Provided each institution shall also submit the
final list of students admitted, in the prescribed
proforma as detailed in the MSR, to the UGMEB
within one week of the last date of the joining
course, declared by the UGMEB:
35. When the 2nd proviso and Explanation to
ii) The medical institutions getting 'requisite
permission' later to the date of notification of
common counseling, shall participate in the next
academic year's common counseling to admit
students.
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
iii) The 'requisite permission' as mentioned in the
Explanation shall also apply mutatis mutandis for
the increase of seat strength in medical
institutions already established.
Therefore, it is evident that the 443 new seats that were
introduced by the State Government would be subject to
the 2nd part of the 2nd proviso of Regulations-17 which is
to be read in conjunction with the Explanation.
36. The introduction of the 443 new seats when the
3rd round of counseling was in progress and permitting
fresh registrations in the 3rd round against those 443 new
seats, has led to complications in the counseling process
and instead of promoting transparency has rendered the
counseling process opaque with allegations being raised of
lack of merit based seat allotments. As per the own
admission made on behalf of the KEA, that during the first
stage of the 3rd round of counseling pertaining to the 443
new seats, despite there being no statutory provision,
fresh registrations were permitted.
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
36.1. It is pertinent to reiterate that in the
Regulations of 1997, as it stood prior to the enforcement
of the NMC Act, the Notes to Appendix-F, inter alia,
provided that:-
i) Institute/college/courses permitted after 31st
May will not be considered for admission/ allotment of
seats for current academic year.
ii) In any circumstances, last date for
admission/joining will not be extended after 31st August.
Possibly, it is these two (out of the several other) Notes
that were sought to be incorporated and modified in
Regulation 17 of the GMER-2023 to extend its scope to the
effect of increase of seat strength in medical institutions
already established if the 'requisite permission' is obtained
after the date of notification of the common counseling.
36.2. It is further pertinent to mention here that
even in the PGMER-2023, Regulations 4.6 is pari materia
Regulation 17 of the GMER-2023. It reads as follows:-
4.6 Submission of the Final List - The respective
designated authorities (who have conducted the Common
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
Counselling) shall submit the final list of students in the
prescribed form to the Post-graduate Medical Education
Board within one week of the completion of the common
counselling, which in turn shall publish that list in the
NMC website. Provided each institution shall also submit
the final list of students admitted, in the prescribed form
to the PGMEB within one week of the last date of the
joining course, declared by the PGMEB.
Provided only those medical institutions that were
permitted to start the post-graduate medical course prior
to the date of notification of Common Counselling are
allowed to admit students; and those medical institutions,
who get requisite permission after the date of notification
of Common Counselling shall participate in the next
academic year's common counselling to admit students.
Explanation: Requisite permission shall also apply mutatis
mutandis for increase of seat strength in medical
institutions already established.
37. However, the Supreme Court has been pleased
to grant such relief and pass such orders from time to time
in various judgments and orders, some of which are noted
above, due to which the process of seat allotments in
Medical Colleges is being carried on smoothly all over
India. Therefore, the directions given by the Supreme
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
Court in Bhavna Tiwari that upgrade windows post-round
2 for admitted candidates to shift to better seats has to be
permitted without reopening counselling to new entrants,
is the mandate that the respondents are bound to comply.
38. Therefore, new registrations for the first stage
of 3rd round of counseling for the 443 new seats could not
have been made by KEA. Only the admitted candidates
post 2nd round of counseling would be entitled to
participate in the 1st stage of the 3rd round of counseling.
The 3rd round of provisional seat allotment list of
candidates dated 24.10.2025 is therefore, set aside with
direction to the KEA to undertake the process of 3rd round
of counseling afresh strictly as per the directions of the
Supreme Court in Bhavna Tiwari.
39. The KEA shall, accordingly, conclude the two
stages of the 3rd round of counseling and the final list shall
be endeavoured to be declared no later than 2nd December
2025.
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
40. At this stage, it is made clear that during
submissions being advanced by the learned counsel, it has
been indicated that even in the 2nd round of seat
allotment, hundreds of fresh seats were approved by NMC
for being included in the counselling undertaken by the
KEA. However, interfering with the 2nd round of seat
allotment at this stage is not appropriate, particularly
when candidates have obtained admission in the various
medical colleges across the State and given the fact that
the academic sessions have started, as the counseling
process cannot be prolonged indefinitely.
