Karnataka High Court
Dr. Akshay U Thuppad vs State Of Karnataka on 4 February, 2025
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W.P. No.2848/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.2848/2025 (EDN-RES)
BETWEEN:
1. DR. AKSHAY U. THUPPAD
S/O UMESH V THUPPAD
AGED ABOUT 25 YEARS
R/O SRI SADANA, 2ND MAIN
6TH CROSS, VIDYA NAGARA
Digitally signed CHITRADURGA, KARNATAKA - 577502
by ARSHIFA
BAHAR KHANAM NEET RANK-9584.
Location: HIGH
COURT OF
KARNATAKA 2. DR. SHACHI PANDEY
D/O SAROJ PANDEY
AGED ABOUT 26 YEARS
R/O NO.381, HERITAGE TOWERS
DWARAKA, SECTOR-3 DELHI - 110078
NEET RANK-10628.
3. DR. SHIVANI M.R.
D/O MEGHARAJ
R/O NO.430, 8TH MAIN, 4TH CROSS
HANUMANTHNAGAR
BANGALORE-560019
NEET RANK 34392.
4. DR. RAGHUNATH
S/O PAKKIRAPPA .R
AGED ABOUT 30 YEARS
C/O SHIVA LODGE OPP
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W.P. No.2848/2025
MINTO HOSPITAL, CHAMRAJPETE
BENGALURU 560002
NEET RANK 36860.
5. DR. TRUPTI
D/O VEERESH
AGED ABOUT 26 YEARS
R/O NO 206, 5TH BLOCK
B-2 WING. SKYLINE APARTMENT
CHANDRA LAYOUT, BANGALORE
KARNATAKA - 560040
NEET RANK 32404.
6. CHANDANA M.N.
D/O NAGARAJU
AGED ABOUT 25 YEARS
R/O CHANNARAYAPATNA
HASSAN, KARNATAKA - 573135
NEET RANK 16580.
7. DR. YOGITHA
C/O D. MOHAN KUMAR
AGED ABOUT 27 YEARS
R/O FLAT NO.905. NORTHERNSKY
PALM STREAK OPP VIVEKANANDA
PARK, NEAR BEJAI, CHURCH CROSS
MANGALORE - 575004
NEET RANK 135789.
8. DR. BHARATH KUMAR K.T.
S/O THIPPE SWAMY .K
AGED ABOUT 28 YEARS
R/O 164, NEAR MARAMMA TEMPLE
ALUR POST, KUDLIGI, BELLARY
KARNATAKA - 583218
NEET RANK-32271.
9. DR. AMAR
S/O CHANAPPA GADGE
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W.P. No.2848/2025
AGED ABOUT 29 YEARS
R/O HUMNABAD, BIDAR 585330
NEET RANK 31118.
10. DR. SANJAY
S/O SUBBEGOWDA .V
AGED ABOUT 25 YEARS
R/O MEREVEGOWDARA KUTREERA
JAYANAGARA 2ND MAIN, 4TH CROSS
MYSORE 570014
NEET RANK-26988.
11. DR. MADHUSH H.J.
S/O H.C. JAGADEESH
AGED ABOUT 25 YEARS
R/O YELLAPUR, TUMKUR
KARNATAKA 572101.
NEET RANK- 31148.
...PETITIONERS
(BY SMT. HIREMATH AKKAMAHADEVI, ADV.,)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF MEDICAL EDUCATION
VIKASA SOUDHA, BENGALURU-560001
REPRESENTED BY ITS SECRETARY.
2. NATIONAL MEDICAL COMMISSION
POCKET 14, SECTOR 8, DWARKA
NEW DELHI-110007
REPRESENTED BY ITS SECRETARY.
3. MEDICAL COUNSELING COMMITTEE (MCC)
DIRECTOR GENERAL OF HEALTH SERVICES
MINISTRY OF HEALTH AND FAMILY WELFARE
GOVERNMENT OF INDIA
ROOM NO.352, A-WING, NIRMAN BHAVAN
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W.P. No.2848/2025
MAULANA AZAD ROAD, NEW DELHI-110011
REPRESENTED BY ITS DIRECTOR.
4. KARNATAKA EXAMINATIONS AUTHORITY (KEA)
18TH CROSS ROAD, SAMPIGE ROAD
MALLESWARA - 560012
BY ITS EXECUTIVE DIRECTOR.
5. DIRECTORATE OF MEDICAL EDUCATION
KR ROAD, FORT, BENGALURU-560002
REP. BY ITS DIRECTOR.
