Karnataka High Court
Dr Aravindkumar vs 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. 1609 OF 2025 (EDN-RES)
C/W.
WRIT PETITION NO. 35818 OF 2024 (EDN-RES),
WRIT PETITION NO. 401 OF 2025 (EDN-RES),
WRIT PETITION NO. 1064 OF 2025 (EDN-RES),
IN WP NO 1609 OF 2025:
BETWEEN:
1. DR. ARAVINDKUMAR
S/O VISHWANATH
AGED ABOUT 31 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER
PHC, AMINGAD, TQ: HUNGUND
BAGALKOTE-587 112
RESIDING AT BEHIND KPTCL
MATHOSHREE NIVAS
AMINGAD, TQ HUNGUND
BAGALKOTE-587 112
2. DR. MANJUNATH M.N.
S/O NAGAPPA
AGED ABOUT 38 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER
PHC YELLODU, GUDIBANDE TALUK
CHIKKABALLAPUR-561 209
RESIDING AT DREAM CITY LAYOUT
B.B. ROAD
OPPOSITE TO INDIAN PETROL BUNK
CHIKKABALLAPUR -562 101
3. DR. KRUPESH V.
S/O VIJAYKUMAR L.
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2
AGED ABOUT 32 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER
PHC, BETTADATUNGA
PERIYAPATNA TALUK
MYSURU-571 102
RESIDING AT: 144, LOKANAYAKANAGAR
MYSURU-571 102
4. DR. PRAVEEN BOYCUT
S/O NARAYANA REDDY
AGED ABOUT 30 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER
PHC NAVALAGI, JAMAKHANDI TALUK
BAGALAKOTE DISTRICT-587 311
RESIDING AT: No.6, VENKATESHWARA NILAYA
6TH CROSS, RAMESHWAR COLONY
JAMAKHANDI TALUK
BAGALKOTE-587 301
5. DR. ANILKUMAR BADNUR
S/O RAMACHANDRA BADNUR
AGED ABOUT 31 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER
PHC KUNDARAGI, TALUK BILAGI
BAGALKOT-587 116
RESIDING AT: POST- KAJJIDONI
BAGALKOTE TQ
BAGALKOTE-587 204
6. DR. ANIL KUCHANUR
S/O DUNDAPPA KUCHANUR
AGED ABOUT 31 YEARS
WORKING AS GENERAL DUTY MEDICAL OFFICER
PHC, GALAGALI, BILGI TALUK
BAGALKOTE-587 117
RESIDING AT: HOSUR
NEAR NANDI SUGAR FACTORY
BABALESHWAR TALUK
BIJAPUR-586 113
...PETITIONERS
(BY SMT. HIREMATH AKKAMAHADEVI, ADVOCATE)
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3
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKAS SOUDHA, BENGALURU-560 001
2. NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY
POCKET 14, SECTOR I, DWARAKA PHASE
NEW DELHI-110 077
3. THE DIRECTORATE OF MEDICAL EDUCATION
REPRESENTED BY ITS DIRECTOR
BMC AND RI (OLD BUILDING)
1ST FLOOR, FORT, K.R. ROAD
BENGALURU-560 002
4. KARNATAKA EXAMINATION AUTHORITY
REPRESENTED BY ITS EXECUTIVE DIRECTOR
OFF/AT 18TH CROSS, SAMPIGE ROAD
MALLESWARAM, BENGALURU-560 012
5. THE COMMISSIONER
DEPARTMENT OF HEALTH AND FAMILY WELFARE
AROGYA SOUDHA, MAGADI ROAD
BENGALURU-560 027
...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1, R3 & R5;
SRI. N. KHETTY, ADVOCATE FOR R2;
SRI. N.K. RAMESH, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT IN THE
NATURE OF MANDAMUS AND DIRECT THE RESPONDENT Nos.2
AND 3 TO RETAIN THE REMAINING GOVERNMENT SEATS IN
GOVERNMENT COLLEGES AND THE GOVERNMENT QUOTA SEATS
IN THE PRIVATE COLLEGES AS NOTIFIED IN THE SEAT MATRIX
FOR THE MOP UP ROUND AND TREAT THEM AS INSERVICE
QUOTA SEATS AND RESERVE THEM FOR THE INSERVICE
CANDIDATES AND ETC.
