Karnataka High Court
Sri. Ashish Appasaheb Patil vs The National Medical Commission on 10 September, 2025
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NC: 2025:KHC:35981-DB
WP No. 32629 of 2024
C/W WP No. 28510 of 2024
WP No. 29035 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10 TH
DAY OF SEPTEMBER, 2025
R
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
WRIT PETITION NO. 32629 OF 2024 (EDN-MED ADM)
C/W
WRIT PETITION NO. 28510 OF 2024 (EDN-RES)
WRIT PETITION NO. 29035 OF 2024 (EDN-MED ADM)
IN WP No. 32629/2024
BETWEEN:
MS. TISA ROBINSON
W/O JUSTIN THOMAS T
AGED ABOUT 29 YEARS,
C/O M C ROBINSON, MELEDATH HOUSE,
NEAR MUTTANS CORNER,
THRIKKUR, THRISSUR,
KERALA - 680 306.
Digitally signed
by VASANTHA ...PETITIONER
KUMARY B K (BY SRI. ANUP RAJ., ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY,
POCKET - 14, SECTOR - 8,
DWARAKA PHASE 1,
NEW DELHI - 110 077.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
THE MEDICAL EDUCATION DEPARTMENT,
M.S.BUILDING, AMBEDKAR VEEDHI
BENGALURU - 560001.
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WP No. 32629 of 2024
C/W WP No. 28510 of 2024
WP No. 29035 of 2024
HC-KAR
3. THE DIRECTORATE OF MEDICAL EDUCATION
REPRESENTED BY ITS DIRECTOR
BMC AND RI (OLD BUILDING)
1ST FLOOR, FORT K.R.ROAD,
BENGALURU - 560002.
4. THE KARNATAKA EXAMINATION AUTHORITY
THROUGH THE DIRECTOR,
MEDICAL EDUCATION DEPARTMENT,
BMC AND RI (OLD BUILDING)
K.R.ROAD, BENGALURU - 560002.
5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
REPRESENTED BY ITS REGISTRAR
4TH T BLOCK, JAYANAGAR
BENGALURU - 560070.
6. KANACHUR INSTITUTE OF MEDICAL SCIENCES
REPRESENTED BY ITS DEAN
MANAGALORE UNIVERSITY ROAD,
NATEKAL - 575 018.
...RESPONDENTS
(BY SRI. N SHETTY, ADVOCATE FOR R1;
SRI. SUDEV HEGDE, AGA FOR R2 & R3;
SRI. N K RAMESH, ADVOCATE FOR R4;
SRI. SACHIN B S, ADVOCATE FOR R5;
SRI. VENUGOPAL L, ADVOCATE FOR R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI AND QUASH THE
COMMUNICATIONS ISSUED BY THE RESPONDENT NO.4 DATED
11/03/2024 IN NO.ED/KEA/RECONCILIATION/C.R-02/2024
AND RESPONDENT NO.3 DATED 08/04/2024 IN
NO.DME/PGS/91/2023-24 (PRODUCED AT ANNEXURES-A AND
A1) AND ETC.,
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WP No. 32629 of 2024
C/W WP No. 28510 of 2024
WP No. 29035 of 2024
HC-KAR
IN WP NO. 28510/2024
BETWEEN:
1. SRI. ASHISH APPASAHEB PATIL
S/O APPASAHEEB
AGED ABOUT 31 YEARS
R/AT LANE NO.-11
NEAR POST OFFICE
KADAAGE MALA, HOUSE
NO- 2008/A/2, JAYSINGPUR
KOLHAPUR-416101
(NEET-PG ROLL. NO. 23661095614)
2. SRI. HEMANTH KUMAR P
S/O SRI. PURUSHOTHAMAN R,
AGED ABOUT 27 YEARS
R/AT PLOT NO.29, KANNAN NAGAR
NEAR MAHAVISHNU NAGAR,
TIRUTTANI TALUK,
KARTIKAYAPURAM,
THIRUVALLUR - 631211
(NEET-PG ROLL. NO. 23661141551)
...PETITIONERS
(BY SRI. ANUP RAJ., ADVOCATE)
AND:
1. THE NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY,
POCKET-14, SECTOR-8,
DWARAKA PHASE-1,
NEW DELHI 110077.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
THE MEDICAL EDUCATION DEPARTMENT,
M.S BUILDING, AMBEDKAR VEEDHI
BENGALURU- 560001.
