Karnataka High Court
Dr. C Anusha vs Nation National Board Of Examinations ... on 22 September, 2025
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WP No. 27597 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R
DATED THIS THE 22ND DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
WRIT PETITION NO. 27597 OF 2025 (EDN-RES)
BETWEEN:
DR. C.ANUSHA,
DAUGHTER OF C.MALLIKARJUNA,
AGED ABOUT 24 YEARS,
RESIDING AT HOUSE NO. 32-A,
WARD NO.18, PARVATHI NAGAR,
BELLARY GANDHINAGAR, SIRUGUPPA,
BELLARY, KARNATAKA - 583103.
...PETITIONER
(BY SRI. VINAY KUTTAPPA K.S., ADVOCATE)
AND:
Digitally signed by 1. NATION NATIONAL BOARD OF EXAMINATIONS
DHAKSHAYINI R IN MEDICAL SCIENCES,
Location: HIGH MAHATMA GANDHI MARG (RING ROAD),
COURT OF
KARNATAKA ANSARI NAGAR, NEW DELHI-110029.
2. KARNATAKA EXAMINATION AUTHORITY,
REPRESENTED BY ITS EXECUTIVE DIRECTOR,
SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM,
BENGALURU - 560012.
3. MEDICAL COUNSELING COMMITTEE (MCC),
NIRMAN BHAWAN, RAJPATH AREA,
CENTRAL SECRETARIAT,
NEW DELHI - 110001.
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WP No. 27597 of 2025
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4. THE STATE OF KARNATAKA,
DEPARTMENT OF HIGHER EDUCATION,
VIDHANA SOUDHA, BENGALURU - 560001,
REPRESENTED BY ITS SECRETARY.
...RESPONDENTS
(BY SRI. SHANTHI BHUSHAN H., DSGI FOR R1 AND R3;
SRI. N.K.RAMESH, ADVOCATE FOR R2;
SRI. SUDEV HEGDE, AGA FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
PERMIT THE PETITIONER TO AMEND/MODIFY HER CATEGORY
AS OTHER BACKWARD CLASSES (OBC) IN THE NATIONAL
ELIGIBILITY-CUM-ENTRANCE TEST - PG (NEET-PG 2025)
APPLICATION (APPLICATION ID PG25035741, ROLL NO.
25661038898) AND CONSEQUENTLY DIRECT THE
RESPONDENTS TO CONSIDER THE PETITIONER AS BELONGING
TO THE NEKAR COMMUNITY UNDER THE OTHER BACKWARD
CLASSES (OBC) CATEGORY AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
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)
1. The petitioner appeared in NEET-PG 2025 for taking
admission in Post Graduate medical courses after having
completed the MBBS degree. The last date for submission
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of the application form for NEET-PG 2025 was 07.03.2025.
Three days were provided for correction in the form i.e.,
from 09.03.2025 to 11.03.2025.
2. The petitioner applied as General Merit candidate in
his application to participate in the NEET-PG 2025. The
result of examination of NEET-PG 2025 was declared on
19.08.2025. After the declaration of the result, the
petitioner has filed this writ petition on 08.09.2025
seeking the following prayers:
"a) To permit the Petitioner to amend/modify her
category as Other Backward Classes (OBC) in the
National Eligibility-cum-Entrance Test - PG (NEET-PG
2025) application (Application ID PG25035741, Roll
No.25661038898) and consequently direct the
Respondents to consider the Petitioner as belonging
to the Nekar Community under the Other Backward
Classes (OBC) category; and
b) Pass such other suitable orders as this Hon'ble
court deems fit to grant in the facts and
circumstances of the case in the interest of justice
and equity."
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3. In sum and substance, now the petitioner want that
this Court should issue a writ of mandamus commanding
the respondent - Authorities to change her category from
General Merit candidate to OBC candidate and rework the
merit of the result of NEET-PG 2025.
4. The learned counsel for the petitioner has placed
reliance on two judgments of this Court - 1) Dr.Lakshmi
P.Gowda vs. National Board of Examinations in
Medical Sciences in W.P.No.12859/2023 dated
10.08.2023 and 2) Bhanusri.S vs. The State of
Karnataka, Department of Education in
W.P.No.15418/2024 dated 11.07.2024.
5. On the other hand, Sri Shanthi Bhushan, learned
Deputy Solicitor General appearing for respondent Nos.1
and 3, Sri Sudev Hegde, learned AGA for respondent No.4
and Sri N.K.Ramesh, learned counsel for respondent No.2
would submit that the petitioner had a window to correct
her application form if she was of the opinion that she
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belonged to OBC category as the bulletin of information
itself provided 09.03.2025 to 11.03.2025 as the date
during which a candidate would have corrected the
application if some mistake was committed in filling the
form. The petitioner did not choose to correct her category
and participated in the examination as a general merit
category candidate. Now, the petitioner wants to change
her category after she has not been successful in the
NEET-PG 2025 examination. Such a course is not open
otherwise it would upset the entire result of the NEET-PG
2025.
6. It has been further submitted that Madras High Court
in the case of Minor S. Jeyathinathan vs. The National
Testing Agency and Others in
W.P.M.D.No.13687/2024 had rejected such a prayer of
the candidate for change of category after the result was
announced and the Supreme Court has dismissed the
Special Leave Petition against the said judgment being
SLP.No.18211/2024 vide the order dated 20.08.2024.
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7. We have considered the two judgments of this Court
cited by the learned counsel for the petitioner. In the case
of Dr. Lakshmi P. Gowda (supra), this Court has
specifically held that the judgment shall not be treated as
precedent in future and in the case of Bhanusri S.
(supra), this Court has held that permitting the petitioner
in that case to her correct category in the application as
Other Backward Classes category would neither prejudice
other students nor entitle the petitioner to reap the
benefit. In that case, the application was made for
corrections before the result was announced. Here, the
petitioner has come before this Court after the result of
NEET-PG 2025 was announced. Therefore, both the cases
relied on by the learned counsel for the petitioner are
distinguishable on the facts of the present case.
8. The hold that once, a candidate has filled up his/her
form for NEET-UG/PG belonging to a particular category
and if he/she fails to correct the application form during
the period provided for correction by the National Testing
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Agency, a candidate, after declaration of the result would
not be entitled to change his/her category.
9. We, therefore, find no substance in this writ petition.
Accordingly, the writ petition is hereby dismissed,
however without costs.
SD/-
(D K SINGH)
JUDGE
SD/-
(VENKATESH NAIK T)
JUDGE
DHA