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4
IN WP NO.35818 OF 2024:
BETWEEN:
1. DR. SHARATH S.
S/O SHIVA KUMAR H.B.
AGED ABOUT 31 YEARS
R/AT No.393, 17TH CROSS
ARAVINDA NAGAR, MYSURU-570 023
2. DR. CHETHAN B.
S/O BYLANARASAPPA N.
AGED ABOUT 30 YEARS
R/AT NIMBENAHALLI, DODDABELE
NELAMANGALA
BENGALURU RURAL-562 132
3. DR. LAKSHMAN M.M.
S/O MANJUNATHAN M.G.
AGED ABOUT 32 YEARS
R/AT No.1742, 22ND CROSS
ROOPA NAGAR, BOGADI POST
MYSURU-570 028
4. DR. PRASHANTH K.
S/O ERANNA KUNIKERI
AGED ABOUT 33 YEARS
R/AT H.No. 2-910/76/60/68
SEDAM ROAD, NEAR OKALY CAMP
NGO COLONY, M.B. NAGAR
GULBARGA-585 105
5. DR. INDHUDHAR C. GURUPADDEVARMATH
C/O CHANNABASAYYA
AGED ABOUT 31 YEARS
R/AT. 774D, PLOT No.19
HUNASIKATTI ROAD, 2ND CROSS
PAMPANAGAR, B-BLOCK
RANIBENNUR-581 115
6. DR. RAJKIRAN POL
S/O SHANKAR S. POL
AGED ABOUT 36 YEARS
R/AT No.34, BALEKUNDRI
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5
BELGAUM-591 103
7. DR. SHIVAKUMAR KURABET
S/O SHRISHAIL
AGED ABOUT 31 YEARS
R/AT. 118, SASALATTI
JAMAKHANDI
BAGALKOT-587 315
8. DR. APARNA A. BHADRASHETTY
D/O ANNAPPABHADRASHETTY
AGED ABOUT 36 YEARS
R/AT H. No.2-910/65/80
GOURI NILAYA, SEDAM ROAD
DOCTOR'S COLONY
JAYANAGAR EXTN
NEAR VTU REG. OFFICE
GULBARGA-585 105
9. DR. KIRAN KUMAR PATIL
S/O ANILKUMAR PATIL
AGED ABOUT 31 YEARS
R/AT H.No.2-46, OPP. CITY CORPORATION
OPP. HANUMAN TEMPLE MAIN ROAD
GULBARGA-585 105
10 . DR. SUMA KONNUR
W/O NISHANT KONNUR
AGED ABOUT 33 YEARS
H.No.1-885/17
OLD JEWARGI ROAD
VENKATESH NAGAR
GULBARGA-585 102
11 . DR. WAGANAGERI SIDDU SAGAR
S/O WAGANGERI VISWANADH
AGED ABOUT 32 YEARS
R/AT 2-909-47-73-A, OM NAGAR
1ST BLOCK, SEDAM ROAD
KALABURAGI-585 105
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6
12 . DR. AKSHATA HANAMANTGUNDAGI
D/O HANAMANTGUNDAGI
AGED ABOUT 30 YEARS
R/AT WARD No.22, No. 149
VIVEK NAGAR WEST, BIJAPUR HUDCO COLONY
BIJAPUR-586 109
13 . DR. THEJESH A.