41. It has also been indicated during the course of
arguments that thousands of new seats have been made
available by the NMC in various Medical Colleges/newly
created Medical Colleges across the country and fresh
registrations have been permitted in the 3rd round of
counseling. Given the fact that the aforesaid writ petitions
are filed challenging the manner of conduct of 3rd round of
counselling by the KEA, the enquiry is not being extended
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
as regards those new seats/new Medical Colleges in the
other States of the country.
42. The directions in the writ petitions are collated
below:
i) The 3rd round of provisional seat allotment list of
candidates dated 24.10.2025 is set aside with a
direction to the KEA to undertake the process of 3rd
round of counselling afresh strictly as per the directions
of the Supreme Court in the case of Bhavna Tiwari.
ii) The KEA shall conclude the two stages of the 3rd round
of counselling and the final list of seat allotment shall
be endeavoured to be declared no later than 2nd
December 2025.
iii) The writ petitions are disposed of
iv) The pending I.As if any, stand disposed of.
Sd/-
(JAYANT BANERJI)
JUDGE
KGR
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
Per: K.V. Aravind. J.,
43. I had the privilege of reading the judgment
proposed by His Lordship Jayant Banerji, J. I respectfully
wish to differ, however, to the extent it gives effect to the
interpretation of Regulation 17 of the GMER, 2023, and
the consequential directions issued thereunder.
Hence, my separate judgment.
44. The petitioners in the above writ petition,
having been declared eligible in NEET-UG, participated in
rounds 1 and 2 of the counselling conducted by the KEA
and were duly selected. The petitioners have since joined
their respective colleges.
44.1 The second round of counselling was conducted
pursuant to the information bulletin published by the KEA
on 20.08.2025. As per the stipulated conditions, a
candidate is required to report and admit to the seat
allotted in the second round, failing which, legal action is
liable to be initiated against such candidate. Candidates
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
who are not allotted a medical seat in the second round
are permitted to participate in the round 3/mop-up
counselling.
44.2 After completion of the second round of
counselling, KEA issued instructions on 06.09.2025 inviting
eligible candidates of all categories who were not allotted
any seat in the second round and were interested in
participating in the third round to do so by paying the
caution deposit. Further instructions were issued on
06.10.2025 extending eligibility for the third round to
candidates who had cancelled their medical seats by
forfeiture of the caution deposit. The third round was for
the available medical seats.
44.3 Thereafter, the Department of Medical
Education added new medical seats in respect of 9
colleges, totalling 450 seats. Out of these 450 seats, 443
were made available to the State quota to be filled by the
KEA. As these seats were not available to the candidates
of rounds 1 and 2, under the intimation dated 16.10.2025
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
and subsequent intimations, the candidates who had
already reported to the medical colleges pursuant to their
selection in rounds 1 and 2 were permitted to enter their
options only in respect of the 443 seats in the 9 colleges.
44.4 All the petitioners participated in round 3/mop-
up by entering their options in respect of the 9 colleges.
The petitioners were not successful in the option entry
either due to the preferences exercised by them or
because the preferred seats were not available having
regard to their rankings.
44.5 One set of petitioners seeks a direction to
permit them to participate in all the available vacancies of
the third round. Another set of petitioners seeks a
direction to permit them to participate in the vacancies
that arose due to the alteration of options by round 1 and
round 2 candidates against the newly added seats.
45. Both sets of prayers are not entertainable. As
per the information and conditions, a candidate who
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
selects a seat in round 2 and is admitted to the college is
not permitted to participate in round 3/mop-up. The
admitted candidates were permitted to make option
entries in round 3/mop-up only against the newly added
seats in the 9 colleges. The candidates accepted these
conditions and made their option entries accordingly.
46. The first option was provided by the KEA to
round 1 and round 2 candidates admitted to medical to
choose from the 443 newly added seats. In that process,
248 candidates altered their earlier selections. The
remaining 195 seats were then offered to candidates who
were not allotted seats in rounds 1 and 2, candidates
newly registered for round 3, candidates who had joined
Dental courses in rounds 1 and 2, and candidates from
other courses.
46.1 The remaining un-allotted seats, including the
consequential vacancies arising due to the change of
options by rounds 1 and 2 candidates, were made
available to the aforesaid set of candidates. These
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
conditions and restrictions were clearly stipulated in the
instructions issued by the KEA from time to time, and the
petitioners entered their options and participated in the
counselling accordingly.
47. At this stage, without challenging the said
conditions, it is not open to the petitioners to seek a
direction to participate in the counselling contrary to those
instructions.
48. All the petitioners were selected in rounds 1
and 2 and are presently pursuing their undergraduate
MBBS course. The petitioners placing themselves in better
position and continuing in their respective courses and,
after being unsuccessful in their chosen options, seek re-
allotment without challenging the governing conditions.
