Karnataka High Court
Dr. Aman Ravindranath Rai vs State Of Karnataka on 16 April, 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF APRIL, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT PETITION NO. 6060 OF 2025 (EDN-RES)
BETWEEN:
DR. AMAN RAVINDRANATH RAI
S/O RAVINDRANATH RAI
AGED ABOUT 28 YEARS
R/O. 4-3-318/2, LAXMI NIVAS
3RD CROSS, KODIALGUTHU EAST
MANGALURU
DAKSHINA KANNADA-575 003
...PETITIONER
(BY SMT. AKKAMAHADEVI HIREMATH, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF MEDICAL EDUCATION
VIKASA SOUHA, BENGALURU-560 001
REP. BY ITS SECERETARY
2. DIRECTORATE OF MEDICAL EDUCATION
K.R. ROAD, FORT
BENGALURU-560 002
REP. BY ITS DIRECTOR
3. KARNATAKA EXAMINATIONS AUTHORITY (KEA)
18TH CROSS ROAD, SAMPIGE ROAD
MALLESWARAM-560 012
BY ITS EXECUTIVE DIRECTOR
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4. DR. GOURI
R/O. # 570 A, USHAS CMS II
CHERTHALA, ALAPPUZHA
KERALA-688 524
(AMENDED V.C.O. DATED 11.03.2025)
...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R2;
SRI. N.K. RAMESH, ADVOCATE FOR R3
SRI. ABHISHEK MALIPATIL, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A
WRIT OF CERTIORARI, QUASHING THE ALLOTMENT ORDER TO
THE RANK No.148431 RANK IN DERMATOLOGY IN AJ INSTITUTE
OF MEDICAL SCIENCES, MANGALORE IN THE FINAL ALLOTMENT
OF STRAY ROUND OF COUNSELING DATED 25.02.2025
CONDUCTED BY THE 3RD RESPONDENT, PRODUCED AS
ANNEXURE-C AND ETC.
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED FOR JUDGMENT ON 24.03.2025 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 RAJESH RAI K
CAV JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The prayers in the writ petition are as follows:-
a) Issue a writ of certiorari, quashing the allotment order to the Rank No.148431 rank in Dermatology in AJ Institute of Medical Sciences, Mangalore in the Final Allotment of Stray Round of Counseling dated 25.02.2025 conducted by the 3rd respondent, produced as Annexure C.
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b) Direct the 3rd Respondent to allot the Dermatology seat in AJ Institute of Medical Sciences to the Petitioner.
2. It is submitted by the learned counsel appearing for the petitioner that the Karnataka Examinations Authority (KEA) had conducted the Mop-Up Round of PG NEET counseling in violation of the Information Bulletin and Brochure published by it. This has led to a batch of writ petitions which led to judgment dated 04.02.2025 in W.P.No.2848/2025 finding that the conduct of the Mop-Up Round by the KEA by permitting students who had been allotted seats under the All India Quota to participate was against the specific provisions of the KEA brochure. The writ petitions were allowed. The KEA was directed to cancel the allotments made in violation of the brochure and to make available those seats also in the Stray Vacancy Round of counselling. All persons who were eligible to participate in the Mop-Up Round were permitted to participate in the Stray Vacancy Round so that the seats which had fallen vacant would also be allotted on the basis of the merit among the eligible candidates. It is submitted that thereafter, on a
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4 further writ petition being filed, this Court by judgment dated 13.02.2025 in W.P.No.4065/2025, held that penalty shall not be imposed on students giving up the seats allotted in the Mop-Up Round since the mistake was committed by the KEA. The students who wanted to give up the seats allotted in the Mop-Up Round were permitted to do so and to participate in the Stray Vacancy Round after surrendering the seats allotted in the Mop-Up Round. It is submitted that though notice was given on 15.02.2025 by the KEA directing all students to surrender their seats before 4:00 p.m, on 17.02.2025, the later notices issued on 17.02.2025 and 21.02.2025, permitted candidates to register for the Stray Vacancy Round even without giving up the seats allotted in the Mop-Up Round. It is submitted that this was against the specific directions issued by this Court and is therefore in contempt of such directions.