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WP No. 32629 of 2024
C/W WP No. 28510 of 2024
WP No. 29035 of 2024
HC-KAR
3. THE DIRECTORATE OF MEDICAL EDUCATION
REPRESENTED BY ITS DIRECTOR
BMC AND RI (OLD BUILDING)
1ST FLOOR, FORT, K.R ROAD,
BENGALURU- 560002.
4. THE KARNATAKA EXAMINATION AUTHORITY
THROUGH THE DIRECTOR,
MEDICAL EDUCATION DEPARTMENT,
BMC AND RI (OLD BUILDING)
K.R ROAD, BENGALURU- 560002.
5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE
REPRESENTED BY ITS REGISTRAR
4TH 'T' BLOCK, JAYANAGAR,
BENGALURU- 560070.
6. KANACHUR INSTITUTE OF MEDICAL SCIENCES,
REPRESENTED BY IS DEAN
MANGALORE UNIVERSITY ROAD,
NATEKAL-575018.
...RESPONDENTS
(BY SRI. N KHETTY., ADVOCATE FOR R1;
SRI. SUDEV HEGDE, AGA FOR R2 & R3;
SRI. N K RAMESH, ADVOCATE FOR R4;
SMT. FARAH FATHIMA, ADVOCATE FOR R5;
SRI. VIJAYKUMAR, ADVOCATE FOR R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT
IN THE NATURE OF CERTIORARI AND QUASH THE
COMMUNICATIONS ISSUED BY THE RESPONDENT NO.4
DATED 11/03/2024 IN NO.ED/KEA/RECONCILIATION/C.R-
02/2024 AND RESPONDENT NO.3 DATED 08/04/2024 IN
NO.DME/PGS/91/2023-24 (PRODUCED AT ANNEXURES-A
AND A1) AND ETC.,
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WP No. 32629 of 2024
C/W WP No. 28510 of 2024
WP No. 29035 of 2024
HC-KAR
IN WP NO. 29035/2024
BETWEEN:
SRI NISHANTH G V
S/O VIJAY SIMHA D A
AGED ABOUT 27 YEARS
R/AT NO 276, 4TH MAIN
2ND CROSS BRINDAVAN EXTENSION,
ARAKERE MICO LAYOUT,
BANNERGHATTA ROAD,
BENGALURU - 560076
(NEET PG ROLL NO 23661070259)
...PETITIONER
(BY SRI. ANUP RAJ., ADVOCATE)
AND:
1. THE NATIONAL MEDICAL COMMISSION
REPRESENTED BY ITS SECRETARY,
POCKET - 14, SECTOR - 8
DWARKA PHASE - 1,
NEW DELHI - 110077.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
THE MEDICAL EDUCATION DEPARTMENT,
M S BUILDING, AMBEDKAR VEEDHI
BENGALURU - 560001.
3. THE DIRECTORATE OF MEDICAL EDUCATION
REPRESENTED BY ITS DIRECTOR,
BMC AND RI (OLD BUILDING)
1ST FLOOR, FORT, K R ROAD,
BENGALURU - 560002.
4. THE KARNATAKA EXAMINATION AUTHORITY
THROUGH THE DIRECTOR
MEDICAL EDUCATION DEPARTMENT,
BMC AND RI (OLD BUILDING)
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WP No. 32629 of 2024
C/W WP No. 28510 of 2024
WP No. 29035 of 2024
HC-KAR
K R ROAD,
BENGALURU - 560002.
5. RAJIV GANDHI UNIVERSITY
OF HEALTH SCIENCE
REPRESENTED BY ITS REGISTRAR
4TH T BLOCK, JAYANAGAR,
BENGALURU - 560070.
6. KVG MEDICAL COLLEGE AND HOSPITAL
REPRESENTED BY ITS DEAN
KURUNJIBAG SULLIA - 574327.
...RESPONDENTS
(BY SRI. SUDEV HEGDE, AGA FOR R2 & R3;
SRI. N KHETTY, ADVOCATE FOR R1;
SRI. N K RAMESH, ADVOCATE FOR R4;
SRI. SACHIN B S, ADVOCATE FOR R5;
SRI. VINOD KUMAR M, ADVOCATE FOR R6;
SRI. VENUGOPAL L, ADVOCATE FOR R6)
WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE
A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE
COMMUNICATIONS ISSUED BY THE RESPONDENT No. 4
DATED 11.03.2024 IN No. ED/KEA/RECONCILIATION/C.R-
02/2024 AND RESPONDENT No. 3 DATED 08.04.2024 IN
No. DME/PGS/89/2023-24 (PRODUCED AT ANNEXURE A
AND A1) AND ETC.,
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
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WP No. 32629 of 2024
C/W WP No. 28510 of 2024
WP No. 29035 of 2024
HC-KAR
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
These three writ petitions have similar facts and same
questions of law, therefore, they are heard together and are
being disposed of by this common judgment. The brief facts of
each petition are stated here under.