6. DR. SURABHI SANJAY
AGED ABOUT 27 YEARS
D/O SANJAY SRIKANTAIAH
15 TEMPLE ROAD
JAYALAXMIPURAM
MYSORE-570012.
7. DR. AJAY M
S/O MAHESHWARAPPA
AGED ABOUT 26 YEARS
R/O MARANIHALLI, ALLIMAGI POST
HOSADURGA
CHITRADURGA DIST-577527.
8. DR. DAIVA KUMAR B
S/O BETAIAH
AGED ABOUT 25 YEARS
R/O. NO.44, JADENAHALLI
BIDADI HOBLI, HEJJALA POST
RAMANAGARA DIST-562159.
9. DR. CHINMAYI P
D/O PRABHAKARA
AGED ABOUT 25 YEARS
R/O.1796, 1ST MAIN,
6TH CROSS, KUMARASWAMY LAYOUT
II STAGE, BANGALORE-560078.
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W.P. No.2848/2025
10. DR. CHETAN KUMAR
S/O SHASHIDHAR KALLUR
AGED ABOUT 27 YEARS
R/O DATTA COLONY
RADHAKRISHNAN NAGARA
KUKANOOR, KOPPAL DIST-583232.
11. DR. CHETANRAJ
S/O DEVARAJ
AGED ABOUT 28 YEARS
R/O. NO.90, INDIRANAGARA
WARD NO.3, KANAKAGIRI
KOPPALA DIST-583283.
12. DR. SANTOSH .T
S/O THIPPESWAMY
AGED ABOUT 27 YEARS
R/O. GOOLIHOSAHALLI
DODDA KITTADAHALLI
HOLALKERE TALUK
CHITRADURGA DIST-577557.
13. DR. ADHYA B.K.
D/O KANTHARAJ
AGED ABOUT 25 YEARS
R/AT. NO.77, MAIN ROAD
NEAR GOVERNMENT SCHOOL
KANNAGI-577226.
14. DR. PRIYADARSHINI B.S.
D/O SHIVASHANKAR B.P.
AGED ABOUT 25 YEARS
R/AT. NO.319, 'SUMA PRIYA' NILAYA
KHB BADAVANE, KERE ANGALA
VTC, MANDYA-571401.
15. DR. NITHYA M.R.
D/O SRI. RAMESH K.C.
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W.P. No.2848/2025
MALLENAHALLI, BINDIGANVILE
NAGAMANGALA
MANDYA-571802.
(AMENDED AS PER COURT
ORDER DATED 04.02.2025)
...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R5
SRI. N. KHETTY, ADV., FOR R2
SRI. H. SHANTHIBHUSHAN, DSGI, FOR R3
SRI. N.K. RAMESH, ADV., FOR R4
SRI. AJOY KUMAR PATIL, ADV., FOR R6
SRI. IRISHAD AHMED B.M. ADV., FOR R7 TO R15)
---
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE 4TH RESPONDENT TO REMOVE/CANCEL THE POST
GRADUATE SEATS WRONGLY ALLOTTED TO THE
INELIGIBLE/BARRED CANDIDATES WHO HAVE BEEN
ALLOTTED POST GRADUATE MEDICAL SEATS IN THE
FINAL ALLOTMENT LIST OF MOP UP (THIRD) ROUND OF
STATE COUNSELLING FOR STATE SEATS IN PG-NEET 2025
PUBLISHED ON 30/01/205 BY THE 3RD RESPONDENT.
CONSEQUENTLY DIRECT THE 4TH RESPONDENT TO REDO
THE PROCESS OF COUNSELLING OF THE SAID CANCELLED
POST GRADUATE MEDICAL SEATS. DIRECT CERTAIN
MEASURES TO BE TAKEN TO PREVENT THE OCCURRENCE
OF THE INELIGIBLE/BARRED CANDIDATES FROM
PARTICIPATING IN THE COUNSELLING AND ADMISSION
PROCESS AND TO INTRODUCE TRANSPARENCY IN THE
ENTIRE COUNSELLING AND ADMISSION PROCESS & ETC.