S/O ANANTHARAMU
AGED ABOUT 32 YEARS
R/AT No.782, MATADA ROAD
BEGUR POST, SOUTH TALUK,
BOMMANAHALLI, BENGALURU- 560 068
14 . DR. VIJAYKUMAR GOGERI
S/O K.V. GOGERI
AGED ABOUT 31 YEARS
R/AT No.496, KALMESHWAR ONI
HEBBALLI, BAGALKOT-587 201
...PETITIONERS
(BY SRI. SUYOG HERELE E., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKAS SOUDHA, BENGALURU-560 001
2. NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY
POCKET 14, SECTOR 1, DWARAKA PHASE
NEW DELHI-110 077
3. THE DIRECTORATE OF MEDICAL EDUCATION
REPRESENTED BY ITS DIRECTOR
BMC AND RI (OLD BUILDING)
1ST FLOOR, FORT, K.R. ROAD
BENGALURU-560 002
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7
4. KARNATAKA EXAMINATION AUTHORITY
REPRESENTED BY ITS EXECUTIVE DIRECTOR
OFF/AT 18TH CROSS, SAMPIGE ROAD
MALLESHWARAM, BENGALURU-560 012
...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R3;
SRI. N. KHETTY, ADVOCATE FOR R2;
SRI. N.K. RAMESH, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO (i). ISSUE A
WRIT IN THE NATURE OF MANDAMUS AND DIRECT THE
RESPONDENT AUTHORITIES TO RETAIN THE IN-SERVICE QUOTA
SEATS TILL COMPLETION OF ALL INCLUDING MOP-UP ROUNDS
OF COUNSELLING IN RESPECT OF IN-SERVICE CANDIDATES IN
THE NEET-PG 2024 COUNSELLING BY CONSIDERING THE
REPRESENTATIONS MADE BY THE PETITIONERS (PRODUCED AT
ANNEXURE-G) AND ETC.
IN WP NO.401 OF 2025:
BETWEEN:
1. DR. PRASHANT DHUMGOND
S/O SHARANAPPA
AGED ABOUT 36 YEARS
R/AT. SALOTGI
BIJAPUR-586 217
2. DR. BASAVASHREE CHANNASHETTY
S/O JAGANNATH CHANNASHETTY
AGED ABOUT 30 YEARS
R/AT No.9-8-159, BVB COLLEGE ROAD
BEHIND DATTAGIRI SCHOOL
BASAVANAGAR COLONY, BIDAR-585 401
3. DR. SYED IRFANULLA B.N.
S/O NASRULLA SHARIFF
AGED ABOUT 37 YEARS
R/AT. MOSQUE STREET
OPP. MOSQUE, BELUR
HASSAN-573 115
-
8
4. DR. SNEHA H.G.
D/O GANESH H.S.
AGED ABOUT 30 YEARS
R/AT. SHRI RANGANATHA SWAMY NILAYA
SALAGAME ROAD
VISHWESHWARAIAH EXTENSION
HASSAN-573 201
5. DR. IMRAN AMBI
C/O JAHURAHAMAD
AGED ABOUT 35 YEARS
R/AT PLOT No.2061/B
SHRINATH NAGAR
HINDALGA, HUKKERI
BELAGAVI-591 108
6. DR. RATNASHEELA
D/O MALLIKARJUN BOMANALLE
AGED ABOUT 33 YEARS
R/AT No.9622/13, BEHIND SBI BANK
KHUBA COLONY, BASAVAKALYAN
BIDAR-585 327
7. DR. VARUN DEVERHALLY
S/O RAJESH DEVERHALLY
AGED ABOUT 33 YEARS
R/AT H.No.9/953/11
S B TEMPLE ROAD
NEAR LALGERI CRPSS
JANATA LAYOUT, BRAHMPUR
GULBARGA-585 103
8. DR. FARZANA BEGUM
D/O MAHEMOOD KHAN
AGED ABOUT 34 YEARS
R/AT H.No.11-1041/34/3C
M.S.K. MILL ROAD, IQBAL COLONY
NEAR HUSSAIN GARDEN
GULBARGA-585 103
9. DR. SUJEET
S/O S.M. SALUNKE
H.No.80/14, KRISHNA NAGAR
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9
KUSNOOR ROAD
GULBARGA-585 106
10 . DR. JAGADISH M.
S/O H.V. MAHADEVA SHETTY
AGED ABOUT 36 YEARS
R/AT No.150/A, HUDCO COLONY
BHADRAVATI, SHIVAMOGGA-577 301
11 . DR. SAGAR
S/O SHANKAREGOWDA K.N.
