Karnataka High Court
Dr Sateesh T vs The State Of Karnataka on 27 February, 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 31842 OF 2024 (EDN-RES)
C/W.
WRIT PETITION NO. 3717 OF 2025 (EDN-RES)
IN WP NO. 31842 OF 2024:
BETWEEN:
1. DR. SATEESH T.
S/O T.D. THIMMAPPA
AGED 42 YEARS
R/AT. SRI LAKSHMI VENKATESHWARANILYAYA
DASAPPA GARDEN, MARUTHINAGAR
TUMAKURU-572 102
WORKING AT PRIMARY HEALTH CENTER (P.H.C)
MADALURU, SIRA TALUK
TUMAKURU (D)-572 137
2. DR. RACHANA
D/O PAMPAYYASWAMI
AGED ABOUT 34 YEARS
R/AT. PRATHAMA SHETTY STREET
NEAR JAIN MANDIR, HUBLI-580 028
WORKING AS GENERAL DUTY MEDICAL OFFICER
PRIMARY HEALTH CENTER, BANNIKOPPA
KUKANOOR(T), KOPPAL(D)-583 238
...PETITIONERS
(BY SRI. KARTHIK C., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
-
2
DEPARTMENT OF HEALTH AND FAMILY WELFARE
(MEDICAL EDUCATION) VIKASA SOUDHA
BENGALURU- 560 001
2. THE DIRECTORATE OF MEDICAL EDUCATION
REP BY ITS DIRECTOR
HAVING OFFICE AT
ANANDARAO CIRCLE
BENGALURU-560 009
3. COMMISSIONERATE OF HEALTH AND
FAMILY WELFARE SERVICES
GOVERNMENT OF KARNATAKA
REP. BY ITS COMMISSIONER
HAVING OFFICE AT AROGYA SOUDHA
MAGADI ROAD, BENGALURU-560 023
4. KARNATAKA EXAMINATIONS AUTHORITY
REP. BY ITS EXECUTIVE DIRECTOR
HAVING OFFICE AT: 18TH CROSS
SAMPIGE ROAD, MALLESHWARAM
BENGALURU-560 012
5. THE EXECUTIVE DIRECTOR
NATIONAL BOARD OF EXAMINATION
IN MEDICAL SCIENCES
MEDICAL ENCLAVE ANSARI NAGAR
MAHATMA GANDHI MARG RING ROAD
NEW DELHI-110 029
...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 TO R3;
SRI. N.K. RAMESH, ADVOCATE FOR R4;
SRI. H. SHANTHI BHUSHAN, DSGI FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a). ISSUE
WRIT OR ORDER IN THE NATURE OF MANDAMUS OR SUCH
OTHER ORDER THIS HON'BLE COURT MAY DEEM FIT TO
CONSIDER THE REPRESENTATION DATED 25.11.2024 MADE TO
5TH RESPONDENT PRODUCED AT ANNEXURE-E AND ETC.
-
3
IN WP NO.3717 OF 2025:
BETWEEN:
DR. RAVINDRANATHA S.H.
S/O MR. HOOVANAIK
AGED 43 YEARS
RESIDING AT No.71
AMBA KRIPA GUDLUCK CIRCLE
GADIKOPPA, SHIMOGA-577 204
WORKING AT
PRIMARY HEALTH CENTER (P.H.C)
M. LINGADAHALLI
SAGAR TALUK
SHIMOGA DISTRICT-577 401
...PETITIONER
(BY SRI. SUNIL RAO, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
(MEDICAL EDUCATION)
VIKASA SOUDHA, BENGALURU-560 001
2. THE DIRECTORATE OF MEDICAL EDUCATION
REP. BY ITS DIRECTOR
HAVING OFFICE AT: ANANDA CIRCLE
BENGALURU-560 009
3. COMMISSIONERATE OF HEALTH AND
FAMILY WELFARE SERVICES
GOVERNMENT OF KARNATAKA
REP. BY ITS COMMISSIONER
HAVING OFFICE AT: AROGYA SOUDHA
MAGADI ROAD, BENGALURU-560 023
4. KARNATAKA EXAMINATION AUTHORITY
REP. BY ITS EXECUTIVE DIRECTOR
HAVING OFFICE AT: 18TH CROSS
SAMPIGE ROAD, MALLESHWARAM
BENGALURU-560 012
-
4
5. NATIONAL MEDICAL COMMISSION
POCKET 14, SECTOR 8, DWARKA PHASE
NEW DELHI-110 077
REPRESENTED BY ITS SECRETARY
6. DR. RAVIL NEMATH K.M.
S/O NEMATH K.M.
