Karnataka High Court
Chandana M N vs State Of Karnataka on 13 February, 2025
-1-
NC: 2025:KHC:6499-DB
WP No. 4065 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 4065 OF 2025 (EDN-RES)
BETWEEN:
1. CHANDANA M.N.
D/O NAGARAJU
AGED ABOUT 25 YEARS
R/O. MANCHENAHALLI VILLAGE
BEKKA POST, CHANNARAYAPATNA
HASSAN-573 135
NEET RANK:16,580
ALLOTTED - MS OBSTETRICS AND GYNAECOLOGY
VYDEHI INSTITUTE OF MEDICAL SCIENCE
BENGALURU (GM CATEGORY)-FEE PAID
NOT REPORTED
2. DR. TRUPTI
Digitally signed
D/O VEERESH
by AGED ABOUT 26 YEARS
CHANNEGOWDA
PREMA R/O. No.206, 5TH BLOCK
Location: High
Court of
B-2 WING, SKYLINE APARTMENT
Karnataka CHANDRA LAYOUT
BENGALURU-560 040
NEET PG RANK-32,404
ALLOTTED COLLEGE-MS OPTHOLMOLOGY, JJMC
DAVANGERE (GM-PH CATEGORY)-NOT PAID FEE
AND NOT REPORTED TO COLLEGE
3. DR. BHARATH KUMAR K.T.
S/O THIPPE SWAMY K.
AGED ABOUT 28 YEARS
R/O. No.164,
-2-
NC: 2025:KHC:6499-DB
WP No. 4065 of 2025
NEAR MARAMMA TEMPLE
ALUR POST, KUDLIGI
BELLARY-583 218
NEET RANK-32,271
ALLOTTED COLLEGE -MD ANAESTHESIA
SUBBAIAHA INSTITUTE OF MEDICAL SCIENCES
SHIMOGA, FEES PAID-NOT REPORTED
4. DR. SANJAY
S/O SUBBEGOWDA V.
AGED ABOUT 25 YEARS
R/O. MEREVEGOWDARA KUTREERA
JAYANAGARA 2ND MAIN,
4TH CROSS
MYSURU-570 014
NEET RANK-26,988
ALLOTTED COLLEGE - MD ANAESTHESIA
KVG MEDICAL COLLEGE, SULIA
FEES NOT PAID, NOT REPORTED
5. DR. MADHUSH H.J.
S/O H.C. JAGADEESH
AGED ABOUT 25 YEARS
R/O. YELLAPUR
TUMAKURU-572 101
NEET RANK-31,148
ALLOTTED COLLEGE - MD RESPIRATORY MEDICINE
OXFORD MEDICAL COLLEGE, BENGALURU
(GM-P CATEGORY) - FEES PALD, NOT REPORTED
6. DR. GAUTHAM M.M.
S/O MANJUNATH M.L.
AGED ABOUT 28 YEARS
R/O. No.1048/2,
3RD CROSS
2ND MAIN, KTJ NAGARA
DAVANGERE-577 002
NEET RANK-34,685
ALLOTTED COLLEGE - MD PATHOLOGY
BMC, (GM CATEGORY) - FEES PALD
- NOT REPORTED
-3-
NC: 2025:KHC:6499-DB
WP No. 4065 of 2025
7. DR. RAKSHITHA V.
D/O M.G. VIJAY KUMAR
AGED ABOUT 27 YEARS
R/O. No. 364, OLD POST OFFICE ROAD
GUNIGANTIPALYA, MULBAGAL
KOLAR-563 131
NEET RANK- 19,475
ALLOTTED COLLEGE - MD PAEDIATRICS
MVJ MEDICAL COLLEGE, BENGALURU
FEES PAID - NOT REPORTED
...PETITIONERS
(BY SMT. HIREMATH AKKAMAHADEVI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF MEDICAL EDUCATION
VIKASA SOUDHA, BENGALURU-560 001
REPRESENTED BY ITS SECRETARY
2. NATIONAL MEDICAL COMMISSION
POCKET 14, SECTOR 8, DWARKA
NEW DELHI-110 007
REPRESENTED BY ITS SECRETARY
3. KARNATAKA EXAMINATIONS AUTHORITY (KEA)
18TH CROSS ROAD, SAMPIGE ROAD
MALLESHWARA-560 012
BY ITS EXECUTIVE DIRECTOR
4. DIRECTORATE OF MEDICAL EDUCATION
K.R. ROAD, FORT
BENGALURU-560 002
REPRESENTED BY ITS DIRECTOR
...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R4;
SRI. N. KHETTY, ADVOCATE FOR R2;
SRI. N.K. RAMESH, ADVOCATE FOR R3)
-4-
NC: 2025:KHC:6499-DB
WP No. 4065 of 2025
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT OF
CERTIORARI, QUASHING THE SMS DATED 10.02.2025 AT 2:06
PM AND THE SMS DATED 10.02.2025 AT 2:50 PM SENT BY THE
3RD RESPONDENT TO THE PETITIONERS, PRODUCED AS
ANNEXURES-E AND F RESPECTIVELY AND ETC.
THIS PETITION, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Heard the learned counsel appearing on either side.
2. It is submitted by the learned counsel
appearing for the petitioners that this Court, in an earlier
round of writ petition in W.P.No.2848/2025, had
specifically directed that the petitioners and the similarly
situated candidates who were eligible to participate in the
mop-up round of counseling should be permitted to
participate in the stray vacancy round, so that the seats
NC: 2025:KHC:6499-DB
which have fallen vacant would also be allotted on the
basis of merit among the eligible candidates.
3. It is submitted that even though the petitioners
and other similarly situated candidates were eligible to
participate in the mop-up round and had not joined the
seats which were allotted to them in the mop-up round,
they were permitted to participate in the stray vacancy
round only on payment of penalty of Rs.2,00,000/-.
4. Having considered the contentions advanced
and in the light of the specific findings recorded in the
judgment in W.P.No.2848/2025, we are of the opinion that
requiring the petitioners who had approached this Court
and similarly situated candidates who were eligible to
participate in the mop-up round to pay penalty for
participating in the stray vacancy round is not justifiable
under any circumstances.
5. We therefore clarify that the petitioners and
similarly situated candidates, who were eligible to
NC: 2025:KHC:6499-DB
participate in the mop-up round and who wish to
participate in the stray vacancy round should be permitted
to do so, subject to their eligibility, without payment of
any penalty, after surrendering their seats allotted in the
mop-up round. In case any penalty has been collected
from the students who were similarly situated like the
petitioners herein and who were eligible to participate in
the mop-up round, the same will be duly refunded to the
students by the Karnataka Examinations Authority (KEA).
The KEA will also notify the last date for surrender of the
seats already allotted in the mop-up round so as to make
the students eligible to participate in the stray vacancy
round and the last date for surrendering the seats already
opted in the stray vacancy round in the website of KEA.
6. We make it clear that the eligibility of the
candidates to participate in the stray vacancy round will be
referable to their eligibility to participate in the mop-up
round.
NC: 2025:KHC:6499-DB
7. With the above observations, the writ petition
stands disposed of.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
PN