2. The two petitioners in this petition had appeared in
NEET-PG 2023 for admission in the post graduate medical
courses. Though the petitioners had participated in the online
counseling sessions but did not get admission in any college for
pursuing post graduate medical courses. The 6th respondent -
College namely, Kannachur Institute of Medical Sciences had
admitted the 1st petitioner for MD in Radio Diagnosis and the
2nd petitioner for MS in Orthopaedics through physical
admission process. The petitioners were not allotted the said
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college through counseling for admission in the post graduate
medical courses as mentioned above.
3. The case of the petitioners is that the two
candidates who were allotted the 6th respondent - Institution
for MD Course namely, Dr. Deepu Kumar Jha and Dr. Hemraj
Saini surrendered their seats on the last date of counseling.
The 6th respondent - Institution is a minority institution
established in the year 2016 with an initial intake of 150 MBBS
seats. The National Medical Counsel (for short 'the NMC'),
however, has increased the intake of MBBS seats from 150 to
200 for the academic year 2024-25 onwards. The 6th
respondent - Institution has also been approved for 44 post
graduate degree seats in MD and MS in various specialties. The
last date for admission after special stray vacancy round of
counseling for post graduate medical courses was 30.11.2023
for the academic year-2023-24.
4. It is the case of the 6th respondent that in the
second round of counseling, the Karnataka Examination
Authority (for short 'the KEA') on 06.10.2023 allotted one post
graduate seat in MD (Radiology) in the college to one
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Dr. Hemraj Saini and one seat in MS (Orthopaedic) to
Dr. Deepu Kumar Jha. These students reported to the college
on 12.10.2023. The mop up counseling round commenced on
13.10.2023 and last date for joining was notified as
18.10.2023. When the mop up was on going, the KEA on
15.10.2023 issued notification to conduct stray vacancy round.
Thereafter, on 17.10.2023, the KEA issued notification calling
for fresh registration upto 18.10.2023 and stray vacancy round
of counseling was from 18.10.2023 to 19.10.2023 and last date
for completion of admission process was notified as
21.10.2023. However, the MCC has notified the last date of
admission to post graduate courses as 25.10.2023 i.e., after
stray vacancy round of counseling.
5. According to the College Dr. Hemraj Saini and
Dr. Deepu Kumar Jha, who were admitted in MD (Radiology)
and MS (Orthopaedic) in the college on 25.10.2023 on the last
date of admission, addressed the e-mails and letters to the 6 th
respondent - Institution requesting for cancellation of their
admissions and on the very same day, the petitioners
approached the respondent - Institution and requested it to
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grant them admission under the said vacant seats. It is also
the case of the 6th respondent - Institution that on the very
same date i.e., on 25.10.2023 the college addressed a
communication to the KEA and Directorate of Medical Education
(for short 'the DME'). It is further stated on 07.11.2023 the 6th
respondent - Institution addressed a communication to the KEA
requesting the KEA to send re-placement of the students for
two vacancies, otherwise, two post graduate seats would go
vacant. The last date of the admission was extended to
30.11.2023 for post graduate medical course for academic year
2023-24 and on 16.11.2023, the 6th respondent - Institution
addressed a communication to KEA to include two vacant seats
of MD (Radiology) and MS (Orthopaedics) in the special stray
vacancy round. The KEA on 24.11.2023 notified schedule for
special vacancy round in the State and also notified the vacant
seats. However, the two vacant seats in the 6th respondent -
Institution i.e., MS (Radiology) and MD (Orthopaedics) were not
notified and were not included in the seat matrix despite
several requests made by the 6th respondent - Institution.
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6. Despite several requests made by the 6th
respondent - College to include two vacant seats in the second
round of counseling, the KEA did not include two seats in the
second round of counseling and no candidates were sent for
admission in post graduate (Radiology) and post graduate
(Orthopaedics) against the two vacant seats, and the 6 th
respondent - Institution had admitted the petitioners against
the two vacancies occurred because of surrender of two seats
and cancellation of admission by Dr. Hemraj Saini and
Dr. Deepu Kumar Jha. It is therefore submitted that the
admissions of the petitioners in MD (Radiology) and MS
(Orthopaedics) are to be regularized.