Such an attempt would deprive candidates who are
otherwise eligible for admission against the available
vacancies in round 3/mop-up and the stray vacancy
round. The counselling process is time bound.
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
49. Insofar as the compliance with Regulation 17 of
the GMER, 2023, and the findings recorded on its
interpretation by His Lordship Jayant Banerji. J., are
concerned, the same cannot be given effect to for the
current academic year 2025-26 for the following reasons:
(i) Of the total seats permitted by the NMC to a medical
college, 15% of the seats are made available for
filling through the All India Quota counselling
conducted by the Medical Counselling Committee,
and the remaining seats are to be filled under the
State quota by the KEA. At present, this Court is
concerned with the additional seats permitted by the
NMC after the commencement of the counselling
process. As per the information placed before the
Court by Sri N.K.Ramesh, learned counsel for KEA,
during second round, 950 seats were added, out of
which 97 seats were provided to the All India Quota
and 853 seats were filled under the State quota.
Similarly, after the announcement of the third round,
450 seats were added, out of which 7 were allotted
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
to the All India Quota and 443 were to be filled under
the State quota. If the second proviso to Regulation
17 of the GMER, 2023 is to be applied so as to bar
admissions to newly added seats after the
notification of counselling, the same would have to
be applied uniformly across the country. It is not the
case of the NMC that Regulation 17 of the GMER,
2023 has been so applied.
(ii) It is stated by the learned counsel for the NMC that,
in total, 9,075 additional seats were permitted at
various stages. It is submitted that all these
additional seats have been permitted to be filled for
the academic year. Insofar as the additional seats
allotted to medical colleges in Karnataka during the
second round of counselling are concerned, 950
seats were allowed to be filled by the medical
colleges under both the All India Quota and the State
quota. If the second proviso to Regulation 17 of the
GMER, 2023 is applied in respect of the additional
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
seats allotted during the third round of counselling
and such seats are debarred from admission, it
would lead to irreparable consequences for more
than one reason.
(a) When such additional seats are being admitted
in other parts of the country, depriving
candidates seeking admission through the KEA
of admission in third round would lead to
discrimination and would violate Article 14 of
the Constitution of India.
(b) Out of the 950 seats made available for the
second round, all seats were filled both under
the All India Quota and the State quota.
Depriving candidates in round 3 of similar
treatment would be discriminatory and would
violate Article 14 of the Constitution of India.
(c) Out of the 450 additional seats added for the
third round, 7 seats were allotted to the All
India Quota and those seats have been filled
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
under the All India Quota. Depriving admissions
to the remaining 443 seats would likewise be
discriminatory and inequitable.
(d) By virtue of the permission granted by the
NMC, a right has accrued in favour of the
medical colleges to admit students against the
additionally allotted seats. Barring admission to
these additionally allotted seats would take
away the right of the medical colleges to admit
students, resulting in financial loss. Without
affording an opportunity to the colleges, such a
bar is not permissible.
(e) If the additional seats for round 3 are not made
available, the eligible candidates would be
deprived of their right to admission and to
pursue the medical course. Those eligible
candidates likely to be affected are not before
this Court. Any order depriving them of their
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
right to admission would amount to a violation
of the principles of natural justice.
(f) As held by the Hon'ble Supreme Court in
Ruchin Bharat Patel v. Parents' Association
for M/D Students and Others on I.A.
Nos.9-10 & 11-12 in Civil Appeal
No.4480/2006, denial of admission not only
deprives eligible candidates of their rights, but
also results in financial loss to the medical
colleges and leads to a waste of available seats.
(g) An attempt is required to be made by this Court
to save the allotted seats and to provide
guidelines to rectify any procedural deficiencies
for the next academic year. Such prospective
application is necessary having regard to the
alleged violation of the Central Act and the fact
that students/candidates in other States are
being permitted admission to additionally
allotted seats without reference to Regulation
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
17 of the GMER, 2023. The Regulation 17 of
the GMER, 2023 needs uniform application.
(h) In a similar situation involving additional seats
in NEET-PG, the Hon'ble Supreme Court in
Anjana Chari S.N. v. The Medical
Counselling Committee (W.P.
No.174/2022 (C), disposed of on
31.03.2022) permitted special counselling for
students who had joined in round 2, either
under the State quota or the All India Quota,
without imposing any financial penalties, and
thereafter allowed a mop-up round for eligible
candidates. In the present case, the newly
added 443 seats were not available for option
to candidates in Rounds 1 and 2. Hence, they
were provided an opportunity to exercise their
options among the 443 seats in the 9 colleges.
