(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
"(a) Issue a writ of mandamus or any other appropriate
writ, order or direction directing the Respondent No.5 to
extend the last date for admission of the unfilled
vacancies in the medical PG courses for the year
2025-26 by permitting the KEA to conduct one more
round of counselling for the vacant seats.
NC: 2026:KHC:17772-DB
HC-KAR
(b) Issue such other order or writ, directions as may be
deemed fit in the circumstances of the case in the
interest of justice."
2. The petitioners - colleges offer postgraduate
medical course in different subjects for eligible MBBS
candidates. Various rounds of counselling were conducted by
the Karnataka Examinations Authority,1 that is respondent No.5
herein, for allotment of postgraduate seats to eligible
candidates in various colleges across the State. It is submitted
that 783 postgraduate medical seats remained unfilled even
after the stray vacancy round was published on the KEA
website. It is stated that a circular was issued by the KEA on
10.03.2026 giving a small window to those eligible candidates
to submit the demand draft of full fees and the original
documents for purpose of allotment of seats in the colleges by
11.03.2026. It is stated that many of the candidates were
unaware of the option available and due to the time constraint,
744 seats, even after the stray vacancy allotment, have
remained vacant. It is stated that as far as the petitioner-
colleges are concerned, 85 seats of various courses are lying
KEA
NC: 2026:KHC:17772-DB
HC-KAR
vacant. The contention is that these 85 seats would go waste if
the last date for admission is not extended by the KEA.
3. Reference has been made to an order passed by the
Supreme Court on 03.02.2021 in Civil Appeal No.867/2021,
[Index Medical College, Hospital and Research Centre vs. The
State of Madhya Pradesh and Others] to contend that Sub-Rule
8(a) of Rule 12 of the Admission Rules (Madhya Pradesh
Chikitsa Shiksha Pravesh Niyam), 2018 which provided that the
vacant seats as a result of allotted candidates from MOP-UP
round not taking admission or candidates resigning from
admitted seat shall not be included in the college level
counselling (CLC) being conducted after MOP-UP round, was
held to be ultra-vires Articles 14 and 19(1)(g) of the
Constitution. Further reference has been drawn to the order
passed by the Bombay High Court on 26.02.2026 in
Writ Petition No.2668 of 2026 [ Dr. N. Y. Tasgaonkar Institute
of Medical Science and Another vs. State of Maharashtra and
Others] which is an interim order passed by the Bombay High
Court. It was argued before the Court that under Rule 14 of the
Maharashtra Unaided Private Professional Educational
Institutions (Regulation of Admissions to the Full Time
NC: 2026:KHC:17772-DB
HC-KAR
Professional Post Graduate Medical and Dental Courses) Rules,
2017 as amended by the 2018 Rules, holding of Institutional
Level Round for vacant seats after CAP MOP-UP rounds has
been provided. It was submitted that after stray vacancy
rounds and mop-up rounds, 18 vacant seats remained. Having
regard to another petition, the Bombay High Court observed
after considering an order passed in the context of Rule 16 for
UG course which was similar to Rule 14 for PG Course, the
Bombay High Court arrived at a prima facie view that a circular
dated 24.07.2023 issued by NMC2 prohibiting institutional level
stray vacancy round, was in the form of an Executive
Instruction and could not operate in a manner that would run
counter to Rule 16. Therefore, it was directed by the Bombay
High Court that necessary steps be taken in accordance with
Rule 14 of the Rules to enable the vacant seats to be filled up
by the petitioner - Institution after the CAP/stray vacancy
rounds coming to an end through Institutional Level Round with
the prior approval of the Competent Authority.
National Medical Commission
- 10 -
NC: 2026:KHC:17772-DB
HC-KAR
4. Further reference has been made to a judgment
passed by this Court on 25.02.2026 in Writ Petition No.2386 of
2026 wherein, while considering the petition filed by certain
in-service candidates for admission to PG course on the basis of
reservation, extension of time for seat allotment was granted
by this Court. The learned counsel for respondent No.6 has also
referred to certain judgments passed by the Supreme Court
and other High Court to contend that the relief being sought for
by the petitioners cannot be granted.