AGED ABOUT 34 YEARS
WORKING AS GDMO AT K.R. PURAM
BENGALURU
R/O.No.031, 3RD FLOOR
GOLD OPUS APARTMENTS
MILLERS ROAD EXTENSION
MILLERS ROAD, BENGALURU-560 046
7. DR. TARAKESHWARI R.
D/O RAMAKRISHNA B.S.
AGED ABOUT 35 YEARS
WORKING AS GENERAL DUTY
MEDICAL OFFICER (GDMO)
PRIMARY HEALTH CENTRE
JIGANEHALLI, KADUR TALUK
CHIKMAGALUR DISTRET
R/O. SHIVAKRUPA, 30 FEET ROAD
PRABHAKAR LAYOUT
CHINTAMANI-563 125
8. DR. MAHADEVASWAMY C.M.
S/O MALLANNA
AGED ABOUT 30 YEARS
WORKING AS GENERAL DUTY
MEDICAL OFFICER (GDMO)
T. NARASIPURA TALUK
MYSURU-571 124
R/O. CHAMANAHALLIHUNDI
HAMPAPAURA HOBLI
HD KOTE TALUK, MYSURU-571 125
9. DR. PAVAN
AGE MAJOR
CHIKKAJAVAREGOWDA
PRIMARY HEALTH CENTRE
MEENYAM, HANUR TQ
-
5
CHAMARAJANAGARA DIST-571 313
PG APPLICATION NUMBER-PG24062410
RANK-32648
10 . DR. MANJUNATHA P.S.
AGE: MAJOR
PRIMARY HEALTH CENTRE
THIMMANNANAYAKANA KOTE
CHALLAKERE TQ
CHITRADURGA DIST-577 522
PG APPLICATION NUMBER-PG24049339
RANK-47906
11 . DR. SIDDANNA
AGE MAJOR
PRIMARY HEALTH CENTRE
RODALABANDA, LINGASAGUR TQ
RAICHUR DIST-584 122
PG APPLICATION NUMBER-PG24136071
RANK-48979
12 . DR. SACHIN P.
AGE MAJOR
PRIMARY HEALTH CENTRE
SATENAHALLI
CHANNARAYAPATNA TQ
HASSAN DIST-573 116
PG APPLICATION NUMBER-PG24132654
RANK-49088
13 . DR. VIJETH
AGE MAJOR
PRIMARY HEALTH CENTRE
KANASAWADI, DODDABALLAPURA TQ
BENGALURU RURAL DIST-561 203
PG APPLICATION NUMBER-PG24085242
RANK-49849
14 . DR. RAGHAVENDRA PRASAD V.P.
AGE MAJOR
PRIMARY HEALTH CENTRE
BILIGERE, TIPATUR TQ
TUMKUR DIST-572 201
-
6
PG APPLICATION NUMBER-PG24048365
RANK-50006
15 . DR. SAIYADBASHA M.
VADAGUANKAR
AGE MAJOR
PRIMARY HEALTH CENTRE
GHOTE, JAMAKHANDI TQ
BAGALKOTE DIST-587 301
PG APPLICATION NUMBER-PG24052505
RANK-53532
16 . DR. SUSHANT M.
AGE MAJOR
COMMUNITY HEALTH CENTRE
KAVITHALA, SIRAVARA TQ
RAICHURU DIST-584 129
PG APPLICATION NUMBER-PG24001271
RANK-55619
17 . DR. UDAYKUMAR N.R.
