The student can chose the courses and Colleges of his choice in the order of preference. There is no limit for choosing the option of colleges. Option entry will be only once and the same shall be carried forward for the subsequent rounds of counselling. In normal course, only cancelled and newly added seats, if any, after the 1st Round, will be allowed to be added in addition to the already added options.
e) After the date and time specified for Option Entry, the computer freezes options entered by the students 26 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 and start the process of generation of the results which will take a minimum of 3 days. The Computer allots the College and course preferred by the student as per his/her merit and option preference keyed in. Thereafter the results are published. The student will have to access it through his/her Secret Key/Code and enter one of the four Choices specified therein. Choice-1 means 'I am satisfied with the seat allotted and will not participate in further rounds'. Choice-2 means 'I want to keep the seat allotted to me and move to next round'. In such an event, the student can retain the seat allotted to him and still move to 2nd Round and in the 2nd Round if he gets a better college of his choice, he shall take it and the seat already allotted gets automatically cancelled. Choice-3 means 'NOT satisfied with the allotted seat but wish to participate in the subsequent rounds'. Choice-4 means 'Not satisfied with the allotted seat and quitting the KEA counselling process'. After keying in their choices, the student who is allotted the seat and Keyed in Choice-1 shall pay the fee and down load the admission order and report to the Allotted College within the date mentioned in the Admission Order. Choice-2 opted student shall have to pay the fee, hold the allotted seat and participate in the 2nd Round of Counselling. After the 1st Round of Counselling, there will be a 2nd Round of counselling wherein for the students who have choice-2 and choice-3 will participate and if any seat is allotted to them, they have to mandatorily pay the fee and join the allotted college. They are also not entitled to opt for any 27 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 consequential seats arising in the 2nd Round of Counselling.
f) In the instant case the Petitioners have completed the two rounds of counselling process completed their admission process and have joined the allotted Colleges. Their option entry given earlier has obliterated and they are not eligible to stake their claim for any consequential seats arisen during the Mop up/3rd Round. This is made clear to them in the Notification issued on 20/08/2025.
g) During the current academic year, after completion of the 2nd round allotment, NMC enhanced the MBBS seats in 09 Medical Colleges which seats were made available for allotment by the State Government by including it in Seat Matrix of the Mop-up Round. Since the number of newly added seats were 443 in number, large number of parents and students approached the KEA and requested to give them on opportunity to offer these newly added seats as they were not available to them when they finalised their admission and got admitted to the respective Colleges. In this scenario, the KEA with a view to see that these students who were otherwise deprived of these newly added medical seats, took a decision to offer these seats to the Petitioners and other similarly placed students who had completed their admission process by allowing them to enter option for new added seats only in the 3rd/Mop-up Round 28 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 specifically making it known to them that if they fail to get a seat allotted to them out of the newly added seats, their admission already made gets confirmed.
h) As scheduled, the 3rd round schedule was published to conduct seat allotment for unfilled medical / dental seats option entry commenced on 07.10.2025 only to the candidates who have not reported to the medical college.
i) On 13.10.2025, the Government has issued the Additional Seat Matrix in four medical colleges by increasing 50 medical seats in each college. Therefore, KEA extended the date for option entry up to 15.10.2025.
j) On 16.10.2025 another Additional Seat Matrix was issued by the Department of Medical Education in respect of one more Govt. Medical College i.e., Bidar Institute of Medical Sciences. Consequently, date of option entry was extended up to 17.10.2025.
k) On 17.10.2025, KEA again received one more Additional Seat Matrix for further four more Medical Colleges. Again the date of option entry had to be extended up to 18.10.2025.
l) Since altogether 443 new Medical seats were added to the seat matrix, it has been decided to give opportunity to the candidates who have already reported 29 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 to the Medical Colleges to participate in the 3rd Round only for these newly added 443 seats.
m) As per CET-2006 Rules and the earlier guidelines issued based on these Rules, in the normal course, the already reported candidates were not permitted to enter the options for the 3rd round. Taking in to account the interest of the student community and to achieve merit based admissions the reported candidates were also made eligible only as far as the newly sanctioned 443 seats are concerned.
n) In this round of the 443 newly added seats, only 248 candidates who had reported to the medical colleges in the earlier rounds have got seats. The remaining 195 seats have been allotted to the candidates who were eligible for mop-up round. The consequential 248 seats vacated by the already reported candidates have been allotted to the candidates by following the inter se merit and reservation as per norms in the mop-up round. The provisional seat allotment list dated 24.10.2025 in respect of the above said 443 seats is enclosed. The seat allotment to the petitioners in the 3rd round and their previous seat allotted in the earlier rounds and held by them is produced.
o) The candidates who have been allotted seats in the previous rounds were allowed to enter options only in respect of the newly added seats and not for the consequential seats which may 30 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 become vacant due to allotment in the newly added Medical seats in the mop-up round and the consequential seats stated above have been allotted to the candidates who have not been allotted any seat in the previous rounds as per Rules.
p) A total of 967 seats were allotted in the mop-up round (Provisional) dated 24.10.2025 which includes the newly added 443 seats.
q) As per Rules and instructions already given to the candidates the petitioners who have already been allotted seats in the previous rounds and joined the colleges allotted were allowed to participate in the mop-up round by making option entry in respect of the newly added 443 seats only to see that they are not deprived of participating in the counselling in respect of newly added seats but they were not allowed to participate in the counselling in respect of consequential vacancy seats stated above.
r) In each round of counselling, the allotment will be made on inter se, as per merit, reservation, etc of the candidates participating in that particular round. In other words inter se merit of one round cannot be considered in the inter se merit of the other round. Otherwise the counselling cannot be completed at any point of time as it will result in cascading effect leading to uncertainty. This method adopted by this Respondent is taken note of and 31 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 upheld by this Court in the decision rendered by a co- ordinate bench dated 29.08.2017 in W.P.No.39109- 39110/2017 Vishnu Verma & Another V/s Karnataka Examinations Authority.
s) All the original writ Petitioners participated in the mop-up round for the newly added medical seats and amongst them the 1st petitioner Miss. Chandana M Chavan who had not participated in the 1st and 2nd round of counselling of KEA got a Government seat in Srinivasa Institute of Medical Research Centre, Mangalore. Of the proposed writ petitioners participated for the newly added seats in the mop-up round, only Prathyush. P and Lavanya.S.A got Government seats in Shridevi Institute of Medical Science, Tumukur. The other petitioners did not get any seat (in the newly added 443 seats) in the 3rd round which was conducted on the basis of merit, reservation, etc among the participants of the mop-up round.
t) The petitioners are fully aware that they are not entitled to claim any consequential seats. By filing this Petition, they are trying to upset the settled position of other candidates which cannot be entertained. This Respondent has almost completed counselling process and about publish the final results of the 3rd /Mop-up round to enable the students to join the allotted colleges before 01.11.2025 last date for joining specified by MCC. Keeping the same in mind KEA has scheduled the announcement of final seat allotment result of 3rd 32 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 round/mop-up round on 27.10.2025. In view of the filing of this writ petition the KEA has not been able to announce the final result of the above said result on 27.10.2025 and keep up with the set schedule. u) It is relevant to mention here that during the academic year 2023, this Respondent had issued the notification dated 14.09.2023 by allowing the candidates who were reported to the respective medical colleges in 1st and 2nd round to participate in 3rd /mop-up round due to availability of 482 private seats and 37 government seats and this action of KEA was challenged before this Court in W.P.20894/2023 c/w 21084/2023. A co-ordinate Bench of this High Court had held that the candidates who have already been allotted seat and joined the college cannot be permitted to participate in the 3rd/mop-up round. In view of the above orders KEA has allowed the reported candidates to make option entry only for newly added 443 seats. It is pertinent to state that during the year 2024 KEA has followed the same procedure in the mop-up round in respect of newly added 100 seats in Kempe Gowda Institute of Medical Sciences, Bengaluru.
v) The Notifications issued by KEA on 13.10.2025, 16.10.2025 and 17.10.2025 KEA have clearly mentioned as follows:
(13.10.2025) "Hence the candidates who have already joined the medical college allotted in the 1st or 2nd round 33 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 will be allowed to participate in the allotment only in the newly sanctioned 50 seats in above said medical colleges (mentioned in the said notice) (16.10.2025) "Interested candidates who have already reported to medical colleges can enter the option to BIMS, Bidar along with other 4 medical colleges till 12.30PM on 17.10.2025 (17.10.2025) "Interested candidates who have already reported to medical colleges can enter the options for above 4 medical colleges along with other 5 medical colleges till 8.00AM on 18.10.2025 (mentioned in the said notice) w) The petitioners have not challenged the above said notifications and after the publication of 3rd provisional selection list of the mop-up round have filed this petition to permit them to participate in the 3rd /mop-up counseling for admission to UG-NEET and other professional courses 2025 for all vacant and consequential seats which is an afterthought and not maintainable in law.
x) As per MCC Schedule (latest) the 3rd round/mop- up round of MCC counselling should end on 01.11.2025 and before that KEA has to complete the result announcement process of 3rd round/mop-up round so that the candidates will have an option to choose either to join All India Quota seat or the seat allotted by the KEA. If the procedure as sought for by the Petitioners is 34 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 to be entertained, all other students who have already admitted to their respective courses will seek admission to the consequential seats left by the Petitioners and vacate the seat held by them resulting in uncertainty.
