IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 1609 OF 2025 (EDN-RES) C/W. WRIT PETITION NO. 35818 OF 2024 (EDN-RES), WRIT PETITION NO. 401 OF 2025 (EDN-RES), WRIT PETITION NO. 1064 OF 2025 (EDN-RES), IN WP NO 1609 OF 2025: BETWEEN: 1 . DR. ARAVINDKUMAR S/O VISHWANATH AGED ABOUT 31 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER PHC, AMINGAD, TQ: HUNGUND BAGALKOTE-587 112 RESIDING AT BEHIND KPTCL MATHOSHREE NIVAS AMINGAD, TQ HUNGUND BAGALKOTE-587 112 2 . DR. MANJUNATH M.N. S/O NAGAPPA AGED ABOUT 38 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER PHC YELLODU, GUDIBANDE TALUK CHIKKABALLAPUR-561 209 RESIDING AT DREAM CITY LAYOUT B.B. ROAD OPPOSITE TO INDIAN PETROL BUNK CHIKKABALLAPUR -562 101 3 . DR. KRUPESH V. S/O VIJAYKUMAR L. - 2 AGED ABOUT 32 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER PHC, BETTADATUNGA PERIYAPATNA TALUK MYSURU-571 102 RESIDING AT: 144, LOKANAYAKANAGAR MYSURU-571 102 4 . DR. PRAVEEN BOYCUT S/O NARAYANA REDDY AGED ABOUT 30 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER PHC NAVALAGI, JAMAKHANDI TALUK BAGALAKOTE DISTRICT-587 311 RESIDING AT: No.6, VENKATESHWARA NILAYA 6TH CROSS, RAMESHWAR COLONY JAMAKHANDI TALUK BAGALKOTE-587 301 5 . DR. ANILKUMAR BADNUR S/O RAMACHANDRA BADNUR AGED ABOUT 31 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER PHC KUNDARAGI, TALUK BILAGI BAGALKOT-587 116 RESIDING AT: POST- KAJJIDONI BAGALKOTE TQ BAGALKOTE-587 204 6 . DR. ANIL KUCHANUR S/O DUNDAPPA KUCHANUR AGED ABOUT 31 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER PHC, GALAGALI, BILGI TALUK BAGALKOTE-587 117 RESIDING AT: HOSUR NEAR NANDI SUGAR FACTORY BABALESHWAR TALUK BIJAPUR-586 113 ...PETITIONERS (BY SMT. HIREMATH AKKAMAHADEVI, ADVOCATE) - 3 AND: 1 . STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKAS SOUDHA, BENGALURU-560 001 2 . NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS SECRETARY POCKET 14, SECTOR I, DWARAKA PHASE NEW DELHI-110 077 3 . THE DIRECTORATE OF MEDICAL EDUCATION REPRESENTED BY ITS DIRECTOR BMC AND RI (OLD BUILDING) 1ST FLOOR, FORT, K.R. ROAD BENGALURU-560 002 4 . KARNATAKA EXAMINATION AUTHORITY REPRESENTED BY ITS EXECUTIVE DIRECTOR OFF/AT 18TH CROSS, SAMPIGE ROAD MALLESWARAM, BENGALURU-560 012 5 . THE COMMISSIONER DEPARTMENT OF HEALTH AND FAMILY WELFARE AROGYA SOUDHA, MAGADI ROAD BENGALURU-560 027 …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1, R3 & R5; SRI. N. KHETTY, ADVOCATE FOR R2; SRI. N.K. RAMESH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT IN THE NATURE OF MANDAMUS AND DIRECT THE RESPONDENT Nos.2 AND 3 TO RETAIN THE REMAINING GOVERNMENT SEATS IN GOVERNMENT COLLEGES AND THE GOVERNMENT QUOTA SEATS IN THE PRIVATE COLLEGES AS NOTIFIED IN THE SEAT MATRIX FOR THE MOP UP ROUND AND TREAT THEM AS INSERVICE QUOTA SEATS AND RESERVE THEM FOR THE INSERVICE CANDIDATES AND ETC. - 4 IN WP NO.35818 OF 2024: BETWEEN: 1 . DR. SHARATH S. S/O SHIVA KUMAR H.B. AGED ABOUT 31 YEARS R/AT No.393, 17TH CROSS ARAVINDA NAGAR, MYSURU-570 023 2 . DR. CHETHAN B. S/O BYLANARASAPPA N. AGED ABOUT 30 YEARS R/AT NIMBENAHALLI, DODDABELE NELAMANGALA BENGALURU RURAL-562 132 3 . DR. LAKSHMAN M.M. S/O MANJUNATHAN M.G. AGED ABOUT 32 YEARS R/AT No.1742, 22ND CROSS ROOPA NAGAR, BOGADI POST MYSURU-570 028 4 . DR. PRASHANTH K. S/O ERANNA KUNIKERI AGED ABOUT 33 YEARS R/AT H.No. 2-910/76/60/68 SEDAM ROAD, NEAR OKALY CAMP NGO COLONY, M.B. NAGAR GULBARGA-585 105 