This exercise is in conformity with the
procedure adopted by the Hon'ble Supreme
Court in the judgment referred to supra.
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
(i) Denial of admission only in respect of the
additional seats added for the third round of
counselling would discriminate between
similarly placed candidates who secured
admission against the additional seats added
for the second round. Differential treatment to
the 443 seats, as against the 9,075 additional
seats permitted by the NMC, would deprive
eligible candidates of the opportunity for
admission, resulting not only in financial loss to
the medical colleges but also in a waste of
national resources. Considering the rise in
necessity of doctors to meet the Health Care
demand, the resources are to be utilized to the
available extent. The balance, therefore, needs
to be struck by the Court in view of the
circumstances created by the addition of seats.
The equitable course would be to allow
admission to the 443 additional seats through
merit-based counselling by the KEA. Non-
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
compliance with the regulations of the GMER,
2023 may be directed to be rectified and
strictly followed from the next academic year.
Such an approach would preserve equity
among similarly situated students and prevent
the wastage of seats.
(j) Further equities are required to be balanced
between the 950 candidates who successfully
secured admission against the additional seats
in the second round and the 443 candidates out
of the 450 newly added seats for round 3. Out
of the 450 additional seats, 7 All India Quota
seats have already been filled and the
candidates admitted. Here again, discrimination
cannot be made between candidates seeking
admission under the All India Quota and those
seeking admission under the State quota.
(k) If admission to the additional seats is denied, it
would lead to an irreversible situation for the
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
candidates. The petitioner in
W.P.No.34183/2025, which was heard along
with the batch of petitions had earlier secured a
seat under the All India Quota, was
subsequently selected under the State quota.
In accordance with the applicable conditions,
she surrendered her All India Quota allotment
in the bona fide belief that her admission, as
per the provisional selection made in round 3
including the additionally allotted seats, would
be confirmed. The surrendered seat has been
filled in the stray round of the All India Quota.
If the additional seats are now not permitted to
be filled, the candidate, who bona fide
relinquished her All India Quota seat with a
reasonable expectation of admission, would
suffer injustice without any fault on her part.
(l) If the permission granted by the NMC to admit
students to the additional seats for the
academic year, the order of the Department of
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
Medical Education including such additionally
allotted seats, and the counselling conducted by
the KEA for those seats are found to be in
contravention of Regulation 17 of the GMER,
2023, such anomaly can be rectified by
directing the authorities to undertake the
admission process strictly in accordance with
the said regulation from the next academic
year. Enforcement of the regulation in the
midst of the counselling process, only to 443
seats as against the 9,075 seats additionally
permitted by the NMC, and applying it only to
candidates of round 3 and onwards while
ignoring candidates of rounds 1 and 2, is
impermissible, as it would lead to discrimination
and would be contrary to the principles of fair
play among candidates who are similarly
situated. Once interpretation is made to
Regulation 17 of the GMER 2023, the
application cannot be selectively restricted.
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
50. The learned counsel for the KEA submits that,
as per the schedule, the counselling process is required to
be completed on or before 20.11.2025, and in view of the
interim order passed by this Court directing the KEA not to
act upon the results of the third round of counselling, the
final selection list for the said round has not been
announced. It is further submitted that after the
publication of the final selection list, a stray round has to
be conducted for the unfilled seats. Hence, the learned
counsel prays that the time limit for completing the above
process be extended.
51. By order dated 29.10.2025, the KEA was
directed not to act upon the results of the third round of
counselling until the next date of hearing. The interim
order has been extended from time to time and continues
to operate as of today. The delay in completing the
counselling exercise is attributable to the orders passed by
this Court. The request made by the KEA merits
consideration in the larger interest of the eligible
WP No. 31934 of 2025 C/W WP No. 32428 of 2025,
WP No.32391/2025, WP No.32510/2025 &
candidates and to ensure completion of the ongoing
counselling process. In the facts and circumstances of the
case, it is appropriate to permit the counselling exercise to
be completed on or before 10.12.2025.
52. In the light of the aforesaid findings, the
following:
Order
(i) All the writ petitions stand dismissed.
(ii) The Karnataka Examination Authority is hereby
directed to complete round 3/mop-up round
expeditiously, in accordance with law.
(iii) The interim order granted earlier ceases to
operate.
(iv) The KEA shall complete the counselling process
of all permissible rounds with an outer limit on
or before 10.12.2025.
Sd/-
(K. V. ARAVIND)
JUDGE
MV