AGE MAJOR
PRIMARY HEALTH CENTRE
SUNAKALLABIDARI
RANEBENNUR TQ
HAVERI DIST-581 115
PG APPLICATION NUMBER-PG24075611
RANK-55964
18 . DR. VISHWANATH PATIL
AGE MAJOR
PRIMARY HEALTH CENTRE
SHIRAGODA, HANAGAL TQ
HAVERI DIST-581 104
PG APPLICATION NUMBER-PG24046852
RANK-56155
19 . DR. ERESHA M.
AGE MAJOR
PRIMARY HEALTH CENTRE, GILLESGUR
RAICHUR TQ AND DIST-584 101
PG APPLICATION NUMBER-PG24230597
RANK-59369
-
7
20 . DR. SONALI SOODA
AGE MAJOR
PRIMARY HEALTH CENTRE
KONARA, BHATKALA TQ
UTTARAKANNADA DIST-581 320
PG APPLICATION NUMBER-PG24026148
RANK-62186
21 . DR. SYED ZUBAIR
AGE MAJOR
PRIMARY HEALTH CENTRE
AINAPUR, CHINCHOLI TQ
KALABURAGI DIST-585 307
PG APPLICATION NUMBER-PG24118141
RANK-63543
22 . DR. MANJUNATHA A.G.
AGE MAJOR
PRIMARY HEALTH CENTRE
MALAVALLI, SHIKARIPURA TQ
SHIVMOGGA-577 427
PG APPLICATION NUMBER-PG24024535
RANK-69389
23 . DR. RAGHAVENDRA
AGE MAJOR
PRASAD N.
PRIMARY HEALTH CENTRE
RAJENDRA HALLI, MULABAGILU TALUK
KOLAR DIST-563 131
PG APPLICATION NUMBER-PG24052893
RANK-75093
24 . DR. SUNIL RATHOD
AGE MAJOR
PRIMARY HEALTH CENTRE
KULAGERI CROSS, BADAMI TQ
BAGALKOTE DIST-587 201
PG APPLICATION NUMBER-PG24042627
RANK-76358
25 . DR. SHALAM PASHA
AGE MAJOR
-
8
PRIMARY HEALTH CENTRE
KALMALA, RAICHUR TO AND DIST-584 136
PG APPLICATION NUMBER-PG24075374
RANK-78465
26 . DR. SHARMILA H.C.
AGE MAJOR
PRIMARY HEALTH CENTRE
SANKIGATTA, MAGADI TQ
RAMANAGARA DIST-562 120
PG APPLICATION NUMBER-PG24161084
RANK-84669
27 . DR. GURUBASAPPA CHANABASAPPA KADROLLI
AGE MAJOR
PRIMARY HEALTH CENTRE
YADAWADA, MUDALAGI TQ
BELAGAVI DIST-591 312
PG APPLICATION NUMBER-PG24229800
RANK-84920
28 . DR. SURESH WADEYAR
AGE MAJOR
PRIMARY HEALTH CENTRE
IDKAL, RAYBHAG TALUK
BELAGAM DISTRICT-591 317
PG APPLICATION NUMBER-PG24043884
RANK-85228
29 . DR. BHARATH S.N.
PRIMARY HEALTH CENTRE
SHIRAVANTE, SAGAR TQ
SHIVMOGGA-577 401
PG APPLICATION NUMBER-PG24081010
RANK-85723
30 . DR. SRIDEVI M.M.
AGE MAJOR
PRIMARY HEALTH CENTRE
THYAGARATHI, SAGARA TQ
SHIVMOGGA-577 401
PG APPLICATION NUMBER-PG24019061
RANK-87436
-
9
31 . DR. ANUPAMA T.P.
AGE MAJOR
PRIMARY HEALTH CENTRE
BELAGALAPETA, HANAGAL TQ
HAVERI DIST-562 106
PG APPLICATION NUMBER-PG24123799
RANK-87761
32 . DR. SACHIN PATNE
AGE MAJOR
PRIMARY HEALTH CENTRE
CHINTAKI, AURAD TQ
BIDAR DIST-585 326
PG APPLICATION NUMBER-PG24120850
RANK-88197
33 . DR. PRAMOD SIDDALINGAPPA SINDAGI
AGE MAJOR
PRIMARY HEALTH CENTRE
THALLUR, SAVADATHI TQ
BELAGAVI DIST-591 126
PG APPLICATION NUMBER-PG24175014
RANK-88620
34 . DR. LAKSHMIKANTH S.R.