5 . DR. INDHUDHAR C. GURUPADDEVARMATH C/O CHANNABASAYYA AGED ABOUT 31 YEARS R/AT. 774D, PLOT No.19 HUNASIKATTI ROAD, 2ND CROSS PAMPANAGAR, B-BLOCK RANIBENNUR-581 115 6 . DR. RAJKIRAN POL S/O SHANKAR S. POL AGED ABOUT 36 YEARS R/AT No.34, BALEKUNDRI - 5 BELGAUM-591 103 7 . DR. SHIVAKUMAR KURABET S/O SHRISHAIL AGED ABOUT 31 YEARS R/AT. 118, SASALATTI JAMAKHANDI BAGALKOT-587 315 8 . DR. APARNA A. BHADRASHETTY D/O ANNAPPABHADRASHETTY AGED ABOUT 36 YEARS R/AT H. No.2-910/65/80 GOURI NILAYA, SEDAM ROAD DOCTOR'S COLONY JAYANAGAR EXTN NEAR VTU REG. OFFICE GULBARGA-585 105 9 . DR. KIRAN KUMAR PATIL S/O ANILKUMAR PATIL AGED ABOUT 31 YEARS R/AT H.No.2-46, OPP. CITY CORPORATION OPP. HANUMAN TEMPLE MAIN ROAD GULBARGA-585 105 10 . DR. SUMA KONNUR W/O NISHANT KONNUR AGED ABOUT 33 YEARS H.No.1-885/17 OLD JEWARGI ROAD VENKATESH NAGAR GULBARGA-585 102 11 . DR. WAGANAGERI SIDDU SAGAR S/O WAGANGERI VISWANADH AGED ABOUT 32 YEARS R/AT 2-909-47-73-A, OM NAGAR 1ST BLOCK, SEDAM ROAD KALABURAGI-585 105 - 6 12 . DR. AKSHATA HANAMANTGUNDAGI D/O HANAMANTGUNDAGI AGED ABOUT 30 YEARS R/AT WARD No.22, No. 149 VIVEK NAGAR WEST, BIJAPUR HUDCO COLONY BIJAPUR-586 109 13 . DR. THEJESH A. S/O ANANTHARAMU AGED ABOUT 32 YEARS R/AT No.782, MATADA ROAD BEGUR POST, SOUTH TALUK, BOMMANAHALLI, BENGALURU- 560 068 14 . DR. VIJAYKUMAR GOGERI S/O K.V. GOGERI AGED ABOUT 31 YEARS R/AT No.496, KALMESHWAR ONI HEBBALLI, BAGALKOT-587 201 ...PETITIONERS (BY SRI. SUYOG HERELE E., ADVOCATE) AND: 1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKAS SOUDHA, BENGALURU-560 001 2 . NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS SECRETARY POCKET 14, SECTOR 1, DWARAKA PHASE NEW DELHI-110 077 3 . THE DIRECTORATE OF MEDICAL EDUCATION REPRESENTED BY ITS DIRECTOR BMC AND RI (OLD BUILDING) 1ST FLOOR, FORT, K.R. ROAD BENGALURU-560 002 - 7 4 . KARNATAKA EXAMINATION AUTHORITY REPRESENTED BY ITS EXECUTIVE DIRECTOR OFF/AT 18TH CROSS, SAMPIGE ROAD MALLESHWARAM, BENGALURU-560 012 ...RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R3; SRI. N. KHETTY, ADVOCATE FOR R2; SRI. N.K. RAMESH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (i). ISSUE A WRIT IN THE NATURE OF MANDAMUS AND DIRECT THE RESPONDENT AUTHORITIES TO RETAIN THE IN-SERVICE QUOTA SEATS TILL COMPLETION OF ALL INCLUDING MOP-UP ROUNDS OF COUNSELLING IN RESPECT OF IN-SERVICE CANDIDATES IN THE NEET-PG 2024 COUNSELLING BY CONSIDERING THE REPRESENTATIONS MADE BY THE PETITIONERS (PRODUCED AT ANNEXURE-G) AND ETC. IN WP NO.401 OF 2025: BETWEEN: 1 . DR. PRASHANT DHUMGOND S/O SHARANAPPA AGED ABOUT 36 YEARS R/AT. SALOTGI BIJAPUR-586 217 2 . DR. BASAVASHREE CHANNASHETTY S/O JAGANNATH CHANNASHETTY AGED ABOUT 30 YEARS R/AT No.9-8-159, BVB COLLEGE ROAD BEHIND DATTAGIRI SCHOOL BASAVANAGAR COLONY, BIDAR-585 401 3 . DR. SYED IRFANULLA B.N. S/O NASRULLA SHARIFF AGED ABOUT 37 YEARS R/AT. MOSQUE STREET OPP. MOSQUE, BELUR HASSAN-573 115 - 8 4 . DR. SNEHA H.G. D/O GANESH H.S. AGED ABOUT 30 YEARS R/AT. SHRI RANGANATHA SWAMY NILAYA SALAGAME ROAD VISHWESHWARAIAH EXTENSION HASSAN-573 201 5 . DR. IMRAN AMBI C/O JAHURAHAMAD AGED ABOUT 35 YEARS R/AT PLOT No.2061/B SHRINATH NAGAR HINDALGA, HUKKERI BELAGAVI-591 108 6 . DR. RATNASHEELA D/O MALLIKARJUN BOMANALLE AGED ABOUT 33 YEARS R/AT No.9622/13, BEHIND SBI BANK KHUBA COLONY, BASAVAKALYAN BIDAR-585 327 7 . DR. VARUN DEVERHALLY S/O RAJESH DEVERHALLY AGED ABOUT 33 YEARS R/AT H.No.9/953/11 S B TEMPLE ROAD