7. As per the facts stated in the writ petition, the
petitioner had appeared in NEET-PG 2023 examination for
admission to post graduate medical course. The petitioner has
also participated in online counseling but did not get the college
of his choice. The petitioner was however given admission by
the 6th respondent - KVG Medical College and Hospital as he
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had requisite merits, ranking and qualification as
MS (Orthopaedics) through physical admission.
8. The case of the petitioner is that a seat in
MS (Orthopaedics) became vacant due to surrendering of one
of the seat by Dr.Babulal yadav as he sent communication
dated 30.11.2023 at 3:00 pm. stating that he wanted to cancel
his admission in the 6th respondent - College.
9. The 6th respondent- College vide communication
dated 30.11.2023 requested the DME to accord permission to
admit the petitioner and provide access to download the
admission order of the petitioner to compensate loss of the
vacant seat. The petitioner had paid the fees in the 6th
respondent - College and was attending his classes.
10. Being aggrieved by the communication dated
11.03.2024 issued by the 4th respondent - KEA stating that the
admission of the petitioner in the 6th respondent - College was
not in consonance with the guidelines and rules of the NMC, he
could not be permitted to continue his course, the petitioner
has filed this writ petition.
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11. According to the college, 30.11.2023 being the last
date of the admission, as per the admission schedule published
by 4th respondent - KEA; on the same day, Dr. Babulal Yadav
who had been admitted in MS (Orthopaedics) in the 6th
respondent - College addressed a letter to the 6th respondent -
College citing difficulties and sought for cancellation of his
admission. On the same day, the 6th respondent - College
requested the KEA to grant them permission to admit a
qualified student to fill the vacant seat. Since no response came
from DME or KEA, the 6th respondent proceeded to admit the
petitioner and there is no illegality in the admission as the
petitioner is NEET qualified and KEA registered candidate.
12. The petitioner had appeared in NEET-PG 2023
examination for admission in post graduate medical course.
According to the petitioner, the petitioner was admitted in the
college against the vacancy in the 6th respondent - college i.e,
Kannachur Institute of Medical Sciences against the vacancy of
MD(Pathology). Therefore, it is submitted that the petitioner's
admission at this stage cannot be cancelled as the petitioner
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has studied one year and has also paid fees and has already
studied one year in MD (Pathology) Course.
13. According to the 6th respondent - College there are
three seats in MD (Pathology) and one seat was notified under
open category and whereas two seats were notified as
Government category with subsidized fee. It is further stated
that three seats in MD (Pathology) were remained unfilled in
the first round of counseling conducted by the KEA. However,
after second round of counseling only one seat in MD
(Pathology) in open category was filled up and allotted to
Ms.Kavitha Singh. Two seat in MD(Pathology) under
Government Category with subsidized fee remained unfilled
even in the second round of counseling. The special stray
vacancy round was conducted by the KEA on 29.11.2023 and
30.11.2023. The two seats remained unfilled by the 4th
respondent - KEA even on the last date of admission i.e., on
30.11.2023. As there was no candidate turned up from KEA for
the said two seats of MD (Pathology) in the 6th respondent -
College, the petitioner was admitted on 30.11.2023 in
MD(Pathology). It is the submission of the 6th respondent -
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College that the admission of the petitioner in the college for
MD (Pathology) is neither against the guidelines nor the
relevant admission Rules, and therefore, the communication
issued by the KEA and the DME dated 08.04.2024 for canceling
the admission of the petitioner in MD (Pathology) in the
respondent - college cannot be sustained.
14. When these writ petitions came up for hearing on
01.09.2025 we were surprised by the submission advanced by
Mr. N. Khetty, learned counsel appearing for the 1st respondent
- NMC as he submitted that the admissions of the petitioners in
post graduate course should be regularized. According to him,
as the KEA failed to allot the students to the respondent -
College(s) after concluding all rounds of counseling, therefore,
the colleges were entitled to fill up the vacant seats on their
own.