AGE MAJOR
PRIMARY HEALTH CENTRE
SAANEHALLI, HOSADURGA TQ
CHITRADURGA DIST-577 527
PG APPLICATION NUMBER-PG24168943
RANK-88652
35 . DR. ANIL C.P.
AGE MAJOR
PRIMARY HEALTH CENTRE
BASAVAPATTANA, ARAKALAGUDU TQ
HASSAN DIST-573 201
PG APPLICATION NUMBER-PG24055039
RANK-91421
36 . DR. KAVYASHREE
AGE MAJOR
PRIMARY HEALTH CENTRE
-
10
SHIRAVALA, SAHAPURA TQ
YADGIRI DIST-585 223
PG APPLICATION NUMBER-PG24198044
RANK-91422
37 . DR. VIKAS S BERATIKERE
AGE MAJOR
PRIMARY HEALTH CENTRE
KARAKUCHI, TARIKERE TQ
CHIKKAMAGALUR DIST-577 228
PG APPLICATION NUMBER-PG24045545
RANK-93812
38 . DR. NARASA REDDY
PRIMARY HEALTH CENTRE
YAKKUNDI, SAVADATHI TQ
BELAGAVI DIST-591 126
PG APPLICATION NUMBER-PG24063921
RANK-94642
39 . DR. SHARATH A.
AGE MAJOR
PRIMARY HEALTH CENTRE
SHIVAPURA, HOLALKERE TQ
CHITRADURGA DIST-577 526
PG APPLICATION NUMBER-PG24192790
RANK-96277
40 . DR. YOGESH KAMBALE B.
AGE MAJOR
PRIMARY HEALTH CENTRE
KERURA, CHIKKODI TQ
BELAGAVI DIST-591 201
PG APPLICATION NUMBER-PG24009085
RANK-98006
41 . DR. ARUNKUMAR C MALLAKKANAVAR
AGE MAJOR
PRIMARY HEALTH CENTRE
HAKKANDI, HADAGLI TALUK
VIJAYANAGARA DIST-586 127
PG APPLICATION NUMBER-PG24005395
RANK-98462
-
11
42 . DR. UMESH J.
AGE MAJOR
PRIMARY HEALTH CENTRE
ULAGA, KARAWARA TQ
UTTARAKANNADA DIST-581 301
PG APPLICATION NUMBER-PG24116652
RANK-99267
43 . DR. PRIYA S.
AGE MAJOR
PRIMARY HEALTH CENTRE
PG PALYA, HANUR TQ
CHAMARAJANAGAR DIST-571 439
PG APPLICATION NUMBER-PG24064287
RANK-99341
44 . DR. SACHIN H GOWDA
AGE MAJOR
PRIMARY HEALTH CENTRE
KOPPA, MADDUR TQ
MANDYA DIST-571 428
PG APPLICATION NUMBER-PG24041486
RANK-100055
45 . DR. PARASHURAMA R.
AGE MAJOR
PRIMARY HEALTH CENTRE
BAGAUR, HOSADURGA TQ
CHITRADURGA DIST-577 527
PG APPLICATION NUMBER-PG24084307
RANK-101184
46 . DR. RENUKADEVI C.
PRIMARY HEALTH CENTRE
MANDEVALA, JEVARGI TQ
KALABURAGI DIST-585 310
PG APPLICATION NUMBER-PG24210215
RANK-101572
47 . DR. AMARESHA NAGARAL
AGE MAJOR
PRIMARY HEALTH CENTRE
SANGANALA, YELABURGA TQ
-
12
KOPPAL DIST-583 236
PG APPLICATION NUMBER-PG24053699
RANK-102582
48 . DR. MEGHANA V.