NEAR LALGERI CRPSS JANATA LAYOUT, BRAHMPUR GULBARGA-585 103 8 . DR. FARZANA BEGUM D/O MAHEMOOD KHAN AGED ABOUT 34 YEARS R/AT H.No.11-1041/34/3C M.S.K. MILL ROAD, IQBAL COLONY NEAR HUSSAIN GARDEN GULBARGA-585 103 9 . DR. SUJEET S/O S.M. SALUNKE H.No.80/14, KRISHNA NAGAR - 9 KUSNOOR ROAD GULBARGA-585 106 10 . DR. JAGADISH M. S/O H.V. MAHADEVA SHETTY AGED ABOUT 36 YEARS R/AT No.150/A, HUDCO COLONY BHADRAVATI, SHIVAMOGGA-577 301 11 . DR. SAGAR S/O SHANKAREGOWDA K.N. AGED ABOUT 34 YEARS R/AT No.22, KOLADA HATTI BEEDI PANDAVAPURA TALUK, CHINAKURULI HOBLI KATTERI, MANDYA-571 427 12 . DR. MANJU H.M. S/O MARISWAMY AGED ABOUT 41 YEARS R/AT No.79, HANAKERE POST HANAKERE, MANDYA-571 404 13 . DR. SETTIPALLE REDDEPPA S/O S. VENKATRAMANA AGED ABOUT 36 YEARS R/AT No.9-177, ACHARLA VANDLA PALLI BALAIAH GARI PALLI, KALAKADA CHITTOOR-517 236 ...PETITIONERS (BY SRI. SUYOG HERELE E., ADVOCATE) AND: 1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKAS SOUDHA, BENGALURU-560 001 2 . NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS SECRETARY POCKET 14, SECTOR I, DWARAKA PHASE NEW DELHI-110 077 - 10 3 . THE DIRECTORATE OF MEDICAL EDUCATION REPRESENTED BY ITS DIRECTOR BMC AND RI (OLD BUILDING) 1ST FLOOR, FORT, K.R. ROAD BENGALURU-560 002 4 . KARNATAKA EXAMINATION AUTHORITY REPRESENTED BY ITS EXECUTIVE DIRECTOR OFF/AT 18TH CROSS, SAMPIGE ROAD MALLESHWARAM, BENGALURU-560 012 …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R3; SRI. N. KHETTY, ADVOCATE FOR R2; SRI. N.K. RAMESH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (i). ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE NOTIFICATION DATED 16.12.2024 IN No.ED/KEA/PGY/ERADANE SUTTU/2024 ISSUED BY RESPONDENT No.4 NOTIFYING THE 2ND ROUND NEET-PG 2024 COUNSELING SCHEDULE TO ONLY NON- IN SERVICE CANDIDATES AND COMMUNICATION ISSUED BY THE RESPONDENT No.3 VIDE LETTER DATED 06.01.2025 IN No.DME/PGS/19/2024-25, COMMUNICATING THAT DUE TO THE CONVERSION OF IN SERVICE QUOTA SEATS DURING THE 2ND ROUND OF NEET-PG 2024 COUNSELLING, IN SERVICE QUOTA SEATS WOULD NOT BE ALLOCATED DURING THE 3RD ROUND OF COUNSELLING OF NEET-PG, 2024 (PRODUCED AT ANNEXURE-A AND A1 RESPECTIVELY) AND ETC. IN WP NO.1064 OF 2025: BETWEEN: 1 . TIPPU SULTHAN S/O MHOAMED SAFI ULLA AGED 35 YEARS RESIDING AT No.73C, 4TH BLOCK SRI. KANNIKAPARAMESHWARI TEMPLE ROAD NAGAMANGALA, MANDYA-571 432 EMAIL: zebadangel@gmail.com PH:7022222203 - 11 2 . DR. NAVYA G. APPAJI D/O GURAPPAJI M.L. AGED 34 YEARS RESIDING AT: SIDDARTHANAGARA 2ND CROSS, MALAVALLI TOWN MANDYA DISTRICT-571 430 EMAIL: navyagappaji@gmail.com PHONE: 8892952024 3 . DR. MAHALAKAHMI M. D/O MURTHY N.R. AGED 30 YEARS RESIDING AT No.4855/5855 SHRI SIDDAPPAJI NILAYA NES EXTENSION, MALAVALLI MANDYA DISTRICT-571 430 EMAIL: mahalakshmim127@gmail.com PHONE: 9483646533 4 . DR. JYOTHI D.G. D/O LATE S. DEVARAJU AGED 41 YEARS RESIDING AT: 3RD CROSS SIDDARTHANAGARA MALAVALLI TOWN MANDYA DISTRICT-571 430 EMAIL: drjyothidg@gmail.com PHONE: 9980460672 5 . DR. KIRAN KUMAR M. S/O MANJUNATH AGED 37 YEARS MANJUNATHANAGAMMA NILAYA 2ND CROSS, VINAYAKA BADAVANE MANDYA, MANDYA TALUK MANDYA DISTRICT EMAIL: kiran88manjunath@gmail.com PHONE: 9108249846 6 . HARISH KUMAR M. S/O LATE M.D. MAHADEVKUMAR AGED 32 YEARS RESIDENT OF No.122, B BLOCK - 12 4TH CROSS, SAMPATH ROAD, MAMBALLI YELANDUR TALUK CHAMARAJNAGAR DISTRICT-571 442 EMAIL- harishhari023@gmail.com PHONE NUMBER: 8095696369 7 . MANJUNATH