THIS PETITION, COMING ON FOR HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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W.P. No.2848/2025
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
This writ petition is filed by the candidates who are
aspirants for the NEET PG admission in the mop-up round
being conducted by the 4th respondent - Authority. They
contend that going by the eligibility conditions as provided
in the brochure, it is specifically provided that candidates
who have not joined the colleges after allotment of seats
in the PG Medical / PG Dental first round or second round
and are not allotted seat in the mop-up round in All India
Counseling including the Counseling for Deemed
Universities (subject to conditions, if any stipulated by the
GOI) and the candidates who have not been allotted any
seat in State counseling alone would be eligible for
participating in the mop-up round of counseling held by
Karnataka Examinations Authority (KEA). It is contended
that the writ petitioners are persons who were eligible to
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participate in the mop-up round of counselling conducted
by the 4th respondent. However, it is further contended
that the 3rd respondent had conducted the counselling for
the 3rd round (mop up round) under the All India Quota
from 26.12.2024 to 25.01.2025. It is submitted that the
sharing of the data with regard to the joined candidates by
the 3rd respondent was to be done on 04.02.2025 and
05.02.2025. However, the mop up round of State
Counseling was to be from 25.01.2025 to 05.02.2025 and
the sharing of the data with regard to the joined seats by
the State DMEs was scheduled on 10.02.2025 and
11.02.2025. It is contended that in the present year,
there was a change with regard to the eligibility for
participation in the successive rounds of conselling under
the All India Quota. Even persons who had participated in
the first and second rounds of counseling were permitted
to participate in the third round of All India Quota
counseling. It is contended that there was no such change
effected by the KEA with regard to the eligibility conditions
for participation in the third round or the mop-up round as
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conducted by them. However, it is further submitted that
persons who had been allotted seats in the third round of
counseling in the All India Quota who were ineligible to
participate in the mop-up round under KEA were also
permitted to submit options and to participate in the third
round of counseling by the KEA. It is submitted that
though the results of the third round of counseling in the
All India Quota was available on 27.01.2025 and the time
for submitting options for the third round of counseling
under the KEA was extended till 6 p.m. on 28.01.2025,
even those persons who had participated in the third
round of All India Quota and had been allotted seats there
were permitted to participate in the third round of
counseling under the KEA and to take seats in the said
round.
2. Learned counsel for the petitioners vehemently
contends that such procedure was completely illegal and
unwarranted since the brochure by the KEA specifically
provide that persons who had been allotted seats in the
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mop-up round of the All India Quota which is the third
round of the All India Quota could not participate in the
mop-up round under the KEA. It is contended that this
has lead to a situation where persons who had already
been allotted seats either in the first two rounds of
counseling under the KEA or in the mop-up round in the
All India Quota are now permitted to exercise further
options and to better their options which is not permitted
under the KEA brochure. It is submitted that on the basis
of the brochure, the petitioners had participated in the
counseling process. They were waiting for the mop-up
round under the KEA in the hope that they had a chance
to avail the seats which would become available in the
mop-up round of counseling being conducted by the KEA.
It is submitted that their chances to get seats in
accordance with the brochure have now been defeated by
the illegal acts of the KEA.
3. Learned counsel appearing for the KEA submits
that there has been a change of procedure for
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participation in the counseling conducted by MCC for the
All India Quota seats and the seats available in deemed
Universities. It is submitted that the MCC permitted
persons who had participated in the first two rounds of
counseling also to participate in the third round if they
wanted to better their options. It is submitted that in the
said circumstances, a situation arose where seats in the All
India Quota would also get vacated and would become
available for filling up by the KEA. The KEA therefore felt
that an option should be given to all persons to participate
in the third round of counseling under KEA. It is submitted
that due to such circumstances that option entries were
permitted even by persons who had already taken
al0lotments under the All India Quota and that they were
permitted to participate in the third round of counseling
under KEA as well. It is further submitted that the KEA
had relied on a note provided in the schedule issued by
the MCC which stated that the MCC shall share the data of
joined candidates in round 1, round 2, round 3 to all
participating States and similarly the participating States
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shall share such data as well. It is further submitted that
the note further provided that based on the list of
candidates allotted through stray vacancy round of MCC,
State Counseling Authorities are requested to weed out
such candidates before seat processing of stray vacancy
round of State Counseling. It is submitted that relying on
such note; the KEA had permitted persons who had
participated in the third round of All India Quota also to
participate in the third round of KEA counseling.
4. The learned Deputy Solicitor General of India
appearing for the 3rd respondent contends that the
charges brought about in the eligibility for participation in
the successive rounds of counseling in the All India Quota
were specifically provided with regard to All India Quota
alone. It was contended that it was with the permission of
the Apex Court that the changes have been brought about.