AGE MAJOR
PRIMARY HEALTH CENTRE
MUDUVAADI, KOLAR TALUK
KOLAR DISTRICT-517 247
PG APPLICATION NUMBER-PG24066796
RANK-103083
49 . DR. LATA DEVENDRAPPA ANNIGERI
AGE MAJOR
PRIMARY HEALTH CENTRE
CHIKKOUNSHI-HOSUR, HANGAL TQ
HAVERI DIST-581 104
PG APPLICATION NUMBER-PG24206653
RANK-103558
50 . DR. MORE LAKSHMIKANTHA KASHINATH
AGE MAJOR
PRIMARY HEALTH CENTRE
NANDARAGI, INDI TQ
VIJAYAPURA DIST-586 209
PG APPLICATION NUMBER-PG24061091
RANK-104010
51 . DR. BHARATH KUMAR
AGE MAJOR
PRIMARY HEALTH CENTRE
KATIPALLA, MANGALURU TQ
DAKSHINA KANNADA DIST-575 001
PG APPLICATION NUMBER-PG24206669
RANK-104604
52 . DR. VARSHA PATIL R.
AGE MAJOR
PRIMARY HEALTH CENTRE
BELAHARA, NAVALAGUNDA TQ
DHARAWAD DIST-582 208
PG APPLICATION NUMBER-PG24061264
RANK-105850
-
13
53 . DR. SUNIL KUMAR R.D.
AGE MAJOR
PRIMARY HEALTH CENTRE
AGALAYA, K.R. PETE TQ
MANDYA DIST-571 426
PG APPLICATION NUMBER-PG24006514
RANK-106021
54 . DR. AMBIKA K.R.
AGE MAJOR
PRIMARY HEALTH CENTRE A
CHOLENAHALLI, KASABA HOBALI
CHANNARAYAPATTANA TQ
HASSAN DIST-573 116
PG APPLICATION NUMBER-PG24138245
RANK-107156
55 . DR. SHIVANANDA S HADAKAR
AGE MAJOR
PRIMARY HEALTH CENTRE
SHANKARAHATTI, ATHANI TQ
BELAGAVI DIST-591 304
PG APPLICATION NUMBER-PG24229903
RANK-107388
56 . DR. GIRISH M.V.
AGE MAJOR
PRIMARY HEALTH CENTRE
THAYUR, NANJANAGUDU TQ
MYSURU DIST-571 301
PG APPLICATION NUMBER-PG24047608
RANK-107867
57 . DR. MADHURI M.
AGE MAJOR
PRIMARY HEALTH CENTRE
HARIYABBE, HIRIYUR TQ
CHITRADURGA DIST-577 599
PG APPLICATION NUMBER-PG24079462
RANK-110163
58 . DR. PAVANKUMAR
AGE MAJOR
-
14
PRIMARY HEALTH CENTRE
MUDHOLA, YALABURGA TQ
KOPPALA DIST-583 236
PG APPLICATION NUMBER-PG24039395
RANK-110600
59 . DR. RANJITHA BELEGERE G.R.
AGE MAJOR
PRIMARY HEALTH CENTRE
GUYILALU, HIRIYURU TQ
CHITRADURGA DIST-577 599
PG APPLICATION NUMBER-PG24227289
RANK-115169
60 . DR. POOJA L.M.
AGE MAJOR
PRIMARY HEALTH CENTRE
BHUVANAHALLI, PIRIYAPATTANA TQ
MYSURU DIST-571 107
PG APPLICATION NUMBER-PG24039444
RANK-118042
61 . DR. BANDARI PRIYARANJAN
AGE MAJOR
PRIMARY HEALTH CENTRE
KURKUNTA, SEDUM TQ
KALABURAGI DIST-585 222
PG APPLICATION NUMBER-PG24231549
RANK-119486
62 . DR. HARISH N.
