- 1 - NC: 2025:KHC:3518-DB W.P. No.2002/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.2002/2025 (EDN-RES) BETWEEN: DR. AISHWARYA D.G. D/O DR. DINESH G.G. AGED 26 YEARS R/O NO.216/8/1, VARALAKSHMI NIVAS UPPER PLACE ORCHARDS SADASHIVANAGAR BENGALURU-560080. …PETITIONER (BY SRI. ABHISHEK MALIPATIL, ADV.,) AND: 1. STATE OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT DEPARTMENT OF MEDICAL EDUCATION M.S.BUILDING, BENGALURU-560001 REP. BY ITS CHIEF SECRETARY. 2. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS MALLESHWARAM, BENGALURU-560012 REPRESENTED BY ITS EXECUTIVE DIRECTOR. 3. MEDICAL COUNSELLING COMMITTEE DIRECTORATE GENERAL OF HEALTH SCIENCES MINISTRY OF HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3518-DB W.P. No.2002/2025 NO.354, NIRMAN BHAVAN DELHI - 110011 REPRESENTED BY ITS DIRECTOR. 4. SRINIVAS INSTITUTE OF MEDICAL SCIENCES AND RESEARCH CENTRE, SRINIVASNAGAR, MUKKA, SURATHKAL MANGALORE- 574146 REPRESENTED BY ITS DEAN. …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 SRI. N.K. RAMESH, ADV., FOR R2 SRI. H. SHANTHI BHUSHAN, DSGI FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DECLARING THAT THE PETITIONER IS ENTITLED TO UPGRADE SEATS UP TILL THE 3RD ROUND OF THE PG-NEET-2024 COUNSELLING CONDUCTED BY THE KARNATAKA EXAMINATIONS AUTHORITY. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE RESPONDENT NOS.1 AND 2 TO PERMIT THE PETITIONER TO PARTICIPATE IN THE 3RD ROUND OF THE PG-NEET-2024 COUNSELLING CONDUCTED BY THE KARNATAKA EXAMINATIONS AUTHORITY AND TO UPGRADE THE SEAT ALREADY ALLOTTED TO THE PETITIONER IN THE 2ND ROUND OF PG-NEET-2024 COUNSELLING CONDUCTED BY THE KARNATAKA EXAMINATIONS AUTHORITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - NC: 2025:KHC:3518-DB W.P. No.2002/2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition is filed seeking the following reliefs: i. Issue a writ in the nature of mandamus or any other appropriate writ or order or direction, declaring that the petitioner is entitled to upgrade seats up till the 3rd round of the PG- NEET-2024 counselling conducted by the Karnataka Examinations Authority; and ii. Issue a writ in the nature of mandamus or any other appropriate writ or order or direction, directing the Respondents No.1 and 2 to permit the petitioner to participate in the 3rd round of the PG-NEET-2024 counselling conducted by the Karnataka Examinations Authority and to upgrade the seat already allotted to the petitioner in the 2nd round of PG-NEET-2024 counselling conducted by the Karnataka Examinations Authority. 2. It is submitted by the learned counsel appearing for the petitioner that the petitioner, who is an aspirant for a PG Medical seat, has participated in the first - 4 - NC: 2025:KHC:3518-DB W.P. No.2002/2025 and second rounds of counselling conducted in terms of Annexure-B - Brochure issued by respondent No.2 - Karnataka Examinations Authority (KEA). It is submitted that she has been allotted a seat in the second round and that she has secured admission in respondent No.4- College and has also paid the fees and been admitted there. 3. It is contended by the learned counsel for the petitioner that in respect of All India Quota seats, respondent No.3 - Medical Counselling Committee (MCC) has permitted the participants in the counselling process to improve their options in the third round of counselling, which was previously called as the 'Mop-up' round as well. It is submitted that this decision was taken by respondent No.3 in August, 2024, after the issuance of Annexure-B brochure. It is further contended that Annexure-B itself provides that the eligibility to participate in each round including the mop-up round will be subject to the conditions stipulated from time to time by the MCC. It is - 5 - NC: 2025:KHC:3518-DB W.P. No.2002/2025 contended that since the MCC has permitted the candidates who have appeared in the first and second round of counseling and who have secured seats in either of those rounds also to participate in the third round of counseling and to better their options, if such options are available. It is contended that this has been made possible by an amendment of the criteria for the All India Quota seats and that earlier, even persons who had been allotted seats in either of the first two rounds of State counseling were not be eligible to participate in the third round in the All India Quota also. 4. It is submitted by the learned counsel for the petitioner that since now respondent No.3 permits candidates in the All India Quota who have been participated in the first and second rounds of counselling and may have obtained seats in such rounds also to participate in the mop-up round, the same should be made applicable to the State Quota seats as well. - 6 - NC: 2025:KHC:3518-DB W.P. No.2002/2025 5. Learned counsel appearing for respondent No.2-KEA submits that the brochure of the KEA was one issued on 07.07.2024. It was clearly stated in the brochure that persons who participate in the first two rounds of counselling and secure seats in either of the first two rounds, would be ineligible to participate in the mop- up round of counselling. It is submitted that the said provision in the KEA brochure stands un-amended and that there is no challenge raised by the writ petitioner as against such provision in the brochure. It is further contended that the fact that participation in the third round of counseling under the All India Quota has been made available even to the candidates who have secured seats in the first two rounds of counselling will make no difference to the situation since in the All India Quota, registrations and options are independently provided for all four rounds of counselling. 