Accordingly, persons who had participated in the first two
rounds in the All India Quota were also permitted to
participate in the third round after due registration. It is
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contended that the said charges would not effect the
brochure issued by the KEA or the procedure as prescribed
by the KEA unless such changes are brought about with
due permissions and with proper notifications to the
participants. It is further contended that the last date for
joining the seats allotted in the All India Quota is till 11.55
p.m. on 04.02.2025. It is submitted that those students
who have been allotted in the third round of counseling
under the All India Quota can exercise their option to join
the said allotted seats till midnight today. Further, it is
contended that the note which is relied on by the KEA,
only provides that details of seats availed would be shared
after the first three rounds of the All India Quota
counseling and that the States would also be required to
share such data after the first three rounds of their
counseling so that stray round can be conducted by
including all those seats. It is submitted that the note
relied on by the KEA does not justify any change in the
notified procedure or the State eligibility criteria as
provided in the brochure.
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5. Learned counsel appearing for the 2nd
respondent NMC would submit those students who have
already been allotted seats in the third round of counseling
for the All India Quota can be permitted to join the seats
allotted to them, even by extending the time provided so
that they will not loose the seats already allotted to them
in the All India Quota. It is submitted that in the light of
the brochure issued by the KEA they would not have the
right to participate in the third round under the KEA in
which event, unless the seats allotted to them in the All
India Quota in the third round are availed by them, they
would loose those seats as well.
6. The petitioners in the impleading applications
would contend that they had participated in the third
round of All India Quota but had not accepted the seats or
joined the seats allotted to them in the third round. It is
submitted that they were permitted to exercise their
option with regard to third round of KEA counseling and
had done so. It is submitted that the original time for
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submitting their options for the third round of counseling
under KEA was till 23.01.2025. It is submitted that when
the portal was open and when they were enabled to
exercise their options, they were not aware whether they
were allotted any seat in the mop-up round under All India
Quota. It is submitted that they were permitted to
participate in the third round under KEA and they had
been allotted seats and had also joined the seats allotted
to them.
7. We have considered the contentions advanced
on all sites. We have also noticed the contentions and the
materials on record. We notice that the eligibility for
participation in the third round or the mop-up round of
counseling notified in the brochure issued by the KEA was
specifically as under:
Mop-up round
"(Seat allotment Schedule and procedure for
conduct of Mop-up round will be informed later)
Eligibility to participate in each round is subject to
the conditions stipulated from time to time by
MCC. KEA will not be held responsible in this
regard.
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If any seats remain vacant after the second
round, a mop round may be conducted for all
categories of seats, the following types of
candidates only are eligible to participate in the
mop-up round.
Candidates who have not joined the college
after allotment of seats in the PG Medical / PG
Dental first round or second round or not allotted
seat in mop-up round of All India Counselling
including Counselling for Deemed Universities
(subject to conditions if any, stipulated by GOI),
and candidates who have not been allotted any
Clinical seat* in second round of state counselling.
NOTE:
• The conditions stipulated by the Apex
bodies will be followed.
• Candidates are advised to visit KEA Website
for seats availability / vacant seats for PG Mop-up
round allotment before participating as well to
know about the fee structure in different
colleges / category of seats.
*NOTE TO pre or para-clinical seat allotted
candidates:
Candidates allotted pre or para-clinical seat will be
allowed to participate in counseling for Clinical
seats only. The candidates allotted pre or para-
clinical seat and who are interested to participate
in the mop-up round should not report to the
allotted college of Pre- or Para clinical seat. But
they should compulsorily pay the fees for pre or
para-clinical seat and wait for the mop-up round.
If any clinical seat is allotted to them in the mop-
up round, then they have to pay the balance fees
immediately, and report to the newly allotted
college. In case if they did not get any clinical seat
in the mop-up round, then they have to take
admission for pre or para-clinical seat by collecting
the admission order.
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However, in case candidates have already
joined the allotted college for pre or para-clinical
seat, then they will not be allowed to participate in
the mop-up round.
NOTE: The instructions and guidelines issued by
the Competent Authority from time to time shall
be followed."
8. It is clear that there was a change in the
procedure with regard to the conduct of counseling for the
All India Quota seats. Persons who had participated in the
first two rounds in the All India Quota were also permitted
to participate in the third round of counseling for All India
Quota seats subject to the conditions as provided by MCC.