15. As we considered the aforesaid submission of
Mr. N. Khetty, against the Post Graduate Medical Education
Regulation, 2023 (for short the PGMER) we passed the
following order to know the stand of the NMC on the
submissions advanced by Mr.N.Khetty, learned counsel
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appearing for the 1st respondent - NMC. The order dated
01.09.2025 reads as under:
"Sri Anup Raj, learned counsel for the petitioner(s),
Sri N. Khetty, learned counsel for respondent No.1, Sri
Sudev Hegde, learned Additional Government Advocate,
Sri N.K. Ramesh, learned counsel for respondent No.4,
Sri Venugopal L., learned counsel for respondent No.6,
Ms. Farah Fathima, learned counsel for respondent No.5
in Writ Petition No.28510 of 2024, are physically present.
Sri N. Khetty, learned counsel for respondent No.1,
submits that admission(s) of the petitioner(s) should be
regularised. The Karnataka Examination Authority failed
to allot the students to the respondent college(s) after
concluding all rounds of counselling. In fact, he supports
the action of the college(s) for filling up vacant seats on
their own. We, therefore, would like to have the Affidavit
filed on behalf of the National Medical Commission in this
aspect.
Learned counsel for the petitioner in Writ Petition
No.32629 of 2024 is directed to serve a copy of the
petition papers on the learned counsel for respondent
No.4, forthwith.
The Chairman of the National Medical Commission
is directed to file his personal Affidavit on the following
issues:
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1. If the seats in private medical colleges are not filled
up even after the stray round of counselling, what
should be done with respect to unfilled seats after
all rounds of counselling get over?
2. Whether admission(s) of the petitioner(s) can be
regularised though he/she has not been admitted in
the college(s) through the process of counselling?
3. If after surrender of seats to the Karnataka
Examination Authority, the Karnataka Examination
Authority does not notify those surrendered seats
for the next round of counselling, what punitive
action can be taken by the National Medical
Commission against the Karnataka Examination
Authority?
List these petitions on 10-9-2025.
We make it clear that the Affidavit of the Chairman
of the National Medical Commission must be on record by
the next date of posting, failing which, he shall remain
present in person before this Court."
16. In pursuance of the direction issued by this Court
on 01.09.2025, Ms. Rita Singh, the Under Secretary of the
National Medical Council has filed the affidavit in respect of the
three issue flagged/framed by us in our order dated
01.09.2025.
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17. The response to issue Nos.1 and 2, as per the NMC
as stated in the affidavit of Ms. Rita Singh is that, the last date
of counseling for academic year 2023-24 was 30.11.2023 as
per the judgment of the Supreme Court in the case of Ashish
Ranjan Vs. Union of India and ors, ([2016] 11 SCC 225)
once the last date of counseling is over, no admissions can be
allowed. It is also stated that every year the counseling
schedule prepared and placed by the NMC before the Supreme
Court for its approval.
18. The regulation 4.3 of the Post Graduate Medical
Education Regulation, 2023 (for short 'the PGMER-2023') reads
as under:
4.3 COMMON COUNSELLING - Without
prejudice to anything stated in the present Regulations
or other NMC Regulations, there shall be common
counselling for admission to Post-graduate courses in
medicine for all medical institutions in India solely based
on the merit list of respective exams. Provided the
common counselling may have multiple rounds as may
be necessary. PGMEB of NMC shall publish guidelines
for the conduct of common counselling and the
designated authority under Section 4.4 shall conduct
common counselling in conformity with such published
guidelines.
19. After perusing the regulations 4.4 and 4.5 of the
PGMER-2023 wherein it is specifically provided that no medical
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institution shall admit any candidate to the post graduate
medical education courses (including super-speciality medical
courses) in contravention of these regulations and any students
admitted in contravention of the mandate of the regulations
shall be discharged from the admitted college and double the
number of seats shall be reduced to one or more years in the
said college. The admissions of the petitioners are against the
said PGMER - 2023 regulations and cannot be regularized.
20. We were surprised and aghast to note that the
counsel representing the NMC made the submissions on
01.09.2025 against the statutory prescription and the clear and
categorical stand of the NMC. We do not know whether the
counsel for the statutory body can make submissions against
the statutory prescription and against the stand of the said
statutory authority. We do not want to say more in our order,
but it is for the NMC to consider the matter and deal with it
appropriately. However, we do not approve the manner of the
learned counsel for NMC to address the Court against the
statutory prescription and the stand of the NMC.