SHANKAR KALAL S/O SHANKAR AGED 35 YEARS KALAL POST- KERUR TQ-BADAMI, DIST-BAGALKOT-587 206 EMAIL-manjunath.kalal@gmail.com PHONE: 9902499624 8 . DILEEP T.P. S/O TEJERAO PAWAR AGED 35 YEARS RESIDING AT-RANDYAL POST: DONGAON, TQ-AURAD BIDAR-DIST-585 417 EMAIL: dileeptpawar@gmail.com PHONE NUMBER: 9900169715 9 . DR. RAGHAVENDRA G.R. S/O RAJANAIAKA AGED 31 YEARS RESIDING AT NEAR B M BY-PASS ROAD CHANNAPATTANA, HASSAN TQ DISTRICT-573 201 EMAIL: raghavendra2362@gmail.com PHONE: 9379144444 10 . BHARATH AYYAPPA T.S. S/O M. THYAGARAJU AGED 34 YEARS PERMANENT ADDRESS-1279 1ST BLOCK, 10 CROSS, 3 MAIN ROAD BEL LAYOUT, VIDYARANYAPURA BENGALURU-560097 PHONE: 9611842839 EMAIL: drbharathayyappa@gmail.com ..PETITIONERS (BY SRI. ROHITH R. KAMATH, ADVOCATE) - 13 AND: 1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKAS SOUDHA, BENGALURU-560 001 PHONE: 080-2203 4234 EMAIL: hfw@karnataka.gov.in 2 . NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS SECRETARY POCKET 14, SECTOR I DWARAKA PHASE NEW DELHI-110 077 PHONE:91-11-25367033 EMAIL: pg-marb@nmcindia.gov.in 3 . THE DIRECTORATE OF MEDICAL EDUCATION REPRESENTED BY ITS DIRECTOR BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (OLD BUILDING) 1ST FLOOR, FORT, K.R. ROAD BENGALURU-560002 EMAIL: dmekamataka@yahoo.com PHONE: 080-22870060 4 . KARNATAKA EXAMINATION AUTHORITY REPRESENTED BY ITS EXECUTIVE DIRECTOR OFFICE AT: 18TH CROSS, SAMPIGE ROAD MALLESHWARAM, BENGALURU-560 012 PH: 080-2346 0460 EMAIL: keaauthority-ka@nic.in 5 . NATIONAL BOARD OF EXAMINATION IN MEDICAL SCIENCES REP. BY MEDICAL EXECUTIVE DIRECTOR MEDICAL ENCLAVE, ANSARI NAGAR MAHATMA GANDHI MARG, RING ROAD NEW DELHI, DELHI-110 029 PHONE: 011-45593000 EMAIL: edoffice@natboard.edu.in …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R3; SRI. N. KHETTY, ADVOCATE FOR R2; - 14 SRI. N.K. RAMESH, ADVOCATE FOR R4; SRI. H. SHANTHI BHUSHAN, DSGI FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR SUCH OTHER NATURE TO SET-ASIDE THE PG NEET SEAT ALLOTMENT LIST DATED 17.12.2024 ISSUED BY THE RESPONDENT No.4 KARNATAKA EXAMINATION AUTHORITY PRODUCED AT ANNEXURE-D1 AND ETC. THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 24.02.2025 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 VIJAYKUMAR A. PATIL CAV JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The substantial prayers in these batch of Writ Petitions are against the decategorization of the in-service quota seats for the PG NEET 2024 allotment. A prayer is also made to cancel the mop-up round of counseling in respect of the in-service quota seats. 2. We have heard the learned counsel appearing for the petitioners as well as learned DSGI appearing for the National Board of Examination in Medical Sciences, learned standing counsel appearing for National Medical - 15 Commission, learned Additional Government Advocate appearing for the State and the Directorate of Medical Education and the learned counsel appearing for the KEA. 3. The contention raised by the petitioners is to the effect that decategorization of the in-service seats which were available for PG medical admissions have created a situation where the rights of the petitioners who are in- service candidates have been prejudicially affected. It is contended that the petitioners who were permitted to participate in the selection by reduction of the eligibility criteria are denied the chance to avail of the in-service quota, in view of the fact that the decategorization occurred before the date on which, the eligibility criteria was brought down by the Medical Counselling Committee. 