5. The petitioners before this Court are private medical
colleges. It is not as if the candidates eligible for admission to
the PG courses have filed the petition. The mandamus being
sought for in the instant petition could only be considered for
grant had the petitioners been able to demonstrate any legally
enforceable right conferred by any statute that was not being
observed by the respondents. This has not been done. The
judgments of the Bombay High Court and the Madhya Pradesh
High Court are in the background of a different set of facts and
different provisions of law, which, admittedly, has not been
shown to be applicable in this State.
- 11 -
NC: 2026:KHC:17772-DB
HC-KAR
6. The judgment of the Supreme Court that is being
relied upon in Index Medical College, considered the vires of
Rule 12(8)(a) of the Admission Rules of 2018 as applicable in
Madhya Pradesh. It is not demonstrated by the counsel that
any such college level counselling, as is referred to in
Rule 12(8)(a) of the Admission Rules is permissible in the State
of Karnataka. The learned counsel for respondent No.5 also
states that there is no provision for college level counselling in
the state of Karnataka. We are in respectful agreement with the
observations made by the Supreme Court in the judgment.
However, that judgment is not applicable in the facts and
circumstances of the present case.
7. Learned counsel for respondent No.6 has referred
to the judgments of the Supreme Court in the case of Ashish
Ranjan and others vs. Union of India and others [2016(11)
SCC 225] in which decision the Supreme Court directed that
the order be sent to the Chief Secretaries of all the States so
that they can ensure that all the stakeholders follow counselling
the schedule under the Post Graduate Medical Regulations in
letter and spirit and not make any deviation there from. It is
- 12 -
NC: 2026:KHC:17772-DB
HC-KAR
stated that a Miscellaneous Application was moved bearing
Miscellaneous Application No.500 of 2026 in the case of Ashish
Ranjan for modification of time schedule for completion of
process of admission in the postgraduate Medical course for the
Academic Session 2025-26. The Supreme Court allowed the
Miscellaneous Application and extended the last date of
admission to the postgraduate Medical Courses to 28.02.2026
for All India Quota as well as Deemed & Central Institutes and
State Counselling for the Academic Year
2025-26. Accordingly, for the NEET-PG Schedule, 2025, for the
All India Quota / Deemed / Central State Quota, 28.02.2026
was the last date fixed by the MCC.
8. In the aforementioned judgment dated 25.02.2026
passed by this Court, this Court was considering the writ
petition filed by eligible candidates seeking a direction to the
respondents to offer five de-categorized in-service seats, which
remained unfilled after the second round, to the in-service
petitioners who can choose the said seats on first
priority/preference basis before the commencement of the third
round. In that case, it was admitted to the respondents that
- 13 -
NC: 2026:KHC:17772-DB
HC-KAR
the requisite Form - H which provided for creamy layer
certification of OBC candidates was not available at the relevant
time since, firstly, the petitioners had no information about
availing Form - H nor were they provided Form - H by the
Tahsildar until after directions were issued by this Court in
another petition. Under those facts and circumstances, relying
upon observations made by the Court in Writ Petition
No.11014/2025, orders were passed by the Court directing that
the two petitioners be treated as in-service candidates and they
be offered first preference in the order of merit along with the
petitioner of Writ Petition No.11014/2025 to choose from the
available regular PG seats and seats for DNB courses which are
offered only to Health and Family Welfare in-service
Candidates. In view of the order passed, extension of time for
conclusion of the Mop-up round and the stray vacancy round
was provided with a further direction that the entire process be
concluded on or before 18.03.2026. The facts of that case are
distinguishable from the present case.
9. Accordingly, the KEA had taken steps and as per
the instructions received by the learned counsel for the KEA,
- 14 -
NC: 2026:KHC:17772-DB
HC-KAR
the process was completed on 12.03.2026 which was the last
date for reporting to the colleges concerned.
8. Therefore, we find these petitions to be without
merit and thus they are accordingly dismissed.
Sd/-
(JAYANT BANERJI)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
KG
List No.: 2 Sl No.: 3