AGE MAJOR
PRIMARY HEALTH CENTRE
PADUGURU, GUNDLUPETE TQ
CHAMARAJANAGARA DIST-571 111
PG APPLICATION NUMBER-PG24199089
RANK-124293
63 . DR. ANIL RATHOD
AGE MAJOR
PRIMARY HEALTH CENTRE
AGARAKHEDA, INDI TQ
VIJYAPURA DIST-586 209
-
15
PG APPLICATION NUMBER-PG24014245
RANK-127851
...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 TO R3;
SRI. N.K. RAMESH, ADVOCATE FOR R4;
SRI. N. KHETTY, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a). ISSUE
WRIT OR ORDER IN THE NATURE OF CERTIORARI OR SUCH
ORDER THIS HON'BLE COURT MAY DEEM FIT TO QUASH
EXECUTIVE ORDER VIDE No.MED 126 RGU 2024 DATED
25.10.2024 MADE BY THE 1ST RESPONDENT PRODUCED AT
ANNEXURE-A.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT ON 24.02.2025 AND COMING ON FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN
J., PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
CAV JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
The prayers in these Writ Petitions are as follows:-
In W.P.No.31842/2024:
a. Issue writ or order in the nature of Mandamus or such
order this Hon'ble Court may deem fit to consider the
representation dated 25/11/2024 made to 5th
Respondent produced at Annexure E.
b. Issue writ or order in the nature of Mandamus or such
order this Hon'ble Court may deem fit to consider the
representation dated 25/11/2024 made to 1st 2nd 3rd and
-
4th Respondents produced at Annexure A, B, C and D
respectively and direct the 1st, 2nd, 3rd and 4th
respondents to conduct the process of counseling in
respect of In-Service candidates after revised cutoff
percentile to enable the Petitioner herein to participate in
the said process.
c. Issue writ or order in the nature of certiorari or such
order this Hon'ble Court may deem fit to quash Executive
Order vide No.MED 126 RGU 2024 dated 25/10/2024
made by the 1st Respondent produced at Annexure F.
d. Issue writ or order in the nature of certiorari or such
order this Hon'ble Court may deem fit to quash the Seat
Matrix dated: 19/11/2024 issued by 2nd respondent
produced at Annexure-G.
e. To direct the 2nd respondent to prepare the seat matrix
depicting internal quota to In-service Candidates
belonging to Health and family Welfare Department
(HFW).
f. Grant such other relief as this Hon'ble Court deems fit
under the circumstances of the case in the interest of
justice and equity.
g. Issue writ or order in the nature of certiorari or such
order quashing the PG NEET 1st Round Final SEAT
Allotment list dated 17/12/2024 and all proceedings
pursuant thereto as per Annexure 2 produced at
th
Annexure N issued by 4 Respondent in respect of the in-
service Candidates arrayed as Respondent No.9 to 63.
h. Consequently, direct the Respondents no.1 to 4 to
conduct the Re-Counseling of 58 Post Graduate Seats
-
only to the qualified and eligible candidates considering
the cut-off date of 31st March as prescribed under the
existing Rules, i.e., the Karnataka Conduct of Entrance
Test for Selection and Admission to Post Graduate Medical
and Dental Degree and Diploma Courses Rules.
In W.P.No.3717/2025:
a. "Issue writ or order in the nature of certiorari or such
order this Hon'ble Court may deem fit to quash
Executive Order vide No.MED 126 RGU 2024 dated
25.10.2024 made by the 1st respondent produced at
Annexure-A.
b. Issue writ or order in the nature of certiorari or such
order this Hon'ble Court may deem fit to quash PG
NEET 1st Round Final Seat Allotment list dated
th
17.12.2024 made by the 4 respondent produced at
Annexure-B.
c. Direct the 1st, 2nd, 3rd and 4th respondents to conduct
the process of counseling in respect of eligible in-
service candidates as per Karnataka Conduct of
Entrance Test for Selection and Admission to Post
Graduate Medical and Dental Degree and Diploma
Courses Rules pursuant to revised cutoff percentile
dated 04.01.2025 so as to enable the petitioner herein
to participate in the said process."
2. We have heard the learned counsel appearing for
the petitioners as well as Shri. H. Shanthi Bhushan, learned
DSGI appearing for the National Board of Examination in
-
Medical Sciences, Shri. M.N. Sudev Hegde, learned
Additional Government Advocate appearing for respondents
No.1 to 3/State, Directorate of Medical Education and
Commissionerate of Health and Family Welfare Services,
Shri. N.K. Ramesh, learned counsel appearing for the KEA
and Shri N. Khetty, learned standing counsel appearing for
NMC.