4. The writ petitioners contend that they are in- service candidates aspiring for NEET PG Seat in pursuance to the KEA Notification for the year 2024-2025. It is contended that though a quota was fixed for in-service candidates and such candidates were available for the selection, the KEA had decategorized the unfilled, in-service Quota Seats in the - 16 second round of counseling itself which had denied a chance to in service candidates to be selected against the Quota Seats. The petitioners had become eligible to participate in the selection on account of lowering of the percentile by the MCC. This Court in an earlier selection had specifically held that the in-service seats should not be decategorized till the mop-up round. It is contended that this Court in the judgment dated 26.09.2023 in W.P.No.19089/2023 (Edn- Res) held relying on the judgment of the Apex Court in Nipun Tawari and others v. State of Maharashtra and others reported in 2022 SCC OnLine SC 1501, that the decategorization of the in-service candidates quota seats should not be done till the mop-up round. However, by decategorization which has been carried out by the KEA without any provision for the same, either in the brochure or in the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006 ('2006 Rules' for short), which have been made specifically applicable to the selection by the brochure in question, the petitioners have lost their opportunity for - 17 admission to in service Quota Seats for which they are eligible. 5. The learned counsel appearing for the respondents on the other hand contended that it was on account of the fact that there were no eligible candidates available for filling up the in-service quota seats that the seats had to be decategorized so that deserving eligible candidates would get a chance to opt for the said seats as well. Our attention is drawn to clause 8(i) of the admission brochure published by the KEA on 07.07.2024. It is contended that it was specifically notified that seats reserved for in-service candidates which remain unfilled for want of eligible candidate or otherwise shall be added to the non-in service quota as per the Government/DME instructions. It is submitted that there were 353 seats in the in-service quota but only much fewer applications were received from eligible candidates. It is submitted that since there was no chance that the available seats would be filled up with eligible candidates from the quota, the decategorization, as specifically provided in the admission - 18 brochure, was carried out after the first round of counselling itself since several seats remained vacant. It is submitted that the said seats were made available to general candidates in the second round of counselling itself and that the petitioners who had become eligible only after the reduction of the percentile which occurred after the second round of counselling was over, can have no right to contend that they should be permitted to participate as in-service candidates after the seats have been decategorized. 