3. The learned counsel for the petitioner submits that due to the candidates holding on to the seat allotted in the Mop-Up Round, which could not have been done in terms of the brochure, and still participating in the Stray
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5 Vacancy Round, a situation has arisen where a lower merited candidate has been permitted to take a seat which the writ petitioner, a higher merited candidate has opted for. The writ petitioner's NEET Rank is 126227, while the fourth respondent's rank is 148431. It is contended that respondent No.4 has been allotted a seat in M.D. Dermatology in A.J. Institute of Medical Sciences in the Stray Vacancy Round which seat the petitioner had opted for.
4. The KEA has filed statement of objections contending that the petitioner had entered as many as 12 priority options in the Mop-Up Round, in which he had not opted the subject M.D. Dermatology in the A.J. Institute of Medical Sciences for which he is now staking his claim. If the petitioner had entered this college as one of his priority options perhaps there was all the chance for him to get this seat in the Mop-Up Round. In the Mop-Up Round, the said Dermatology seat in A.J. Institute of Medical Sciences was allotted to one Aditya G., with Rank No.130977 which was his 144th priority option. After allotment he had paid the fee
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6 and downloaded admission Order but not confirmed joining of the college. By order dated 04.02.2025 passed by this Court in Writ Petition No. 2848/2025 directing KEA to cancel the seats available in the Stray Vacancy Round to the petitioners and other similarly placed students and that this respondent has scrupulously implemented the directions issued by this Court. The students who had participated in the Mop-Up Round and obtained the seat were also permitted to enter options in the Stray Vacancy Round. During the Stray Vacancy Round, the petitioner entered only two colleges as his priority options.
5. It is contended that when the petitioner was counselled, the seat held by Aditya G., in the Mop-Up Round was not released by him and when Aditya G., appeared for counselling, released the seat held by him. The seat so released by him was opted by the fourth respondent with Rank 148431 who had entered this college as one of her options, paid the fee and has taken the seat. It is also submitted that the counselling for allotment of seat is taken up as per the Rank and as per the options entered by the
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7 student and the online seat allotment logic allows the seat vacated by a student will be available to the next eligible candidate. A direction was issued by this Court in Writ Petition No.35527/2024 dated 28.01.2025 to notify all the vacant seats and web host the same. It is submitted that the same procedure was followed in the instant case as the students who secured seats in Mop-Up Round were allowed to participate in the Stray Vacancy Round, nevertheless, the seat held by them was also notified as virtual seats since in the event of the seat held by a student is vacated, the same seat shall have to be made available to the next eligible candidate. The petitioner is a beneficiary of such procedure adopted by KEA, otherwise he could not have entered option of M.D. Dermatology in A.J. Institute of Medical Sciences which was not opted by him earlier. In normal course, the student who had taken a seat in the Mop-Up Round has to necessarily join the allotted college, but in view of the directions issued in Writ Petition No. 2848/2025, there was a deviation from the normal procedure. It is submitted that out of 275 virtual vacancy seats published, only 64 students
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8 opted for up-gradation and the rest of the students reconciled with the seat held by them in the Mop-Up Round.
6. Learned counsel appearing for Respondent No.4 has also filed objections contending that having completed the MBBS course, he appeared for NEET PG 2024 conducted by the NBE, securing Rank No.148431. The KEA issued an E- Information Bulletin on 07.07.2024, detailing the admission process for MD/MS/MDS-2024 courses, including four rounds of counselling - 1st, 2nd, 3rd(Mop-up), and 4th (Stray Vacancy). The KEA notifications specified that eligibility for each round was subject to conditions stipulated by the Medical Counselling Committee (MCC). Further, KEA permitted candidates to hold their previously allotted seats while participating in later rounds. The procedure for the creation of virtual vacancies and their conversion into real vacancies upon seat allotment was in line with the established protocols of KEA and MCC. The KEA, vide notifications dated 15.02.2025, 17.02.2025, and 21.02.2025, clarified that candidates allotted seats in the Mop-Up Round could retain them while participating in the
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9 Stray Vacancy Round and that such retained seats would be designated as virtual vacancies until the candidate opted for an alternative allotment.