3. The first of the captioned writ petition was filed
on 27.11.2024 with only the official respondents on the
party array. The Writ Petition was later amended on
07.01.2025, impleading three persons, who were alleged to
be the allottees in the second round of NEET PG counselling
as parties. The second Writ Petition is filed on 07.02.2025
arraying private respondents, who are alleged to be the
persons likely to be affected by cancellation of the seat
allotment as sought for.
4. A challenge is sought to be raised to the
Executive Order dated 25.10.2024 on the ground that it is
against the provisions of the rules. The learned counsel for
the petitioners contends that the eligibility for participation
-
in the Medical PG Admission procedure as in-service
candidates is provided under the Karnataka Conduct of
Entrance Test for admission to Post-Graduate Medical
Degree and Diploma Courses Rules, 2006. It is submitted
that Rule 3 and Rule 10, specifically provide for completion
of three years of regular service after successful completion
of probation as on the 31st of March in which the entrance
test is held. It is contended that by the Executive Order
which is under challenge, the date of eligibility has been
extended to 31.07.2024 and it has further been provided
that the requisite service of three years could be inclusive of
the period of probation. It is submitted that the change
brought about in the eligibility criteria by an Executive Order
which is directly against the rules is per se impermissible.
5. It is specifically contended that the admission
brochure itself provides that in-service candidates have to
fulfill the conditions stipulated under Rule 10 of the
Karnataka Conduct of Entrance Test for Selection and
Admission to Post Graduate Medical and Dental Degree and
Diploma Courses Rules, 2006, as amended from time to
-
time. It was further provided at clause 8(e) that the Head
of the Departments should forward the applications of only
such candidates who fulfill all the criteria mentioned in the
application form. It is therefore contended that the
Executive Order passed on 25.10.2024 amounts to changing
the rules of the selection after the selection is under way,
which is specifically prohibited by law.
6. The learned counsel has placed reliance on
several decisions to contend that statutory rules cannot be
amended by Executive Orders. It is further contended that
the NMC Regulations specifically provide for reduction of the
eligibility criteria if required and therefore, the
decategorization of the in-service seats before the criteria
was lowered was per se illegal. The learned counsel would
place reliance on the judgment of the Co-ordinate Bench of
this Court in W.P.No.19089/2023.
7. The learned counsel appearing for the
respondents on the other hand contended that it was on
account of the fact that there were no eligible candidates
available for filling up the in-service quota seats that the
-
seats had to be decategorised so that the persons, who are
meritorious would get a chance to opt for the said seat as
well. Our attention is drawn to clause 8(i) of the admission
brochure published by the KEA on 07.07.2024. It is
contended that it was specifically notified that seats
reserved for in-service candidates, which remain unfilled for
want of eligible candidates or otherwise shall be added to
the non-in service quota as per the Government/DME
instructions. It is submitted that there were 353 seats in
the in-service quota but only much fewer applications from
the eligible candidates. It is submitted that since there was
no chance that the available seats would be filled up with
eligible candidates from the quota, the decategorization, as
specifically provided in the admission brochure, was carried
out after the first round of counselling itself since several
seats remained vacant. It is submitted that the cancelled
seats were made available to general candidates in the
second round of counselling itself and that the petitioners
who had become eligible only after the reduction of the
percentile which occurred after the second round of
-
counselling was over, can have no right to contend that they
should be permitted to participate as in-service candidates
after the seats have been decategorized.
8. With regard to the changes brought to the
eligibility criteria, it is contended that the impugned order
itself specifically narrates the reasons for the said change.