However, we notice that there was no change with regard
to the conditions with regard to eligibility given in the KEA
brochure for participation in the third round of counseling
by KEA. If that be the case and the eligibility conditions as
provided remains unchanged, then obviously, persons who
have been allotted PG Medical seat in the first round or the
second round would not be eligible to participate in the
mop-up round of the KEA counseling. Further, a person
who is allotted a seat in the mop-up round of the All India
Quota including the counseling for the Deemed
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Universities would also not be eligible to participate in the
third round of the KEA counseling. As long as these
conditions remain unchanged, we are of the opinion that
the contention that the change in the criteria for
participation in the third round for the All India Quota
would automatically entail a permission for persons who
are not eligible as per the conditions of the brochure to
participate in the third round of KEA counseling, cannot be
accepted.
9. The writ petition therefore would have to
succeed. The contentions raised by the petitioners in the
impleading applications that they were unaware whether
they have secured a seat in the All India Quota also cannot
be accepted in view of the fact that the time for submitting
the options in the third round of KEA counseling stood
extended till 28.01.2025 and the details with regard to
round 3 counseling under the All India Quota was available
provisionally on 25.01.2025 and finally on 27.01.2025.
The further contention raised by the learned counsel
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appearing for the impleading applicant that the allotted
seats in the Deemed Universities are not covered by the
bar under the KEA brochure also cannot be accepted in the
light of the specific provisions as provided above.
10. We are of the opinion that in the light of the
discussion above, the writ petition is liable to be allowed.
The seats allotted to ineligible candidates in terms of the
brochure by the KEA in the third round shall also stand
cancelled.
11. However, in view of the fact that the impleading
applicants and other similarly situated students have
already participated in the third round of counseling for All
India Quota and had been allotted seats there in, we are
of the opinion that in case they wish to join the allotted
seats under the All India Quota, they should be permitted
to do so and should also be given some reasonable time to
join the seats allotted under the All India Quota. We are
further of the opinion that the penalty clause with regard
to giving up of the seats as provided under Clause 16 of
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the KEA brochure should also not be made applicable as
against the said candidates since they had participated in
the mop-up round of KEA counseling only on the basis of
the permission wrongly granted by the KEA. The 3rd
respondent will therefore permit the students allotted
under the All India Quota and who had been permitted by
the KEA in the third round of counseling further time up to
5 p.m. on 09.02.2025 to join the seats allotted to them
under the All India Quota. The KEA shall also take proper
steps to see that the original documents are returned to
those candidates to enable them to join the All India Quota
seats.
12. In the result:-
The writ petitions are allowed. In the interest of
justice, it is ordered as follows:-
i) There will be a direction to the fourth respondent
to cancel the allotment of Post Graduate Medical Seats
wrongly allotted in violation of the provisions of the
brochure in the mop-up round of KEA counseling.
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ii) The seats allotted to persons who were ineligible
to participate in the mop-up round as per the brochure
issued by the KEA, shall be cancelled and will be made
available in the next round of counseling.
iii) The second and third respondent shall permit the
candidates, who are allotted seats under the third round of
counseling in the All India Quota to join the allotted seats
till 5:00 p.m. on 09.02.2025.
iv) The KEA is directed not to enforce the penalty
clause under clause-16 of the KEA brochure as against the
students, who were wrongly permitted to participate in the
third round of KEA counseling in violation of the brochure.
The KEA shall also take steps to see that the original
documents are returned to those candidates to enable
them to join the All India Quota seats at the earliest.
v) In view of the fact that the several seats which
were available in the mop-up round of KEA counseling
would again fall vacant and would be available in the stray
vacancy round, the petitioner and similarly situated
candidates, who were eligible to participate in the mop-up
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round, should be permitted to participate in the stray
vacancy round, so that, the seats which have fallen vacant
would also be allotted on the basis of merit among the
eligible candidates.
vi) Further, the KEA shall also take appropriate steps
to see that if any of the ineligible candidates have joined
the colleges pursuant to the third round of counseling held
by the KEA, the fees paid by them shall be refunded to
them at the earliest. Any deemed University which has
collected fees from candidates ineligible to participate in
the third round of KEA counseling shall also refund such
fees to them.
vii) The MCC as well as the KEA will inform the
candidates who have already been allotted seats in the
third round of counseling under the All India Quota and
who were permitted to participate in the counselling of the
KEA without eligibility that they have to join the seats
allotted in the third round of counseling under the All India
Quota failing which they will not be entitled any seat in the
KEA also. The fact that the time for joining the allotted
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seats under the All India Quota stands extended till
09.02.2025, shall also be intimated to them at the earliest
by e-mail and through intimation in the official website or
through SMS on the mobile numbers available so that they
are enabled to take appropriate steps.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
RV/CP