5. An additional statement of objections was filed by KEA on 30.10.2025, the relevant parts of which are to the following effect:-
a) During the course of hearing of the connected writ petitions on 29.10.2025 certain additional facts and grounds were canvassed by the counsels for the petitioners which need to be answered and clarified by the KEA. The statement of objections filed in W.P.No.31934/2025 is adopted as regards the question of law and facts are concerned as all the petitioners in these petitions are seeking their claim to in the consequential vacancies the 3rd round of counseling.
b) The KEA is the only counseling Authority in the Country which conducts an integrated, common counseling for all disciplines viz., Medical/Dental/Ayush including Engineering, Science, Architecture, Agriculture, Horticulture/Farm Nursing, Pharmacy and Allied Sciences.
As regards Medical/Dental & Ayush disciplines are concerned the qualifying of the NEET is mandatory and inter se merit in the NEET is considered for allotment of seats. In respect of other disciplines the marks obtained by the Common Entrance Test (KCET) conducted by KEA 35 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 is taken into account on inter se merit. This procedure is adopted since the year 2017. This procedure has appreciated by the students at large as they had the options to choose any one of the discipline depending upon their merit and ranking. The students can even stake their claim for multiple disciplines in the common portal and the seats are allotted based on their priority options. The entire computer system is integrated and designed as such to cater the common counseling. The contentions of the petitioners that for the purpose of allotment of seats in 3rd round the system was re- configured is categorically denied.
c) The contention of the petitioners that no brochure has been published by the KEA is also incorrect as a common brochure dated 22.01.2025 was published by KEA mentioning all details about the counseling procedures including eligibility clauses, classification of seat, verification of documents, roaster, one time option entry, mock allotment procedure, etc. A truncated copy of the procedure is produced by the petitioner themselves in W.P.No.32510/2025. However, KEA has published the e-brochure explaining the nitty-gritty of the procedure of the counseling. It is also specified in the brochure that the students have to visit the KEA website during the process for all updates. The brochure published by KEA will be produced and made available during the course of hearing of these petitions.
36
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
d) In the current academic year entire process of counseling is delayed on account of delayed commencement of counseling by MCC. The 1st round of KEA counseling only on 02.08.2025, after the conclusion of 1st round of counseling by MCC as the schedule for counseling for the States is also specified by them.
e) It is an admitted fact that all the petitioners herein have secured seats in 1st and 2nd round of counseling. As per the procedure they have to get themselves mandatorily admitted to the respective colleges allotted to them and they are not entitled for any further rounds of counseling. The notification is also prescribes procedure for cancellation of the seat allotted. Therefore, the contention of the petitioners that they are not aware of the cancellation procedure is incorrect. In fact as many as 125 candidates have cancelled the seat allotted to them during the 2nd round. It is only a fortuitous circumstance that certain additional seats were made available for counseling in the seat matrix issued by the State Government. Since the number of seats are more it was decided to all those students for opted medical course in the previous two rounds for given option to participate in the 3rd of counseling only to newly added seats numbering 443.
f) The petitioners who approach this Court after publication of the provisional result of 3rd round and contended that their merit has been ignored by 37 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 demonstrating certain students who have been allotted medical seats to a student who is less meritorious than them. These contentions of the petitioners are hereby specifically denied by the KEA. The petitioners have shown to this Court the seats allotted to the candidates who have not at all allotted any medical seats in previous rounds and who were entitled to participate in the 3rd round of counseling for all consequential seats available in the 3rd round, whereas the petitioners who barred from participate for consequential seats as per Annexure- R1 cannot stake a claim as against these seats. The claims of the petitioners are restricted only as against the newly added seats.
g) As per the schedule prescribed by the MCC the 3rd round result ought to have been announced by 18.10.2025. On account of additional seats being issued in different intervals. Therefore, the MCC has also revised its calendar by extending the 3rd State counseling till 03.11.2025. Therefore the entire process is time bound and the KEA has to adhere to be schedule prescribed by the MCC.
6. On 03.11.2025, an affidavit was filed on behalf of the KEA enclosing therewith the status of the candidates mentioned in all the writ petitions. Their statuses are recorded in a tabular form and read as under:-
38
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 39 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 40 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
7. A notification dated 06.10.2025 was issued by the KEA regarding 3rd round of seat allotment. The eligibility for participation in the 3rd round was in respect of those candidates was specified, who were allotted any medical seat in the 1st and 2nd round and those who had cancelled the medical seat on forfeiture of caution deposit. This notification provided inter alia that the candidates who had been allotted any seats in the 1st or 2nd round of All India Quota/Deemed University or any Institution/ Boards, have been admitted to the college would not be eligible to participate in the 3rd round of UG NEET-2025. It was provided that, all candidates should enter the options for Medical and Dental courses afresh and previously registered course will not be considered.
8. On 13.10.2025, an updated notification was published by KEA stating that, Option Entry was extended up till 8.00 a.m. of 15.10.2025. It was mentioned that, Medical seats had been enhanced in the 04 mentioned medical colleges. The Department of Medical Education 41 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 had added a total of 50 medical seats each in those four colleges and issued the seat matrix.
9. On 13.10.2025, another notification was issued in respect of candidates, who had already joined medical colleges. It was mentioned that the candidates who had already joined medical colleges allotted in the 1st and 2nd round, would be allowed to participate in the allotment only in the newly sanctioned 50 seats in the medical colleges.
10. On 16.10.2025, by a notification, the Option Entry was extended up till 12.30 p.m. on 17.10.2025 to the candidates who had already joined medical colleges, as the Medical Education Department had issued the seat matrix on 16.10.2025 itself by enhancing 50 medical seats in Bidar Institute of Medical Science.
11. On 17.10.2025, the Option Entry was extended till 8.00 a.m., on 18.10.2025. Further, on 17.10.2025 itself, the KEA had again received the medical seat matrix for 04 more medical colleges, wherein 50 seats had been 42 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 enhanced in each college. It was informed the candidates, who had already reported to medical colleges could enter the options for the named 04 colleges along with other 05 medical colleges, till 8.00 a.m., on 18.10.2025.
12. On 24.10.2025, a provisional result of the Medical and Dental 3rd round seat allotment was published on the KEA website. By a notification dated 24.10.2025, the KEA invited objections by e-mail or in person by 10.00 am on 25.10.2025. It was specified that the candidates, who have participated and got allotted the seat in the 3rd round of All India Quota and have also been allotted a seat in the 3rd round of KEA, if they wish to retain the seat, they can do so by submitting a request, either in person or by e-mail. It was mentioned that, otherwise, the candidates who are allotted seats in the 3rd round of All India Quota, even if they have participated in the 3rd round of KEA seat allotment, such candidates will not be considered for the final seat allotment of the KEA 3rd round 43 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 and the medical course fee deposit paid by them will not be refunded. Other instructions were also issued.
13. By yet another notification of 24.10.2025, the KEA informed as under:-
"Continuation 3rd Round Seat Allotment to UG Medical and Dental courses - 2025 Note on Provisional Results Published on 24-10-2025
1. The provisional result of the 3rd round of allotment of medical and dental seats has been published on the KEA Website on 24-10-2025.
2. As the candidates are aware, due to the addition of 443 medical seats in 9 colleges, the candidates who had reported to the college after the allotment in the first and second rounds were also informed to participate if they were interested in only 443 medical seats.