AGED ABOUT 34 YEARS
R/AT No.22, KOLADA HATTI BEEDI
PANDAVAPURA TALUK, CHINAKURULI HOBLI
KATTERI, MANDYA-571 427
12 . DR. MANJU H.M.
S/O MARISWAMY
AGED ABOUT 41 YEARS
R/AT No.79, HANAKERE POST
HANAKERE, MANDYA-571 404
13 . DR. SETTIPALLE REDDEPPA
S/O S. VENKATRAMANA
AGED ABOUT 36 YEARS
R/AT No.9-177, ACHARLA VANDLA PALLI
BALAIAH GARI PALLI, KALAKADA
CHITTOOR-517 236
...PETITIONERS
(BY SRI. SUYOG HERELE E., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKAS SOUDHA, BENGALURU-560 001
2. NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY
POCKET 14, SECTOR I, DWARAKA PHASE
NEW DELHI-110 077
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10
3. THE DIRECTORATE OF MEDICAL EDUCATION
REPRESENTED BY ITS DIRECTOR
BMC AND RI (OLD BUILDING)
1ST FLOOR, FORT, K.R. ROAD
BENGALURU-560 002
4. KARNATAKA EXAMINATION AUTHORITY
REPRESENTED BY ITS EXECUTIVE DIRECTOR
OFF/AT 18TH CROSS, SAMPIGE ROAD
MALLESHWARAM, BENGALURU-560 012
...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R3;
SRI. N. KHETTY, ADVOCATE FOR R2;
SRI. N.K. RAMESH, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO (i). ISSUE A
WRIT IN THE NATURE OF CERTIORARI AND QUASH THE
NOTIFICATION DATED 16.12.2024 IN No.ED/KEA/PGY/ERADANE
SUTTU/2024 ISSUED BY RESPONDENT No.4 NOTIFYING THE 2ND
ROUND NEET-PG 2024 COUNSELING SCHEDULE TO ONLY NON-
IN SERVICE CANDIDATES AND COMMUNICATION ISSUED BY THE
RESPONDENT No.3 VIDE LETTER DATED 06.01.2025 IN
No.DME/PGS/19/2024-25, COMMUNICATING THAT DUE TO THE
CONVERSION OF IN SERVICE QUOTA SEATS DURING THE 2ND
ROUND OF NEET-PG 2024 COUNSELLING, IN SERVICE QUOTA
SEATS WOULD NOT BE ALLOCATED DURING THE 3RD ROUND OF
COUNSELLING OF NEET-PG, 2024 (PRODUCED AT ANNEXURE-A
AND A1 RESPECTIVELY) AND ETC.
IN WP NO.1064 OF 2025:
BETWEEN:
1. TIPPU SULTHAN
S/O MHOAMED SAFI ULLA
AGED 35 YEARS
RESIDING AT No.73C, 4TH BLOCK
SRI. KANNIKAPARAMESHWARI TEMPLE ROAD
NAGAMANGALA, MANDYA-571 432
EMAIL: [email protected]
PH:7022222203
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11
2. DR. NAVYA G. APPAJI
D/O GURAPPAJI M.L.
AGED 34 YEARS
RESIDING AT: SIDDARTHANAGARA
2ND CROSS, MALAVALLI TOWN
MANDYA DISTRICT-571 430
EMAIL: [email protected]
PHONE: 8892952024
3. DR. MAHALAKAHMI M.
D/O MURTHY N.R.
AGED 30 YEARS
RESIDING AT No.4855/5855
SHRI SIDDAPPAJI NILAYA
NES EXTENSION, MALAVALLI
MANDYA DISTRICT-571 430
EMAIL: [email protected]
PHONE: 9483646533
4. DR. JYOTHI D.G.
D/O LATE S. DEVARAJU
AGED 41 YEARS
RESIDING AT: 3RD CROSS
SIDDARTHANAGARA
MALAVALLI TOWN
MANDYA DISTRICT-571 430
EMAIL: [email protected]