6. Learned counsel for the KEA would also place on record the judgment of this Court dated 29.08.2017 in - 7 - NC: 2025:KHC:3518-DB W.P. No.2002/2025 W.P.Nos.39109-39110/2017, where the provisions with regard to allotment of seats and post seat allotment procedure for the UG allotment to MBBS has been specifically considered by this Court and it has been found that without a challenge being made against such procedure, there cannot be a request for change in such procedure which has been duly notified by the KEA. 7. Learned Deputy Solicitor General of India appearing for respondent No.3-MCC would also submit that the change in the criteria with regard to admission to All India Quota seats and the permission to participate in the third round granted even to the persons who have participated and procured allotment of seats in the first two rounds is limited to All India Quota and that the State Governments and the competent authorities conducting the counselling are free to provide the separate criteria with regard to allotment of other seats. It is submitted that since the brochure issued by the KEA specifically states that the permission for third round of counselling is - 8 - NC: 2025:KHC:3518-DB W.P. No.2002/2025 to be limited to those persons who have not secured seats in the first and second rounds, the change in the criteria for All India Quota cannot be made automatically applicable to the mop-up round being conducted for allotment of seats by the States or the competent authorities including respondent No.2. 8. Learned counsel for the petitioner then brought to our notice that Annexure-H, a communication dated 15.01.2025, issued by respondent No.2 with regard to Online Registration, Verification of documents and seat allotment - due to lowering of qualifying percentile in NEET PG - 2024 for PG Medical seats. It is submitted that the said communication would read as follows: "Hence, all the PG Medical candidates who are eligible due to lowering of qualifying percentile can register, submit the application online and pay the fees from 6.00 pm on 15-01-2025 to 18-01-2025 before 11.00 am to become eligible to participate in the Mop-up round seat allotment only for the available PG Medical seats along with other eligible candidates." - 9 - NC: 2025:KHC:3518-DB W.P. No.2002/2025 9. We have considered the contentions advanced on either side. We notice that the brochure for admission to the State quota seats for PG-Medical Admissions has been notified as early as on 07.07.2024. It is not in dispute that the brochure specifically provided that the mop-up round of counseling after the first and second rounds of counseling would be limited to candidates who have not joined colleges after allotment of seats in the first two rounds of counseling. The brochure is not under challenge before us. We notice that an identical provision with regard to UG-Seats had been subjected to challenge before this Court and had been upheld by the judgment of this Court dated 29.08.2017 which is relied on by the learned counsel for the KEA. Further, we also notice that the change in the procedure and the permission granted to candidates who have secured seats in the first two rounds of counseling to participate in the third round of counseling which is relied on by the learned counsel for the petitioner is limited to the All India Quota scheme and it is the - 10 - NC: 2025:KHC:3518-DB W.P. No.2002/2025 specific case of respondent No.3 that the said provision would not be applicable to the counselling procedure prescribed under Annexure-B brochure. The communication dated 15.01.2025 also relates only to submission of options by those who have become eligible for participation in the mop-up round on account of lowering of qualifying the percentile and that there is no fresh rejection provided for persons who have already been allotted seats in the first two rounds. 10. In the above view of the matter and in view of the specific provisions contained in Annexure-B - Brochure, we are unable to accept the contentions raised by the learned counsel appearing for the petitioner that the eligibility to participate in each round is subject to conditions stipulated by MCC would mean that the change in criteria under All India Quota scheme is to be automatically made applicable to the students participating for admission to State Quota seats as well. - 11 - NC: 2025:KHC:3518-DB W.P. No.2002/2025 11. In the above view of the matter, we are of the opinion that the prayer as sought for by the petitioner cannot be granted, accordingly writ petition fails and the same stands dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 11