3. In the 3rd round of allotment of seats, the list of candidates who got 443 seats in the 9 newly added colleges has been published separately for the information of the candidates to maintain the transparency. This said list also includes the candidates who have not been allotted any seats and who participated in the 44 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 3rd round and got allotted in 443 seats of 9 colleges along with first and second round candidates.
4. When the admitted students get 443 seats in the newly added 9 colleges, the seats they vacate have been allotted only to the candidates who have not got seats so far and have participated in the 3rd round.
5. In the next process of allotment of other seats available in the 3rd round (Next Iteration), the medical seats shown in the list of 967 is due to seat up-gradation based on the merit and options entered by the candidates who have not been allotted any seats. Therefore, the medical seats in the list of 967 candidates will be considered as seats provisionally allotted in the 3rd round.
Sd/-
Executive Director."
14. The learned counsel appearing for the KEA has iterated the submissions made in his statements of objections.
45
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
15. It is evident from the above that after the 1st and 2nd round of counseling, apart from the seats available for the Mop-up round, 443 new seats were made available by the Government. As is evident from the affidavit filed by the KEA on 31.10.2025, when KEA published the notification for 3rd round seat allotment on 06.10.2025, there were 377 medical seats available for allotment, comprising of, -
a) Remaining unfilled seats after 2nd round;
b) Cancelled seats after the 2nd round;
c) Not paid fees and not reported after 2nd round.
16. When the Option Entry for 3rd round was in progress, then on 13.10.2025, 16.10.2025 and 17.10.2025 a total of 443 new medical seats were received from the State Government for allotment. Therefore, the candidates who were allotted medical seats in the 1st and 2nd round of counselling and also already reported to their respective colleges were also allowed to make Option Entry only in respect of 09 medical colleges 46 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 to which 443 seats were newly added. Out of these 443 seats, 248 seats were allotted. The remaining 195 seats were added to the aforesaid 377 seats. More over, there were 184 candidates, who had vacated seats and already reported to the respective colleges, and after the 1st and 2nd round of counseling, those 184 seats were also added to the 377 and 195 seats for the Mop-up round. For these seats, only fresh 3rd round students were considered including the 195 seats allotted in the 1st stage. A total of 4564 candidates participated, out of whom 719 seats were allotted. There are unfilled 37 seats which would go to the stray round.
17. Therefore, the aforesaid exercise has been undertaken by the KEA in view of the situation emerging from time to time with the State Government making available fresh seats for allotment. As is evident from Annexure-R11 to the statement of objections dated 29.10.2025, the Academic Session for UG Courses has already commenced from 22.09.2025. The Information 47 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 Brochures/notifications that were published and posted on the KEA website were available for all to see. The Brochure clearly reflected that the website of the KEA has to be accessed by all the candidates repeatedly. No doubt the process of counseling has its complications. But, if the process of counseling is conducted in a legitimate and reasonable manner, the same ought not to be interfered with. The table enclosed with the affidavit of the KEA submitted on 03.11.2025 reflects the number of options preferred by each petitioner in the 3rd round. Given the seat matrix, the options exercised by the candidates, the CHOICES filled by them, the action of the KEA in publishing the 3rd round provisional seat allotment list dated 24.10.2025 in the new additional 443 seats in the 09 colleges, have been sought to be explained by KEA. Moreover, the full consolidate list dated 24.10.2025, which is the 3rd provisional seat allotment list is stated to have been prepared in consonance with the Seat Code, the options exercised, and the allotted category. 48
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
18. Barring the sole petitioner in Writ Petition No.32383/2025, who was not allotted any seat in the 1st and 2nd round and did not get the seat in the 3rd round due to its merit, all other petitioners have already joined the allotted seats in the respective medical colleges. One of the petitioners namely Ms. Adya Shivarai, who is petitioner No.5 in W.P. No.32428/2025 was already allotted BLDE University, Bijapur, under the allotment for All India Quota. But, since she had not entered for the 3rd round of counseling, she was not considered for seat allotment.
19. When these writ petitions were listed on 07.11.2025, the following order was passed:-
"Though notice on the respondent no.3 is stated to have been served but since the name of the counsel is not reflected in the cause list, no one appeared. Sri H. R. Showri, Advocate, who is on the panel of advocates for the National Medical Commission3 was directed to accept notice for the respondent No.3. His name shall be reflected as counsel for respondent No.3 in the cause-list.3
NMC 49 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
2. The instant group of petitions is engaging our attention which concerns the allotment of seats/counseling of the candidates for the Medical/Dental/AYUSH courses within the State of Karnataka by the Karnataka Examination Authority4, pursuant to the petitioners' qualifying in the UGNEET- 2025.
3. The petitioners before us are candidates who seek to participate in the third round of counseling. It has been contended by the learned counsel appearing for the petitioners that due to the induction of 443 new seats in 9 Government and Private Medical colleges, which seats have been released from time-to-time, after the second round of counseling, the seat matrix is being repeatedly altered. This and the numerous notifications being uploaded on the KEA website is causing enormous consternation to every candidate and their families and it has been a very difficult for them to 'keep-up' with / understand the changes that are taking place due to the fresh seat matrix being generated repeatedly. Several allegations have been made by the petitioners regarding persons lower in merit being granted better seats due to this addition of seats from time to time. The learned counsels have sought to demonstrate from the consolidate list as well 4 KEA 50 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 as from the list of selected candidates for the 443 new seats, published on 24.10.2025 that the results are confounding the candidates. Various instances of allegedly wrong allotment of seats were sought to be placed before us.
4. Several responses comprising of statements of objections and affidavits have been filed by the KEA from time-to-time attempting to explain the process adopted by them in view of the unfolding situation arising out of the repeated change in seat matrix.
5. We queried the learned counsel for the KEA to demonstrate:
(a) Under which authority only the candidates who had participated in the first and second round of seat allotment were made eligible to make online applications for the third round qua the 443 seats.
(b) To demonstrate under which provision of law, fresh registrations for the third round of counseling was permitted.
With regard to the first point, the learned counsel has pointed out that the Karnataka Selection of Candidates for Admission to Government Seats for Professional 51 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 Educational Institutions Rules, 20065, is applicable and the exercise for the third round of counseling was undertaken by them in compliance of the Rules of 2006. As regards the second point, the learned counsel for the KEA has fairly submitted that the Rules of 2006 do not provide for such an eventuality, but given the situation arising out of the additional seats being created, the KEA was left with no option but to formulate a procedure for counseling/allotment of such seats.
6. Sri H. Shanthi Bhushan, the learned Deputy Solicitor General of India, who appears for the Medical Counselling Committee6, was requested by the Court to obtain instructions and assist the Court. 6.1 He produced a Gazette Notification dated 23.06.2017, which reflected that by means of Regulations on Graduate Medical Education Amendment, 2017, Clauses 5A(2) and 5A(3) were substituted in the Regulations on Graduate Medical Education, 19977.
Clause 5A(2), as substituted, provides that for counseling of the 15% All India Quota seats of the contributing States and all MBBS seats of Medical 5 Rules of 2006 6 MCC 7 Regulations of 1997 52 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 Educational Institutions of the Central Government, Universities and the Deemed Universities, the Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India would be the designated authority.
Clause 5A(3) as substituted, provides for the counseling for admission to MBBS course in a State/Union Territory, including, Medical Educational Institutions established by the State Government, University established by an Act of State/Union Territory Legislature, Trust, Society, Minority Institutions, Municipal Bodies or a Company shall be conducted by the State/Union Territory Government. 6.2 He would submit that it is under the provisions of Clause 5A(3) of the Regulations of 1997 that the State Government is undertaking the process of counseling.
7. It is pertinent to refer to Regulation 5A(4) of the Regulations of 1997 which reads as under:-
"5A(4) - In order to prevent seat blocking in common counseling for admission to MBBS course and permissibility to exercise fresh choice during counseling, forfeiture of fee shall be in accordance with the Matrix contained in "Appendix-F"."53
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
8. Appendix-F reads as under:-
APPENDIX F TIME SCHEDULE FOR COMPLETION OF THE ADMISSION PROCESS FOR FIRST MBBS COURSE FOR THE ACADEMIC YEAR 2018-19 AND ONWARDS SI. Schedule for Central Counseling State Counseling No. Admission All India Deemed+CI Quota th
1. Conduct of Exam By 10 May
2. Declaration of Result By First Week of June
3. Ist round of 12th June - 12th June - 24th 25th June - 5th July th Counseling 24 June June
4. Last date of Joining 3rd July 3rd July 12th July th th
5. II round of 6th July - 12 6th July - 12 15th July - 26th July Counseling July July
6. Last date of Joining 22nd July 22nd July 3rd August th
7. Mop-up Round 12th Aug. - 4th Aug. - 8 Aug.
22nd Aug.*
8. Last date of Joining 26th August* 12th August
9. Forwarding the list of 27th August 13th August students in order of merit equaling to ten times the number of vacant seats to the Medical Colleges by the Counseling Authority
10. Last date of Joining 31st August 18th August Note:
1. All India Quota Seats (15%) remaining vacant after last date for joining, i.e. 22nd July of the present Admission year will be deemed to be converted into State quota.