PHONE: 9980460672
5. DR. KIRAN KUMAR M.
S/O MANJUNATH
AGED 37 YEARS
MANJUNATHANAGAMMA NILAYA
2ND CROSS, VINAYAKA BADAVANE
MANDYA, MANDYA TALUK
MANDYA DISTRICT
EMAIL: [email protected]
PHONE: 9108249846
6. HARISH KUMAR M.
S/O LATE M.D. MAHADEVKUMAR
AGED 32 YEARS
RESIDENT OF No.122, B BLOCK
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12
4TH CROSS, SAMPATH ROAD, MAMBALLI
YELANDUR TALUK
CHAMARAJNAGAR DISTRICT-571 442
EMAIL- [email protected]
PHONE NUMBER: 8095696369
7. MANJUNATH SHANKAR KALAL
S/O SHANKAR
AGED 35 YEARS
KALAL POST- KERUR
TQ-BADAMI, DIST-BAGALKOT-587 206
[email protected]
PHONE: 9902499624
8. DILEEP T.P.
S/O TEJERAO PAWAR
AGED 35 YEARS
RESIDING AT-RANDYAL
POST: DONGAON, TQ-AURAD
BIDAR-DIST-585 417
EMAIL: [email protected]
PHONE NUMBER: 9900169715
9. DR. RAGHAVENDRA G.R.
S/O RAJANAIAKA
AGED 31 YEARS
RESIDING AT NEAR B M BY-PASS ROAD
CHANNAPATTANA, HASSAN TQ DISTRICT-573 201
EMAIL: [email protected]
PHONE: 9379144444
10 . BHARATH AYYAPPA T.S.
S/O M. THYAGARAJU
AGED 34 YEARS
PERMANENT ADDRESS-1279
1ST BLOCK, 10 CROSS, 3 MAIN ROAD
BEL LAYOUT, VIDYARANYAPURA
BENGALURU-560097
PHONE: 9611842839
EMAIL: [email protected]
..PETITIONERS
(BY SRI. ROHITH R. KAMATH, ADVOCATE)
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13
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKAS SOUDHA, BENGALURU-560 001
PHONE: 080-2203 4234
EMAIL: [email protected]
2. NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY
POCKET 14, SECTOR I DWARAKA PHASE
NEW DELHI-110 077
PHONE:91-11-25367033
EMAIL: [email protected]
3. THE DIRECTORATE OF MEDICAL EDUCATION
REPRESENTED BY ITS DIRECTOR
BANGALORE MEDICAL COLLEGE AND RESEARCH
INSTITUTE (OLD BUILDING)
1ST FLOOR, FORT, K.R. ROAD
BENGALURU-560002
EMAIL: [email protected]
PHONE: 080-22870060
4. KARNATAKA EXAMINATION AUTHORITY
REPRESENTED BY ITS EXECUTIVE DIRECTOR
OFFICE AT: 18TH CROSS, SAMPIGE ROAD
MALLESHWARAM, BENGALURU-560 012
PH: 080-2346 0460
EMAIL: [email protected]
5. NATIONAL BOARD OF EXAMINATION
IN MEDICAL SCIENCES
REP. BY MEDICAL EXECUTIVE DIRECTOR
MEDICAL ENCLAVE, ANSARI NAGAR
MAHATMA GANDHI MARG, RING ROAD
NEW DELHI, DELHI-110 029
PHONE: 011-45593000
EMAIL: [email protected]
...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R3;
SRI. N. KHETTY, ADVOCATE FOR R2;
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14
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 A
WRIT IN THE NATURE OF CERTIORARI OR SUCH OTHER NATURE
TO SET-ASIDE THE PG NEET SEAT ALLOTMENT LIST DATED
17.12.2024 ISSUED BY THE RESPONDENT No.4 KARNATAKA
EXAMINATION AUTHORITY PRODUCED AT ANNEXURE-D1 AND
ETC.
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 substantial prayers in these batch of Writ Petitions
are against the decategorization of the in-service quota
seats for the PG NEET 2024 allotment. A prayer is also
made to cancel the mop-up round of counseling in respect of
the in-service quota seats.
