Karnataka High Court
Dr.Rakshitha V vs Union Of India on 18 February, 2025
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NC: 2025:KHC:7093-DB
WP No. 4723 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 4723 OF 2025 (EDN-RES)
BETWEEN:
1. 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
2. DR. GAUTAM M.M.
S/O MANJUNATH M.L.
AGED ABOUT 28 YEARS
R/O No.1048/2
Digitally signed
by 3RD CROSS, 2ND MAIN
CHANNEGOWDA
PREMA KTJ NAGARA
Location: High DAVANAGERE-577 002
Court of
Karnataka NEET RANK: 34,685
...PETITIONERS
(BY SMT. HIREMATH AKKAMAHADEVI, ADVOCATE)
AND:
1. UNION OF INDIA
DIRECTORATE OF HEALTH SERVICES
MINISTRY OF HEALTH AND FAMILY WELFARE
DGHS HEADQUARTERS, F-17
KARKARDOOMA
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WP No. 4723 of 2025
NEW DELHI-110 032
REPRESENTED BY ITS DIRECTOR
2. NATIONAL MEDICAL COMMISSION
POCKET 14, SECTOR 8, DWARAKA
NEW DELHI-110 007
REPRESENTED BY ITS SECRETARY
3. MEDICAL COUNSELLING COMMITTEE
DIRECTORATE GENERAL OF HEALTH SCIENCES
MINISTRY OF HEALTH AND FAMLY WELFARE
GOVERNMENT OF INDIA
No.354, NIRMAN BHAVAN
DELHI-110 011
REPRESETNED BY DIRECTOR
4. STATE OF KARNATAKA
DEPARTMENT OF MEDICAL EDUCATION
VIKAS SOUDHA, BENGALURU-560 001
REPRESENTED BY ITS SECRETARY
5. KARNATAKA EXAMINATIONS AUTHORITY (KEA)
18TH CROSS ROAD, SAMPIGE ROAD
MALLESHWARA-560 012
BY ITS EXECUTIVE DIRECTOR
...RESPONDENTS
(BY SRI. H. SHANTHI BHUSHAN, DSGI FOR R1 & R3;
SRI. N. KHETTY, ADVOCATE FOR R2;
SRI. M.N. SUDEV HEGDE, AGA FOR R4;
SRI. N.K. RAMESH, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT
OF CERTIORARI, QUASHING THAT PART OF THE ELIGIBILITY
CONDITION WHICH PERMITS PARTICIPATION IN THE STRAY
VACANCY ROUND VIDE THE 2ND BULLET POINT IN THE NOTICE
DATED 12.02.2025 IN No.REF.U-1202/04/2024-MEC, (ANN-C)
INSOFAR AS IT STATES IN BULLET POINT 2 THAT "HOWEVER,
'NOT REPORTED' CANDIDATES OF ROUND-3 OF MCC
COUNSELLING CAN PARTICIPATE IN THE STATE PG
COUNSELLING AND ETC.
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WP No. 4723 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, 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)
This writ petition is filed seeking the following reliefs:
a) Issue a Writ of Certiorari, quashing that part of the
eligibility condition which permits participation in the
Stray Vacancy Round vide the 2nd Bullet Point in the
Notice dated 12.02.2025 in No.Ref.U-1202/04/2024-
MEC,(Ann-C) insofar as it states in Bullet Point 2 that
"However,'Not Reported' Candidates of Round 3 of MCC
Counseling can participate in the State PG Counseling",
and
b) Issue a writ of mandamus, directing the 5th respondent
to not include the candidates in the ensuing State Stray
Vacancy Round who were allotted seats in the Round 3 of
the All India Quota Counselling;
c) Such other writs or orders as this Hon'ble Court deems
fit in the circumstances of the case.
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2. Heard Smt. Akkamahadevi Hiremath, learned
counsel for the petitioners as well as Sri. H. Shanthi
Bhushan, learned DSGI appearing for respondents No.1
and 3, Sri. M N Sudev Hegde, learned AGA for respondent
No.4 and Sri. N K Ramesh, learned counsel for KEA-
respondent No.5.
3. It is submitted by the learned counsel for the
petitioners that Annexure - A judgment of this Court in
W.P.No.2848/2025 specifically directed the cancellation of
PG-Medical seats wrongly allotted in violation of the
provisions of the Brochure in the mop-up round of KEA
counseling. However, the MCC has further issued
Annexure-C notice dated 12.02.2025 permitting persons,
who did not report for round-3 of MCC counseling also to
participate in the State-PG counseling in the stray vacancy
round. Clauses 2 and 3 of Annexure-C notice dated
12.02.2025 read as follows:-
"Candidates who did not join their seats allotted through
MCC in Round-3 are 'Not Eligible' to participate in Stray
Vacancy Round of PG Counselling 2024 of MCC. However,
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'Not Reported' candidates of Round-3 of MCC counselling
can participate in state PG counselling.
Candidates who have joined State quota seats through
earlier Rounds are not eligible to participate in Stray
Vacancy Round of PG Counselling 2024 of MCC."
The learned counsel for the petitioners contends that
persons who are found ineligible by this Court in
Annexure-A judgment would also be permitted to
participate in the light of Annexure-C notice.
4. Learned DSGI appearing for respondents No.1
and 3 however contends that the words "not reported" are
specifically intended to mean candidates, who did not
report or participate in the third round of MCC counseling
and that it does not mean that those persons who had
participated in the third round of MCC counseling but had
not joined the allotted colleges would be permitted to
participate in the KEA counseling in the stray vacancy
round.
5. It is submitted that this aspect of the matter is
specifically clarified by a further notice dated 14.02.2025
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which is also duly web hosted. It is submitted that the said
notice dated 14.02.2025 specifically clarifies that
candidates who did not join the seats allotted to them in
MCC Round-3 are not eligible to participate in the stray
vacancy round of PG-Counseling 2024. However, not
reported candidates of Round-3 MCC counseling can
participate in the State-PG Counseling. It is stated that the
clarificatory notice dated 14.02.2025 specifically makes it
clear that persons who had participated in the MCC third
round of counseling and were allotted seats but did not
join the allotted seats will not be eligible to participate in
the counseling. However, candidates who did not report or
participate in the 3rd round of MCC counseling can
participate in KEA stray vacancy round. It is submitted
that this is in consonance with the directions issued by this
Court in Annexure-A, judgment.
6. The said submission is recorded.
7. It is made clear that the eligibility for the stray
vacancy round of counseling to be conducted by the KEA
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will be strictly in accordance with Annexure-A judgment as
well as the notice of the MCC dated 14.02.2025.
Accordingly, the writ petition stands disposed of.
8. Registry shall take appropriate steps to see that
this order is uploaded today itself and the copy will be
made available to all the concerned. The KEA as well as
the MCC shall also take the appropriate steps to see that
the order is web hosted.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
RAK