2. Institute/college/courses permitted after 31st May will not be considered for admission/ allotment of seats for current academic year.54
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
3. In any circumstances, last date for admission/joining will not be extended after 31st August.
4. For the purpose of ensuring faithful obedience to the above time- schedule, Saturday, Sunday or Holidays (except National Holiday on account of Independence Day, 15th August) shall be treated as working days.
5. The following Matrix shall be applicable with regard to permissibility to students to exercise fresh choice during counseling:-
S.No. Round Free Exit Exit with Ineligible for further Amount of registration forfeiture of counseling fee fees
1. AIQ I/ Deemed
2. AIQ II/ Deemed If not joined If joined Government - Rs.
10,000 (half for
SC/ST/OBC) Deemed
- Rs. 2,00,000
3. State Quota I
4. State Quota II If not joined If joined Government - Rs.
10,000 (half for
SC/ST/OBC) Private
- Rs. 1,00,000
5. State Quota Mop- If joined
up
6. Deemed Mop-Up If joined
6. As per MCI regulations, DGHS counseling would include AIQ seats, Central Institutions and Deemed Universities. State/UT counseling would include State Quota seats and all private colleges in the States/UTs.
9. However, given the fact that the admitted case of KEA is that several candidates who had freshly registered for the 443 new seats' allotment in the third round, were made so eligible by means of notifications 55 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 uploaded by the KEA on its website, without their being any statutory sanction, we called upon the learned counsel appearing for the NMC to obtain instructions in the matter.
10. The learned counsel for the NMC on the basis of the instructions has stated that after the coming into force of the National Medical Commission Act, 20198, the Medical Council of India Act, 1956 stood repealed.
Further, in exercise of powers under sub-Section (1) of Section 24 and various clauses of sub-section (2) of Section 57 of the NMC Act, the Graduate Medical Education Regulations, 20239, have been framed, which, in effect, have substituted the aforesaid Regulations of 1997.
11. Some of the provisions of the GMER, 2023 are quoted below:-
"12. Common counselling - Without prejudice to anything stated in the present Regulations or other NMC Regulations, there shall be common counselling for admission to graduate courses in medicine for all Medical Institutions in India based on the merit list of the NEET-UG.
13. Counselling shall entirely be based on the seat matrix provided by National 8 NMC Act 9 GMER, 2023 56 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 Medical Commission; Provided the common counseling may have multiple rounds as may be necessary.
14. Conduct of common counselling - the UGMEB shall publish guidelines for the conduct of common counselling, and the designated authority under section 17 below shall conduct the common counselling in conformity with such published guidelines.
15. Government to appoint a designated authority for common counselling - The Government of India will decide and notify the agency and method of counseling of all undergraduate seats.
16. The prohibition for any student seeking admission any other way than counselling -
No medical institute shall admit any candidate to the Graduate Medical
Education course in contravention of these regulations;
Provided the Medical Institution granting admission to any student in
contravention of these Regulations, shall be liable to be fined Rupees one crore or fee for the entire course duration, whichever is higher, per seat for the first time and for 57 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 the second time of non-compliance, Rupees two crore or double the amount of fees for the entire course duration whichever is higher per seat, and for any subsequent non-compliance or continued contravention the Medical Institution shall be barred from granting admissions to any student from the next academic year;
Provided further that such Student admitted in contravention of this mandate shall be discharged from the Medical College and double the number of seats shall be reduced for one or more years.
17. Submission of the final list - The respective designated authorities (who have conducted the common counselling) shall submit the final list of students in the prescribed proforma to the UGMEB within one (01) week of the completion of the common counselling, which in turn shall publish that list in the NMC website.
Provided each institution shall also submit the final list of students admitted, in the prescribed proforma as detailed in the MSR, to the UGMEB within one week of the last date of the joining course, declared by the UGMEB;
58
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 Provided only those Medical Institutions that were permitted to admit the students prior to the date of Notification of common counselling are allowed to admit students, and the Medical Institutions getting requisite permission later to the date of Notification of common counselling shall participate in the next academic year's common counselling to admit students. Explanation: requisite permission shall also apply mutatis mutandis for the increase of seat strength in medical institutions already established."
12. The term 'designated authority' has neither been defined in the NMC Act nor in the GMER, 2023. However, it finds reference in Regulation 7 of the GMER, 2023 as under:-
"7. Conduct of NEET-UG - Either the National Medical Commission may conduct the NEET-UG or may designate any such agency or authority by whatever name called, to cause the NEET-UG to be conducted;
Provided National Medical Commission may designate multiple agencies or authorities, to conduct NEET-UG if such deployment suits the overall purpose."
13. We asked the learned counsel for the respondents to show any provision of the GMER, 2023 which is pari materia the provision of Regulation 5A(3) of the 59 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 Regulation of 1997, by which, counseling for admission to MBBS course in State/Union Territory have been delegated to be conducted by the State/Union Territory, Government. They have stated that they would need to seek appropriate instructions in this regard.
14. Under the aforesaid facts, circumstances and law as is stated to exist, it is imperative that the counsel for the respondents demonstrate categorically before this Court as to:-
(a) the authority of law under which the ensuing process of counseling is being conducted by the KEA given the coming into force of the NMC Act, 2019 and the GMER, 2023;
(b) whether the process of the ensuing counseling/seat allotment being conducted by KEA has sanction of any law or judgment/ order of the Supreme Court of India; and,
(c) given the fact that adding new seats by the KEA from time to time in the midst of the process of counseling has resulted in reframing of the seat matrix every time fresh seats were added, leading to confusion and lack of demonstrable clarity in the third round of counseling, whether any cut-off date has been prescribed for adding new seats on the lines of the provision in the Note to Appendix-F of the Regulations of 1997 or/and to effectuate the second proviso and Explanation to Regulation 17 of the GMER-2023.60
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
15. It is informed by the learned counsel for the respondents that MCC is going ahead with the third round of counseling/ seat allotment process with new seats being added during the process of counseling. However, the counseling/seat allotment process has been kept in abeyance by the KEA in view of the interim order passed by this Court.
16. At this stage, the learned counsel for the respondents requests an adjournment. As prayed, list this matter on 12.11.2025 at 2.30 p.m.
17. The learned counsel for the respective parties are urged to come prepared with all facets of the case taking into account the gravity of the situation and address the Court comprehensively on the next date of listing.
18. The results of the third round of counseling/seat allotment that was undertaken by KEA shall not be acted upon by the respondents till the next date of listing.
20. On 12.11.2025, the counsel for the NMC has stated that no cut-off date or time has been prescribed for inducting new seats prior to the date of counseling. The learned counsel has relied upon the judgment of the Supreme Court in State of U.P and another Vs. Miss. 61
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 Bhavna Tiwari & Others10 in which certain directions were given to the authorities. It is stated that the authorities including the NMC are following the directions of the Supreme Court in letter and spirit.
21. As far as the query of the Court regarding the authority under which the KEA is conducting counseling for admission to the medical seats, the learned counsel has referred to a communication dated 24.07.2023 issued by the Post Graduate Medical Education Board of the NMC in which, the State Counseling Agencies have been requested to make necessary arrangements for conducting the counseling in online mode for all rounds including stray vacancy round in private medical colleges from the Academic Year 2023-24. It has further been stated that, no College/University should conduct the counseling including the stray vacancy in physical mode.
22. As a result of the situation created due to the induction of 'Fresh Seats' or 'New Seats', the 3rd round of 10 Special Leave Petition (Civil) No.9298 of 2018 decided on 29.04.2025 62 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 counseling, instead of being only a Mop-up round, has also been an additional round of seat allotment comprising of the candidates of the 2nd round of seat allotment, who were allotted seats and the candidates of the 2nd round who were not allotted seats and newly registered candidates after the second round. This 3rd round of seat allotment was split by the KEA into two stages. One stage relating to 443 'new' seats and the 2nd stage relating to seats pertaining to the Mop-up round.