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21. In respect of question of issue No.3 in the order
dated 01.09.2025 passed by this Court, the affidavit states that
the admission made without going through the prescribed
counseling process is invalid as per the regulation No.4.3 of the
PGMER-2023. In such case, the NMC is empowered to take
penal action against the concerned college, and the students
admitted in violation of the counseling procedure are liable to
be discharged. It would further state that there is no provision
of punitive action against the State Counselling Authority under
any of the NMC regulations. However, any lapse/omission by
the State Counseling Authority does not authorize the college
to take admission at their own.
22. Thus, from the affidavit filed on behalf of the 1st
respondent - NMC, it is evident that no admission in post
graduate courses can be granted by a college on its own
without the process of counseling and the admission of the
petitioner(s) are clearly in violation of the PGMER-2023 and
cannot be regularized.
23. In the affidavit filed on behalf of the KEA it is
specifically stated that the admissions of the petitioners in post
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graduate course are contrary to and in violation of the
mandatory regulations-4.3 and 4.5 of PGMER-2023 and cannot
be regularized. The said admissions are illegal and the medical
colleges are to be punished accordingly.
24. In response to W.P.No.28510/2024 it has been
submitted that Dr. Hemaraj Saini and Dr. Deepu Kumar Jha
who were given admission in the 6th respondent - College had
paid the fees and the college had sent the original documents
of these students to the University for verification and updated
the names of the students on the NMC portal. The students had
retained the seats during the mop up round held between
13.10.2023 and 20.10.2023 and they held the seats even
during the special stray vacancy round held between
19.10.2023 and 21.10.2023. It is specifically stated that no
surrender of seat had happened till 20.10.2023 before the
DME. The surrender of seats was never intimated by the DME
to the KEA and neither these two seats were included by the
DME in the seats matrix issued for the stray vacancy round. It
is only on 06.02.2024 DME forwarded a letter dated
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06.02.2024 to the college, whereby rejected the request of the
college to regularize illegal admissions.
25. Mr. Sudev Hegde learned Additional Government
Advocate appearing for the respondent - DME has produced an
extract of inward ledger wherein it is stated that the 6th
respondent - College had submitted a letter on 30.10.2023 for
surrendering of two seats i.e., one in MS(Orthopaedics) and
one in MD (Pathology), and after the seal was put on the said
letter, same was withdrawn and thus, there was no surrender
of the seats as stated by the 6th respondent - College. In fact,
they have misled this Court and in affidavit it is falsely stated
that they had surrendered two seats one in post graduate
MS(Orthopaedics) and one in MS (pathology) on 30.10.2023. It
is submitted that appropriate action should be taken against
the college for filing the false and misleading affidavit.
26. In respect of W.P.No.32629/2014 it is submitted
that there are no particulars coming forth. In fact the petitioner
had appeared in the Second round of counseling for private
seats on 18.10.2023, however, she was not allotted any seat in
the counseling and the amount/fees deposited was returned to
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her on 16.12.2023. As her admission is totally illegal and
against the regulations of PGMER - 2023, the same cannot be
regularised .
27. In respect of W.P.No.29035/2024 it is stated that
the admission of Dr. Babulal Yadav was completed and his
name was included in the list of admissions which was
forwarded to the NMC. The entire fee paid by Dr.Babulal Yadav
was transferred to the college on 31.12.2023, and the original
documents of the students were also handed over by the KEA
to the Rajiv Gandhi University of Health Sciences (RGHUS) for
verification. The 6th respondent - College's request for
regularization of the admission of the petitioner has been
rightly rejected and admission granted to the petitioner is
wholly illegal and against the regulations 4.4 and 4.5 of the
PGMER-2023 and against the notification dated 24.07.2023
issued by the NMC.
28. Considering the mandate of the PGMER - 2023
regulations as well as the notification dated 24.07.2023 issued
by the NMC, no admission to the post graduate course by any
medical college can be regularized which has not been made
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through the process of counseling. We, therefore, do not find
any substance in these writ petitions, as the admissions of the
petitioners in post graduate medical courses in the respondent-
college(s) is wholly illegal and against PGMER-2023. Therefore,
the writ petitions are dismissed, however, without costs.
29. We are of the opinion that the respondent - college
Kannachur Institute of Medical Sciences has filed false affidavit
stating therein that they had surrendered these two seats on
30.10.2023 before the DME is false.
30. We direct the NMC to take appropriate measures
against the two colleges where the petitioners were illegally
admitted to post graduate medical courses.
SD/-
(D K SINGH)
JUDGE
SD/-
(VENKATESH NAIK T)
JUDGE
RKA