2. We have heard the learned counsel appearing for
the petitioners as well as learned DSGI appearing for the
National Board of Examination in Medical Sciences, learned
standing counsel appearing for National Medical
-
Commission, learned Additional Government Advocate
appearing for the State and the Directorate of Medical
Education and the learned counsel appearing for the KEA.
3. The contention raised by the petitioners is to the
effect that decategorization of the in-service seats which
were available for PG medical admissions have created a
situation where the rights of the petitioners who are in-
service candidates have been prejudicially affected. It is
contended that the petitioners who were permitted to
participate in the selection by reduction of the eligibility
criteria are denied the chance to avail of the in-service
quota, in view of the fact that the decategorization occurred
before the date on which, the eligibility criteria was brought
down by the Medical Counselling Committee.
4. The writ petitioners contend that they are in-
service candidates aspiring for NEET PG Seat in pursuance to
the KEA Notification for the year 2024-2025. It is contended
that though a quota was fixed for in-service candidates and
such candidates were available for the selection, the KEA
had decategorized the unfilled, in-service Quota Seats in the
-
second round of counseling itself which had denied a chance
to in service candidates to be selected against the Quota
Seats. The petitioners had become eligible to participate in
the selection on account of lowering of the percentile by the
MCC. This Court in an earlier selection had specifically held
that the in-service seats should not be decategorized till the
mop-up round. It is contended that this Court in the
judgment dated 26.09.2023 in W.P.No.19089/2023 (Edn-
Res) held relying on the judgment of the Apex Court in
Nipun Tawari and others v. State of Maharashtra and
others reported in 2022 SCC OnLine SC 1501, that the
decategorization of the in-service candidates quota seats
should not be done till the mop-up round. However, by
decategorization which has been carried out by the KEA
without any provision for the same, either in the brochure or
in the Karnataka Selection of Candidates for Admission to
Government Seats in Professional Educational Institutions
Rules, 2006 ('2006 Rules' for short), which have been made
specifically applicable to the selection by the brochure in
question, the petitioners have lost their opportunity for
-
admission to in service Quota Seats for which they are
eligible.
5. 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 decategorized so that deserving eligible
candidates would get a chance to opt for the said seats 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 candidate 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 were
received from 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 said 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.
6. The learned counsel would place reliance on the
judgment of the Co-ordinate Bench of this Court in
W.P.No.6735/2022 (Edn-Res), where the 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. It is contended that the
judgment relied on by the writ petitioners 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 percentile, 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.
7. 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 or
otherwise, they would be added to the non-in service quota
seats.
8. The learned counsel appearing for the NMC as
well as the MCC would submit that the present issue could
have been avoided if the KEA and the State Government had
awaited the lowering of the eligibility criteria by the MCC
before decategorizing the in-service quota seats.
9. 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 by
the MCC on 06.01.2025. It is an admitted fact that the in-
-
service quota seats which remained 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.
10. In W.P.No.18089/2023, the situation was that the
petitioners had approached the Court well in advance and an
Interim Order had been passed directing the KEA and the
State Government not to decategorize the seats allotted
under the in-service quota till instructions are issued by the
NMC with regard to alteration of cut off marks. It was in the
said circumstances that the directions had been issued. In
the instant case, we find that the brochure dated
07.07.2024 had a specific provision with regard to the
decategorization of in-service quota seats if eligible
candidates are not available. This apparently has been done
in the second round for counselling. The petitioners, who
acquired eligibility much later, would have no right to
contend that the decategorization which happened earlier
ought not to have been resorted to. We are supported in
-
our view by the judgment of this Court dated 30.03.2022 in
W.P.No.6735/2022, which has been taken up before the
Apex Court without success.
11. In the above view of the matter, we are of the
opinion that these Writ Petitions cannot succeed; the Writ
Petitions are accordingly dismissed. However, we make it
clear that it is for the MCC, NMC and KEA to provide for
reasonable cut off marks for selection to Medical PG Seats
and to provide a reasonable time for decategorization of
seats so that any decision to lower the eligibility criteria will
also be taken into account before such decategorization is
effected. These matters shall be appropriately considered
by the authorities concerned in future selections.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
cp*