23. It is pertinent to mention here that the KEA again filed an affidavit dated 07.11.2025 in which it is stated to the following effect:-
i) By notification dated 22.09.2025 KEA has invited new registration of candidates who have qualified in UGNEET-
2025 but did not register for earlier rounds of allotment to become eligible themselves to opt for the available seats in the 3rd round seat allotment. By oversight, a copy of the above notification was not produced earlier with the compilation given to the Court.
ii) As many as 85 candidates have newly registered for the 3rd round and entered the options for the 3rd round seat allotment.
63
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
iii) As regards clarification in respect of the stages and types of candidates considered for 3rd round of seat allotment, in addition to the earlier affidavit submitted, it is further submitted;
(a) When the 3rd round seat allotment was in progress KEA has received 443 new medical seats and the same was published in KEA website for the information of the candidates.
(b) In the meantime the students who had already joined the medical colleges after 1st and 2nd round seat allotment requested to permit them to participate in respect of the said 443 seats as these seats were not available to them in earlier rounds. The KEA decided to extend the benefit to them only to 443 seats of 9 medical colleges along with other candidates who were eligible to participate in the 3rd round i.e. those who are eligible to enter the options for all the seats.
(c) The third round of seat allotment was conducted in two stages:
In the 1st stage for the allotment of 443 newly received seats in respect of 9 colleges the following types of candidates have been considered-
i) Medical joined in 1st 2nd - 1388
round (who were allowed
64
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 only for 9 colleges)
ii) Not allotted 1st and 2nd round - 2850
iii) Newly registered for 3rd - 85 round
iv) 1st & 2nd round dental joined - 462
v) Other courses joined - 1167 (Engineering, Agriculture, veterinary, etc.) In the 1st stage of allotment all the above said candidates were considered only for 443 seats and out of them only 248 seats were taken by the already joined candidates [184 medical joined candidates and 64 other courses joined candidates] and 195+64 seats have been taken by the 3rd round eligible candidates as stated above (ii) to
(v).
d) In the 2nd stage of allotment only the candidates who were eligible for 3rd round seat allotment mentioned in (ii) to (v) above were considered for allotment which includes 195+64 candidates who were allotted in the 1st stage since these candidates have entered the options for all the colleges available to them in the 3rd round of counseling. Thus a total number of 783 seats were allotted for the candidates who are eligible for 3rd round of counseling.
65
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 It has been stated by the learned counsel for the KEA that they may have to conduct a stray round of counseling.
24. In the case of Nihila P.P. Vs. Medical Counseling Committee and others11, a three Judge Bench of the Supreme Court, was informed that the competent authority had decided to conduct 04 rounds of All India Quota Counseling for the Academic Year: 2021- 2022 for NEET-UG and PG as per the modified policy approved by the Supreme Court and the Government Orders issued from time to time. The Court observed that the proposed modified scheme of online 04 rounds of counseling would be in tune with the prevailing norms of the counseling being followed by the Central Institutes/Universities.
25. The Supreme Court noted and approved the salient points of the modified Scheme envisaging 4 rounds of online counselling. The Supreme Court was informed that the modified schemes shall be implemented for the 11 (2021 SCC Online SC 3283) 66 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 "Current Year: 2021-2022" for admissions to NEET-UG & PG.
26. The Supreme Court in the case of Anjana Chari S.N. Vs. The Medical Counselling Committee and Others12, noted the introduction of 04 rounds of counseling for the seats in the salient principles of the schemes recorded in the case of Nihila P.P., and considered the affidavit of the Union Government stating that, on 25.02.2022 and 15.03.2022, the Directorate General of Health Services received letters regarding inclusion of new seats in some Government Medical Colleges, as a consequence of which, 146 new PG seats became available for allocation in the Mop-up round. Thus, 146 seats were not available for distribution, when the counseling took place either in Round-1 or Round-2 in the AIQ seats. The Supreme Court has observed as follows:
Xxxx xxxx xxxx xxxx 12 WP (C) 174/2022 Dtd: 30.03.2022 67 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
3. The Union government has stated on affidavit that on 25 February 2022 and 15 March 2022, the Directorate General of Health Services³ received letters regarding the inclusion of new seats in some government medical colleges, as a consequence of which, 146 new seats became available for allocation in the mop-up round. The 146 seats were not available for distribution when the counseling took place either in round 1 or round 2 for the AIQ seats. As a consequence, students who were allotted seats in round 1 or round 2 did not have the opportunity to participate in the counseling for these seats. A decision was taken that the new 146 seats would be included in the mop-up round. As a consequence of this decision, these seats have been allocated to students lower in merit than those who were allotted seats in rounds 1 and 2 of counseling for the AIQ.
4. The counter affidavit indicates that a decision was taken to allot these seats to those who are lower in merit. In our view, this is the first aspect of the matter which needs to be revisited by DGHS since the consequence of the decision is to prevent students who were higher in merit and who had no opportunity to seek admission to the 146 seats which are in government colleges to apply for those seats. Students lower in merit have been allocated these seats in government colleges, while 68 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 more meritorious students have been (i) prevented from seeking an upgradation in the mop-up round to preferred courses; and (ii) denied the benefit of seeking government medical seats on lower fees.
5. The second aspect of the matter which is of equal importance arises from the advisory which was issued on 16 March 2022, as a consequence of which, candidates who had been allotted seats in round 1 and 2 of the state quota were prevented from participating in the mop-up round of the AIQ. The contention of the candidates is that the scheme which was placed on the record of this Court in Nihila's case specifically dealt only with the AIQ and there was no prohibition on candidates from the state quota participating in the AIQ mop-up rounds.
6. Prima facie, it appears that the advisory dated 16 March 2022 has not been uniformly followed, as a consequence of which, some candidates, in-spite of the advisory, were permitted to participate in the mop-up round of the AIQ while others, in compliance with the advisory could not participate since they would be debarred from doing so and would run the risk of having to surrender the state quota seats which had been allocated to them. If the advisory dated 16 March 2022 has not been followed uniformly across the country, this would 69 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 cast serious doubt on whether the allocation of seats in the mop-up round of AIQ has been fair.
7. Before this Court decides upon the issue finally, an opportunity should be granted to the Union of India through the DGHS to set right the anomalies on both the above counts and to respond to the Court at the earliest, having regard to the fact that counseling is at a substantially advanced stage at the present point in time.
27. Thereafter, on 31.03.2022, the three Judge Bench of the Supreme Court in Anjana Chari's case (supra) has passed the following order:-
"1. Pursuant to the order of this Court dated 30 March 2022, the Union Government in the Ministry of Health and Family Welfare (Directorate General of Health Services1) has proposed to set right the anomalies which were noticed in the order.
2. The Court has heard submissions on behalf of the Union Government by Ms. Aishwarya Bhati, learned Additional Solicitor General as well as of the counsel appearing on behalf of the aspiring candidates. The candidates were represented inter alia by Mr. Gopal Sankaranarayanan, Mr. Sanjay Hegde, Mr. Rakesh Khana, senior counsel and by Mr. 70 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 Shivendra Singh, counsel who has ably assisted the Court.
3. The following directions are issued in order to facilitate the completion of the counseling process for the NEET - PG 2021-2022:
(i) The All India Quota2 mop-up round of counseling shall stand cancelled;
(ii) For the 146 additional seats which became available after AIQ round 2 on 16 March 2022, a fresh round of counseling shall be conducted as a special case. Students who have joined in round 2 either of the state quota or of the AIQ, will be at liberty to participate in the fresh round of counseling without any financial penalties;
(iii) In order to facilitate the expeditious completion of the process, the DGHS shall invite options from students for the 146 new seats within twenty-four hours of the uploading of the notification and the process shall be completed within a period of seventy-two hours after the cut of for receipt of options;
(iv) A fresh mop-up round for AIQ seats shall be conducted and an endeavour shall be made to complete the process within a period of two weeks;
and
(v) In line with the regulations which have been notified on 5 April 2018, students who have joined in 71 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 round 2 of the state quota or round 2 of the AIQ shall not be eligible to participate in the mop-up round for All India Quota.
4. The above directions have been issued in pursuance of the jurisdiction of this Court under Article 142 of the Constitution to resolve the imbroglio which has arisen due to the anomalies which were noticed in the order of this Court dated 30 March 2022.