6. The learned counsel would place reliance on the judgment of the Co-ordinate Bench of this Court in W.P.No.6735/2022 (Edn-Res), where the identical issue has been considered. It is contended that the said judgment stands affirmed by the Apex Court by dismissal of SLP No.7296/2022 on 25.04.2022. It is contended that the judgment relied on by the writ petitioners was rendered only in view of detailed interim order which was passed on 30.08.2023, directing the respondents not to decategorize the seats allotted under in-service quota, till a decision has taken with regard to lowering of the cut off percentile, if any. - 19 It is contended that in the present case, the writ petitions are filed by persons, who got the eligibility only much later and therefore the contentions cannot be considered. 7. The learned counsel appearing for the KEA submits that the brochure itself had made it abundantly clear that if any seats reserved for in-service candidates remained unfilled for want of eligible candidates or otherwise, they would be added to the non-in service quota seats. 8. The learned counsel appearing for the NMC as well as the MCC would submit that the present issue could have been avoided if the KEA and the State Government had awaited the lowering of the eligibility criteria by the MCC before decategorizing the in-service quota seats. 9. Having considered the contentions advanced, we notice that the writ petitioners are persons who have acquired eligibility to participate in the selection process only by lowering of the eligibility criteria which was notified by the MCC on 06.01.2025. It is an admitted fact that the in- - 20 service quota seats which remained vacant for want of eligible candidates in terms of the brochure stood decategorized in the second round of counselling itself, that is, even before the petitioners became eligible to participate in the selection. 10. In W.P.No.18089/2023, the situation was that the petitioners had approached the Court well in advance and an Interim Order had been passed directing the KEA and the State Government not to decategorize the seats allotted under the in-service quota till instructions are issued by the NMC with regard to alteration of cut off marks. It was in the said circumstances that the directions had been issued. In the instant case, we find that the brochure dated 07.07.2024 had a specific provision with regard to the decategorization of in-service quota seats if eligible candidates are not available. This apparently has been done in the second round for counselling. The petitioners, who acquired eligibility much later, would have no right to contend that the decategorization which happened earlier ought not to have been resorted to. We are supported in - 21 our view by the judgment of this Court dated 30.03.2022 in W.P.No.6735/2022, which has been taken up before the Apex Court without success. 11. In the above view of the matter, we are of the opinion that these Writ Petitions cannot succeed; the Writ Petitions are accordingly dismissed. However, we make it clear that it is for the MCC, NMC and KEA to provide for reasonable cut off marks for selection to Medical PG Seats and to provide a reasonable time for decategorization of seats so that any decision to lower the eligibility criteria will also be taken into account before such decategorization is effected. These matters shall be appropriately considered by the authorities concerned in future selections. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE cp*