7. In accordance with the said notifications, respondent No.4 applied for the Stray Vacancy Round, submitting an application to KEA on 28.02.2025, and entered several options in the option list, prioritizing M.D. Dermatology, M.D. Psychiatry, and M.D. Radio Diagnosis. On 25.02.2025, KEA announced the Stray Vacancy Round allotment, wherein respondent No.4 was allocated an M.D. Dermatology seat under the Management Quota at A.J. Institute of Medical Sciences, Mangalore. Respondent No.4 duly completed the admission formalities, including fee payment on 27.02.2025, and reporting to the institution on 28.02.2025. The institution issued a reporting letter confirming admission of respondent No.4 and all requisite fees were paid. Consequently, respondent No.4, having completed the admission process, did not participate in the Second Stray Vacancy Round. The entire admission process for PG Medical seats for the academic year 2024-25 was
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10 completed by 20.03.2025, as per the MCC schedule dated 05.03.2025.
8. It is contended that the M.D. Dermatology seat at A.J. Institute of Medical Sciences, Mangalore, with code 'M31QC1', was initially allotted to Rank No.130977 in the Mop-Up Round. Pursuant to KEA's notifications, this candidate retained the seat while participating in the Stray Vacancy Round, rendering the seat a virtual vacancy, which would become a real vacancy only if the candidate was allotted another seat. The petitioner, holding Rank No.126227, had entered only the M.D. Dermatology seat at A.J. Institute of Medical Sciences as an option. During the petitioner's counselling session, the seat remained a virtual vacancy and since no other options were provided, the petitioner was not allotted any seat. Subsequently, Rank No.130977 was allotted M.D. Dermatology thereby converting the virtual vacancy at A.J. Institute of Medical Sciences into a real vacancy. This real vacant seat was then allotted to respondent No.4, who was the next eligible candidate as per the KEA's notified procedure. The
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11 petitioner, fully aware of KEA's notifications, failed to challenge the process and cannot claim entitlement to the seat merely by virtue of higher rank.
9. It is further contended that respondent No.4 had also listed additional options at Rank No.88 ('M47QC1') and Rank No.117 ('M19QC5'), which were subsequently allotted to candidates with lower merit (Rank Nos.156623 and 153723, respectively). The KEA concluded the counselling process on 20.03.2025, and respondent No.4, having secured admission, paid the requisite fees and reported to the institution, thereby altering their position. Any attempt to displace respondent No.4 at this stage would result in grave financial loss and undue hardship. Since, the allotment was made strictly as per KEA's notified procedure, the petitioner has neither challenged the Notifications dated 21.02.2025 and 24.02.2025 nor alleged malafides against respondent No.4.
10. The learned AGA appearing for respondents No.1 and 2 supports the contentions of the KEA and has placed reliance on the following judgments:-
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• Dr. Rajini C.K v. The State of Karnataka and others by Order dated 19.01.2024 passed in W.P.No.24070/2023; and • Karnataka Examination Authority v. Rajini C.K and others by Orders dated 18.03.2024 passed in Special Leave to Appeal (C) No(s). 5282-5283/2024 \
11. Having considered the contentions advanced, we notice that the Writ Petition has been filed on 27.02.2025, after the Stray Vacancy Round of counselling had also taken place. When this Writ Petition is taken up for consideration, all rounds, including the Special Stray Vacancy Round are complete. There is no allegation raised that the violation of the rules of counseling in the Stray Vacancy Round was done by the KEA with malafide intentions or to favour any particular candidate or candidates. While it is indeed true that this Court had specifically directed the candidates who had already been allotted seats in the Mop-Up Round of counselling who wanted to participate in the Stray Vacancy Round to "give up their seats and participate", the KEA, by it's notices dated 17.02.2025 and 21.02.2025, had permitted candidates who were allotted seats in the Mop-Up
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13 Round also to participate even without giving up such seats. By the judgment dated 18.02.2025 in W.P.No.4723/2025, this Court had made it clear that the eligibility to participate in the Stray Vacancy Round of counselling to be conducted by the KEA will be strictly in accordance with the judgment in W.P.No.2848/2025 as well as the notice of the MCC dated 14.02.2025.
12. While the action taken by the KEA was not contemplated by the brochure or by the directions of this Court, we are of the opinion that any interference at this stage of the admission proceedings, will result in undue hardship to a large number of students. Though the learned counsel for the NMC made an impassioned plea for award of compensation or costs, we are not convinced that this is a fit case for such an exercise.
13. In the circumstances, we accept the explanation offered by the KEA and close this writ petition with a strong admonition to the KEA for violating the orders of this Court and indeed their own e-brochure.
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The writ petition is accordingly closed without further orders.
Sd/-
(ANU SIVARAMAN) JUDGE Sd/-
(RAJESH RAI K) JUDGE cp*