5. The Petitions are disposed of in the above terms.
6. Pending applications, including the applications for intervention, if any, stand disposed of."
28. It is pertinent to mention here that in the case of Miss Bhavna Tiwari (supra), a Division Bench of the Supreme Court considered a judgment of the Allahabad High Court. The High Court had found that there had been a large scale blocking of medical seats and as such, while directing the Principal Secretary of Medical Education to come out with a fool-proof admission procedure to eliminate such blockage of seats and to ensure that maximum number of seats are filled up in the 1st and 2nd round of counseling, an enquiry was also directed to be 72 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 held into the circumstances of diluting the admission procedure and allowing the candidates who had appeared in the 1st and 2nd round of counseling to be considered again, in the Mop-up round, the following direction was also issued by the High Court:-
"For future admissions in subsequent academic sessions, we direct that after the first and second round of counselling, a window should be opened for the candidates who had taken admission to upgrade their stream and thereafter allow the remaining seats to be filled up in the mop up round. By this procedure allowing the candidates to upgrade their seats would not amount to third round of counselling. Further, the upgradation of seats of the preferred choice of the candidate would ensure fairness in the admission process and allow the meritorious candidates to take admission not only in the preferred choice of seats but also in better streams and, thus, by doing so, discipline would be maintained."
29. After referring to various judgments of the Supreme Court including the one in the case of Nihila P.P 73 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 Vs. Medical Counseling Committee (MCC) and others13 as well as to certain provisions of the NMC Act and the notified Post Graduate Medical Education Regulations-202314, the Supreme Court observed that, all rounds of counseling for State quota seats are conducting by the respective State Government or its designated authority while considering for All India Quota seats and Deemed Universities is managed by the MCC under the DGHS, which counseling process is now conducted online. As a result of which, the seat blocking has been effectively addressed. The increase in the number of counseling rounds from 2 to 4 was also noticed. Therefore, while not interfering with the impugned order of the High Court in its entirety, the Supreme Court issued certain directions to the concerned authorities to ensure effective implementation of the revised counseling frame work. Accordingly, while disposing of the SLP (C) No. 13 2021 SCC OnLine SC 3283 14 PGMER-2023 74 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 9298/2018 in case of Bhavna Tiwari, the Supreme Court issued the following directions:-
"16. As held by us in paragraph 14.4, we issue the following directions to the concerned authorities:
(i) Implement a Nationally synchronized counselling calendar to align AIQ and State rounds and prevent seat blocking across systems. (ii) Mandate Pre-
Counselling Fee Disclosure by all private / deemed universities, detailing tuition, hostel, caution deposit, and miscellaneous charges. (iii) Establish a Centralized Fee Regulation Framework under the National Medical Commission (NMC) (iv) Permit upgrade windows post-round 2 for admitted candidates to shift to better seats without reopening counselling to new entrants. (v) Publish raw scores, answer keys and normalization formulae for transparency in multi-shift NEET-PG exams. (vi) Enforce strict penalties for seat blocking including forfeiture of security deposit, disqualification from future NEET-PG exams (for repeat offenders), blacklisting of complicit colleges.
(vii) Implement Aadhaar-based seat tracking to prevent multiple seat holdings and misrepresentation. (viii) Hold state authorities and institutional DMEs accountable under contempt or disciplinary action for rule or schedule violations. (ix) Adopt a Uniform Counselling Conduct Code across all 75 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 States for standard rules on eligibility, mop-up rounds, seat withdrawal, and grievance timelines. (x) Set up a third-party oversight mechanism under NMC for annual audits of counselling data, compliance, and admission fairness."
It is pertinent to mention here that the aforesaid directions were issued by the Supreme Court in respect of NEET-PG counseling process.
30. Learned counsel for the NMC has referred to a letter dated 24.07.2023 on the subject of online counseling for NEET-PG courses in line with the decision of the Supreme Court in the Dar-us-Slam Educational Trust Vs. Medical Council of India15 (MCI), which directed conducting counseling in online mode by all the State Counseling Agencies for all rounds including stray vacancy round in private medical colleges from the Academic Year:2023-2024. It is stated in the letter that, it will help in tackling the issue of seat blocking and complaints/court cases relating to counseling. 15
On IA No.132614/2022 in WP (C) No. 267 of 2017 76 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
31. It is pertinent to mention here that way back in the year 2003, a three Judge Bench of the Supreme Court in the case of Ms.Neelu Arora and Another Vs. Union of India16 had decried the repeated rounds of counseling for admission to medical colleges. The Supreme Court observed that even if the seats are unfilled, that cannot be a ground for making mid-session admissions and there cannot be telescoping of unfilled seats of one year, with permitted seats of the subsequent year.
32. While noting the decisions of the Supreme Court in the case of Neelu Arora (supra); Supreet Batra and Others Vs. Union of India and Others17; Nihila P.P. (supra) and in Education Promotion Society for India Vs. Union of India18, the Supreme Court in the case of Dr. Astha Goel and others v. Medical Counseling Committee & others19, considered the admission process for NEET-PG-2021. The submission before the Supreme Court was that a direction be issued 16 (2003) 3 SCC 366 17 (2003) 3 SCC 370 18 (2019) 7 SCC 38 19 (2022) 19 SCC 695 77 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 to the respondents to conduct a special stray round of counseling with respect to the seats which remained vacant. After considering the respective submissions and the facts and circumstances of the case, the Supreme Court in the case of Astha Goel has observed as follows:-
"16. Applying the law laid down by this Court in the aforesaid two decisions to the facts of the case on hand and when the Medical Counselling Committee and the Union of India have to adhere to the time schedule for completing the admission process and when the current admission of NEET-PG-2021 is already behind time schedule and even after conducting eight to nine rounds of counselling, still some seats, which are mainly non-clinical courses seats have remained vacant and thereafter when a conscious decision is taken by the Union Government/the Medical Counselling Committee, not to conduct a further special stray round of counselling, it cannot be said that the same is arbitrary. The decision of the Union Government and the Medical Counselling Committee not to have special stray round of counselling is in the interest of medical education and public health.78
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 There cannot be any compromise with the merits and/or quality of medical education, which may ultimately affect the public health.
17. The process of admission and that too in the medical education cannot be endless. It must end at a particular point of time. The time schedule has to be adhered to, otherwise, ultimately, it may affect the medical education and the public health."
33. As far as the allegations of less meritorious candidates being allotted better seats in the 3rd round of counselling is concerned, that aspect has been sought to be explained by the learned counsel appearing for the KEA stating that the rank of the candidates in UG-NEET is not a standalone factor and it has to be factored in with the options exercised by the candidates at the time of registering for the 3rd round of counselling. That has been sought to be demonstrated by the learned counsel for the KEA with reference to the spread sheet/tabular chart aforesaid.
79
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
34. What is discernible in the instant case is that, there is no attempt by any of the respondents to justify their actions with reference to any provision of the NMC Act or the GMER-2023. Fresh registrations have been permitted by the KEA in the third round without there being any statutory sanction. As quoted above in our order dated 07.11.2025, there is no answer whatsoever to the provision of Regulations-17 of the GMER-2023, particularly with reference to its 2nd proviso read along with the Explanation. The provisions of Regulations-17 are being again quoted here at the risk of repetition.
" 17. Submission of the final list,- The respective designated authorities (who have conducted the common counseling) shall submit the final list of students in the prescribed proforma to the UGMEB within one (01) week of the completion of the common counseling, which in turn shall publish that list in the NMC website:
Provided each institution shall also submit the final list of students admitted, in the prescribed proforma as detailed in the MSR, to the UGMEB within one week of the last date of the joining course, declared by the UGMEB:80
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 Provided only those Medical Institutions that were permitted to admit the students prior to the date of Notification of common counseling are allowed to admit students, and the Medical Institutions getting requisite permission later to the date of Notification of common counseling shall participate in the next academic year's common counseling to admit students.
Explanation:- Requisite permission shall also apply mutatis mutandis for the increase of seat strength in Medical Institutions already established."
35. When the 2nd proviso and Explanation to Regulation 17 of GMER-2023 are read, it reflects that:
i) Only those medical institutions that were 'permitted' to admit the students prior to the date of notification of common counseling are allowed to admit students; and
ii) The medical institutions getting 'requisite permission' later to the date of notification of common counseling, shall participate in the next academic year's common counseling to admit students.81
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
iii) The 'requisite permission' as mentioned in the Explanation shall also apply mutatis mutandis for the increase of seat strength in medical institutions already established. Therefore, it is evident that the 443 new seats that were introduced by the State Government would be subject to the 2nd part of the 2nd proviso of Regulations-17 which is to be read in conjunction with the Explanation.