It is submitted that a batch of writ petitions had been filed
by in-service candidates before this Court contending that in
view of the postponement of NEET PG Entrance Test to
11.08.2024 and fixing the cut off date for eligibility as
15.08.2024, the date for eligibility in respect of in-service
candidates should also be extended till 31.07.2024. The
State was directed to workout a solution after discussing
with all stakeholders including the petitioners. A memo was
filed on 15.11.2024 before this Court by the State providing
inter alia that candidates who fulfil the criteria of one year
of regular service and successful completion of probation,
thus, totally having a minimum service of three years as on
31.07.2024 shall have second option to select seats which
remain after selection of seats by candidates who have
-
qualified as on 31.03.2024. This proposal was acceptable to
the petitioners and the writ petition was closed recording the
same. It is submitted that 315 seats were reserved as in-
service quota in the year 2023-2024. However, 132 doctors
were eligible as per the NEET Examination PGET Rules and
125 Doctors got admission and the remaining 190 seats had
to be transferred to the non-in service category. It is stated
that it was to see that more eligible in-service candidates
would have an opportunity to participate in the first rounds
of selection that the criteria was changed. The efforts were
only to see that the in-service quota seats would be filled
up. The said criteria were therefore included in the selection
procedure to see that eligible candidates would get
admission in the in-service quota. It is submitted that it is
on the basis of the revised criteria as per the Executive
Order that the first and second rounds of counselling had
been held. The petitioners, who were not eligible at the
relevant time and who became eligible only long thereafter,
on the reduction of the percentile by the MCC can have no
claim against persons, who had participated in the
-
counselling on the basis of the revised criteria and had also
been admitted to the seats opted for by them.
9. The learned counsel also placed reliance on the
judgment of the Co-ordinate Bench of this Court in
W.P.No.6735/2022 (Edn-Res), where an identical issue has
been considered. It is contended that the said judgment
stands affirmed by the Apex Court by dismissal of SLP
No.7296/2022 on 25.04.2022. This Court has clearly held
that where the decategorization was provided by the E-
Information Bulletin issued in the month of December 2021
and where all remaining vacant seats of in-service
candidates had already been filled up, no relief can be
granted to the writ petitioners since the decategorized seats
already stand filled up. It is contended that the judgment
relied on by the writ petitioners, that is, the judgment in
W.P.No.19089/2023 was rendered only in view of detailed
interim order which was passed on 30.08.2023, directing the
respondents not to decategorize the seats allotted under in-
service quota till a decision has taken with regard to
lowering of the cut off marks, if any. It is contended that in
-
the present case, the writ petitions are filed by persons, who
got the eligibility only much later and therefore the
contentions cannot be considered.
10. The learned counsel appearing for the KEA
submits that the brochure itself had made it abundantly
clear that if any seats reserved for in-service candidates
remained unfilled for want of eligible candidates they would
be added to the non-in service quota seats.
11. Having considered the contentions advanced, we
notice that the writ petitioners are persons, who have
acquired eligibility to participate in the selection process only
by lowering of the eligibility criteria which was notified for
the first time by the MCC on 06.01.2025. It is an admitted
fact that the in-service quota seats which remain vacant for
want of eligible candidates in terms of the brochure stood
decategorized in the second round of counselling itself, that
is, even before the petitioners became eligible to participate
in the selection. Therefore, at the time when the petitioners
became eligible to participate in the selection there is no
-
longer a category of seats reserved for in-service
candidates. The petitioners are free to participate in the
remaining rounds of counselling as general candidates. As
general candidates, they have no right to contend that other
persons should not have been permitted to participate in the
selection for the in-service quota seats. The eligibility of the
petitioners having occurred only much later, we are of the
clear view that the petitioners do not have the locus standi
to contend that the criteria for selection of in-service
candidates was illegal. We notice that three rounds of
counselling have already taken place and the undoing of the
counselling at this stage that too at the instance of
candidates who acquired the eligibility to participate in the
selection only in January 2025 would amount to grave
injustice to those candidates who have already participated
in the selection process. This is more so, in view of the fact
that there was an earlier Writ Petition, where the eligible in-
service candidates had agreed to change in the eligibility
criteria as provided in the Executive Order that is under
challenge in these writ petitions.
-
12. In the above factual situation, we are of the
opinion that the prayers raised in these Writ Petitions cannot
be granted in the light of what has been stated above. Writ
Petitions therefore fail and the same are accordingly
dismissed.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
cp*