36. The introduction of the 443 new seats when the 3rd round of counseling was in progress and permitting fresh registrations in the 3rd round against those 443 new seats, has led to complications in the counseling process and instead of promoting transparency has rendered the counseling process opaque with allegations being raised of lack of merit based seat allotments. As per the own admission made on behalf of the KEA, that during the first stage of the 3rd round of counseling pertaining to the 443 new seats, despite there being no statutory provision, fresh registrations were permitted. 82
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 36.1. It is pertinent to reiterate that in the Regulations of 1997, as it stood prior to the enforcement of the NMC Act, the Notes to Appendix-F, inter alia, provided that:-
i) Institute/college/courses permitted after 31st May will not be considered for admission/ allotment of seats for current academic year.
ii) In any circumstances, last date for admission/joining will not be extended after 31st August.
Possibly, it is these two (out of the several other) Notes that were sought to be incorporated and modified in Regulation 17 of the GMER-2023 to extend its scope to the effect of increase of seat strength in medical institutions already established if the 'requisite permission' is obtained after the date of notification of the common counseling.
36.2. It is further pertinent to mention here that even in the PGMER-2023, Regulations 4.6 is pari materia Regulation 17 of the GMER-2023. It reads as follows:-
4.6 Submission of the Final List - The respective designated authorities (who have conducted the Common 83 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 Counselling) shall submit the final list of students in the prescribed form to the Post-graduate Medical Education Board within one week of the completion of the common counselling, which in turn shall publish that list in the NMC website. Provided each institution shall also submit the final list of students admitted, in the prescribed form to the PGMEB within one week of the last date of the joining course, declared by the PGMEB.
Provided only those medical institutions that were permitted to start the post-graduate medical course prior to the date of notification of Common Counselling are allowed to admit students; and those medical institutions, who get requisite permission after the date of notification of Common Counselling shall participate in the next academic year's common counselling to admit students. Explanation: Requisite permission shall also apply mutatis mutandis for increase of seat strength in medical institutions already established.
37. However, the Supreme Court has been pleased to grant such relief and pass such orders from time to time in various judgments and orders, some of which are noted above, due to which the process of seat allotments in Medical Colleges is being carried on smoothly all over India. Therefore, the directions given by the Supreme 84 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 Court in Bhavna Tiwari that upgrade windows post-round 2 for admitted candidates to shift to better seats has to be permitted without reopening counselling to new entrants, is the mandate that the respondents are bound to comply.
38. Therefore, new registrations for the first stage of 3rd round of counseling for the 443 new seats could not have been made by KEA. Only the admitted candidates post 2nd round of counseling would be entitled to participate in the 1st stage of the 3rd round of counseling. The 3rd round of provisional seat allotment list of candidates dated 24.10.2025 is therefore, set aside with direction to the KEA to undertake the process of 3rd round of counseling afresh strictly as per the directions of the Supreme Court in Bhavna Tiwari.
39. The KEA shall, accordingly, conclude the two stages of the 3rd round of counseling and the final list shall be endeavoured to be declared no later than 2nd December 2025.
85
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
40. At this stage, it is made clear that during submissions being advanced by the learned counsel, it has been indicated that even in the 2nd round of seat allotment, hundreds of fresh seats were approved by NMC for being included in the counselling undertaken by the KEA. However, interfering with the 2nd round of seat allotment at this stage is not appropriate, particularly when candidates have obtained admission in the various medical colleges across the State and given the fact that the academic sessions have started, as the counseling process cannot be prolonged indefinitely.
41. It has also been indicated during the course of arguments that thousands of new seats have been made available by the NMC in various Medical Colleges/newly created Medical Colleges across the country and fresh registrations have been permitted in the 3rd round of counseling. Given the fact that the aforesaid writ petitions are filed challenging the manner of conduct of 3rd round of counselling by the KEA, the enquiry is not being extended 86 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 as regards those new seats/new Medical Colleges in the other States of the country.
42. The directions in the writ petitions are collated below:
i) The 3rd round of provisional seat allotment list of candidates dated 24.10.2025 is set aside with a direction to the KEA to undertake the process of 3rd round of counselling afresh strictly as per the directions of the Supreme Court in the case of Bhavna Tiwari.
ii) The KEA shall conclude the two stages of the 3rd round of counselling and the final list of seat allotment shall be endeavoured to be declared no later than 2nd December 2025.
iii) The writ petitions are disposed of
iv) The pending I.As if any, stand disposed of.
Sd/-
(JAYANT BANERJI) JUDGE KGR 87 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 Per: K.V. Aravind. J.,
43. I had the privilege of reading the judgment proposed by His Lordship Jayant Banerji, J. I respectfully wish to differ, however, to the extent it gives effect to the interpretation of Regulation 17 of the GMER, 2023, and the consequential directions issued thereunder.
Hence, my separate judgment.
44. The petitioners in the above writ petition, having been declared eligible in NEET-UG, participated in rounds 1 and 2 of the counselling conducted by the KEA and were duly selected. The petitioners have since joined their respective colleges.
44.1 The second round of counselling was conducted pursuant to the information bulletin published by the KEA on 20.08.2025. As per the stipulated conditions, a candidate is required to report and admit to the seat allotted in the second round, failing which, legal action is liable to be initiated against such candidate. Candidates 88 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 who are not allotted a medical seat in the second round are permitted to participate in the round 3/mop-up counselling.
44.2 After completion of the second round of counselling, KEA issued instructions on 06.09.2025 inviting eligible candidates of all categories who were not allotted any seat in the second round and were interested in participating in the third round to do so by paying the caution deposit. Further instructions were issued on 06.10.2025 extending eligibility for the third round to candidates who had cancelled their medical seats by forfeiture of the caution deposit. The third round was for the available medical seats.
44.3 Thereafter, the Department of Medical Education added new medical seats in respect of 9 colleges, totalling 450 seats. Out of these 450 seats, 443 were made available to the State quota to be filled by the KEA. As these seats were not available to the candidates of rounds 1 and 2, under the intimation dated 16.10.2025 89 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 and subsequent intimations, the candidates who had already reported to the medical colleges pursuant to their selection in rounds 1 and 2 were permitted to enter their options only in respect of the 443 seats in the 9 colleges.
44.4 All the petitioners participated in round 3/mop- up by entering their options in respect of the 9 colleges. The petitioners were not successful in the option entry either due to the preferences exercised by them or because the preferred seats were not available having regard to their rankings.
44.5 One set of petitioners seeks a direction to permit them to participate in all the available vacancies of the third round. Another set of petitioners seeks a direction to permit them to participate in the vacancies that arose due to the alteration of options by round 1 and round 2 candidates against the newly added seats.
45. Both sets of prayers are not entertainable. As per the information and conditions, a candidate who 90 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 selects a seat in round 2 and is admitted to the college is not permitted to participate in round 3/mop-up. The admitted candidates were permitted to make option entries in round 3/mop-up only against the newly added seats in the 9 colleges. The candidates accepted these conditions and made their option entries accordingly.
46. The first option was provided by the KEA to round 1 and round 2 candidates admitted to medical to choose from the 443 newly added seats. In that process, 248 candidates altered their earlier selections. The remaining 195 seats were then offered to candidates who were not allotted seats in rounds 1 and 2, candidates newly registered for round 3, candidates who had joined Dental courses in rounds 1 and 2, and candidates from other courses.
46.1 The remaining un-allotted seats, including the consequential vacancies arising due to the change of options by rounds 1 and 2 candidates, were made available to the aforesaid set of candidates. These 91 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 conditions and restrictions were clearly stipulated in the instructions issued by the KEA from time to time, and the petitioners entered their options and participated in the counselling accordingly.
47. At this stage, without challenging the said conditions, it is not open to the petitioners to seek a direction to participate in the counselling contrary to those instructions.
48. All the petitioners were selected in rounds 1 and 2 and are presently pursuing their undergraduate MBBS course. The petitioners placing themselves in better position and continuing in their respective courses and, after being unsuccessful in their chosen options, seek re- allotment without challenging the governing conditions. Such an attempt would deprive candidates who are otherwise eligible for admission against the available vacancies in round 3/mop-up and the stray vacancy round. The counselling process is time bound. 92
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
49. Insofar as the compliance with Regulation 17 of the GMER, 2023, and the findings recorded on its interpretation by His Lordship Jayant Banerji. J., are concerned, the same cannot be given effect to for the current academic year 2025-26 for the following reasons:
(i) Of the total seats permitted by the NMC to a medical college, 15% of the seats are made available for filling through the All India Quota counselling conducted by the Medical Counselling Committee, and the remaining seats are to be filled under the State quota by the KEA. At present, this Court is concerned with the additional seats permitted by the NMC after the commencement of the counselling process. As per the information placed before the Court by Sri N.K.Ramesh, learned counsel for KEA, during second round, 950 seats were added, out of which 97 seats were provided to the All India Quota and 853 seats were filled under the State quota.
Similarly, after the announcement of the third round, 450 seats were added, out of which 7 were allotted 93 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 to the All India Quota and 443 were to be filled under the State quota. If the second proviso to Regulation 17 of the GMER, 2023 is to be applied so as to bar admissions to newly added seats after the notification of counselling, the same would have to be applied uniformly across the country. It is not the case of the NMC that Regulation 17 of the GMER, 2023 has been so applied.
(ii) It is stated by the learned counsel for the NMC that, in total, 9,075 additional seats were permitted at various stages. It is submitted that all these additional seats have been permitted to be filled for the academic year. Insofar as the additional seats allotted to medical colleges in Karnataka during the second round of counselling are concerned, 950 seats were allowed to be filled by the medical colleges under both the All India Quota and the State quota. If the second proviso to Regulation 17 of the GMER, 2023 is applied in respect of the additional 94 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 seats allotted during the third round of counselling and such seats are debarred from admission, it would lead to irreparable consequences for more than one reason.
(a) When such additional seats are being admitted in other parts of the country, depriving candidates seeking admission through the KEA of admission in third round would lead to discrimination and would violate Article 14 of the Constitution of India.
(b) Out of the 950 seats made available for the second round, all seats were filled both under the All India Quota and the State quota. Depriving candidates in round 3 of similar treatment would be discriminatory and would violate Article 14 of the Constitution of India.
(c) Out of the 450 additional seats added for the third round, 7 seats were allotted to the All India Quota and those seats have been filled 95 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 under the All India Quota. Depriving admissions to the remaining 443 seats would likewise be discriminatory and inequitable.
(d) By virtue of the permission granted by the NMC, a right has accrued in favour of the medical colleges to admit students against the additionally allotted seats. Barring admission to these additionally allotted seats would take away the right of the medical colleges to admit students, resulting in financial loss. Without affording an opportunity to the colleges, such a bar is not permissible.
(e) If the additional seats for round 3 are not made available, the eligible candidates would be deprived of their right to admission and to pursue the medical course. Those eligible candidates likely to be affected are not before this Court. Any order depriving them of their 96 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 right to admission would amount to a violation of the principles of natural justice.
(f) As held by the Hon'ble Supreme Court in Ruchin Bharat Patel v. Parents' Association for M/D Students and Others on I.A. Nos.9-10 & 11-12 in Civil Appeal No.4480/2006, denial of admission not only deprives eligible candidates of their rights, but also results in financial loss to the medical colleges and leads to a waste of available seats.
(g) An attempt is required to be made by this Court to save the allotted seats and to provide guidelines to rectify any procedural deficiencies for the next academic year. Such prospective application is necessary having regard to the alleged violation of the Central Act and the fact that students/candidates in other States are being permitted admission to additionally allotted seats without reference to Regulation 97 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 17 of the GMER, 2023. The Regulation 17 of the GMER, 2023 needs uniform application.
(h) In a similar situation involving additional seats in NEET-PG, the Hon'ble Supreme Court in Anjana Chari S.N. v. The Medical Counselling Committee (W.P. No.174/2022 (C), disposed of on 31.03.2022) permitted special counselling for students who had joined in round 2, either under the State quota or the All India Quota, without imposing any financial penalties, and thereafter allowed a mop-up round for eligible candidates. In the present case, the newly added 443 seats were not available for option to candidates in Rounds 1 and 2. Hence, they were provided an opportunity to exercise their options among the 443 seats in the 9 colleges. This exercise is in conformity with the procedure adopted by the Hon'ble Supreme Court in the judgment referred to supra. 98
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
(i) Denial of admission only in respect of the additional seats added for the third round of counselling would discriminate between similarly placed candidates who secured admission against the additional seats added for the second round. Differential treatment to the 443 seats, as against the 9,075 additional seats permitted by the NMC, would deprive eligible candidates of the opportunity for admission, resulting not only in financial loss to the medical colleges but also in a waste of national resources. Considering the rise in necessity of doctors to meet the Health Care demand, the resources are to be utilized to the available extent. The balance, therefore, needs to be struck by the Court in view of the circumstances created by the addition of seats. The equitable course would be to allow admission to the 443 additional seats through merit-based counselling by the KEA. Non- 99
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 compliance with the regulations of the GMER, 2023 may be directed to be rectified and strictly followed from the next academic year. Such an approach would preserve equity among similarly situated students and prevent the wastage of seats.
(j) Further equities are required to be balanced between the 950 candidates who successfully secured admission against the additional seats in the second round and the 443 candidates out of the 450 newly added seats for round 3. Out of the 450 additional seats, 7 All India Quota seats have already been filled and the candidates admitted. Here again, discrimination cannot be made between candidates seeking admission under the All India Quota and those seeking admission under the State quota.
(k) If admission to the additional seats is denied, it would lead to an irreversible situation for the 100 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 candidates. The petitioner in W.P.No.34183/2025, which was heard along with the batch of petitions had earlier secured a seat under the All India Quota, was subsequently selected under the State quota. In accordance with the applicable conditions, she surrendered her All India Quota allotment in the bona fide belief that her admission, as per the provisional selection made in round 3 including the additionally allotted seats, would be confirmed. The surrendered seat has been filled in the stray round of the All India Quota. If the additional seats are now not permitted to be filled, the candidate, who bona fide relinquished her All India Quota seat with a reasonable expectation of admission, would suffer injustice without any fault on her part.
(l) If the permission granted by the NMC to admit students to the additional seats for the academic year, the order of the Department of 101 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 Medical Education including such additionally allotted seats, and the counselling conducted by the KEA for those seats are found to be in contravention of Regulation 17 of the GMER, 2023, such anomaly can be rectified by directing the authorities to undertake the admission process strictly in accordance with the said regulation from the next academic year. Enforcement of the regulation in the midst of the counselling process, only to 443 seats as against the 9,075 seats additionally permitted by the NMC, and applying it only to candidates of round 3 and onwards while ignoring candidates of rounds 1 and 2, is impermissible, as it would lead to discrimination and would be contrary to the principles of fair play among candidates who are similarly situated. Once interpretation is made to Regulation 17 of the GMER 2023, the application cannot be selectively restricted. 102
WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025
50. The learned counsel for the KEA submits that, as per the schedule, the counselling process is required to be completed on or before 20.11.2025, and in view of the interim order passed by this Court directing the KEA not to act upon the results of the third round of counselling, the final selection list for the said round has not been announced. It is further submitted that after the publication of the final selection list, a stray round has to be conducted for the unfilled seats. Hence, the learned counsel prays that the time limit for completing the above process be extended.
51. By order dated 29.10.2025, the KEA was directed not to act upon the results of the third round of counselling until the next date of hearing. The interim order has been extended from time to time and continues to operate as of today. The delay in completing the counselling exercise is attributable to the orders passed by this Court. The request made by the KEA merits consideration in the larger interest of the eligible 103 WP No. 31934 of 2025 C/W WP No. 32428 of 2025, WP No.32391/2025, WP No.32510/2025 & WP No.32519/2025 candidates and to ensure completion of the ongoing counselling process. In the facts and circumstances of the case, it is appropriate to permit the counselling exercise to be completed on or before 10.12.2025.
52. In the light of the aforesaid findings, the following:
Order
(i) All the writ petitions stand dismissed.
(ii) The Karnataka Examination Authority is hereby directed to complete round 3/mop-up round expeditiously, in accordance with law.
(iii) The interim order granted earlier ceases to operate.
(iv) The KEA shall complete the counselling process of all permissible rounds with an outer limit on or before 10.12.2025.
Sd/-
(K. V. ARAVIND) JUDGE MV