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2025 DAILYLAW 16761 (KAR)

DR. ATUL ITTIMANI MAZHAVANCHERYPARAM v. STATE OF KARNATAKA

WP/3832/2025 · 2025-02-21

Anu Sivaraman, Vijaykumar A Patil

body2025

Judgment text

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- 1 - NC: 2025:KHC:7835-DB W.P. No.3832/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.3832/2025 (EDN-RES) BETWEEN: 1. DR. ATUL ITTIMANI MAZHAVANCHERYPARAM S/O BIJU M. ITTIMANI AGED 29 YEARS R/O. MAZHAVANCERI PARAMBATH HOUSE KAIRALI NAGAR, THRISSUR, KERALA 680005. 2. DR. HYDER ALI RAZA S/O MOHAMMED ALI NELLIKOT AGE 28 YEARS R/O NELLIKOT HOUSE, ZCHN ROAD CHALAPURAM POST, KOZHIKODE KERALA 673002. 3. DR. MARIA RENNY D/O RENNY GEORGE AGE 26 YEARS R/O KAKKANATTU PANDIRIMALA MARADY MUVATTUPUZHA, ERNAKULAM KERALA 686661. 4. DR. MOHAMMED OWAIS S/O ABDUL KADER AGED 31 YEARS R/O PANIKKAVEETTIL KURUPPATH HOUSE ENGANDIYUR, KUNDALIYUR THRISSUR, KERALA - 680616. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7835-DB W.P. No.3832/2025 5. SIDHARTH KAIPRATH PUNNAKKAL S/O MANOJ KAIPRATH PUNNAKKAL AGE 26 YEARS R/O SARADA BHAVA POST, MUNDAYAD VARAM, KANNUR KERALA 670594. …PETITIONERS (BY SRI. ABHISHEK MALIPATIL, ADV.,) AND: 1. STATE OF KARNATAKA HEALTH AND FAMILY WELFARE DEPARTMENT DEPARTMENT OF MEDICAL EDUCATION M.S.BUILDING, BENGALURU-560001 REPRESENTED BY ITS CHIEF SECRETARY. 2. KARNATAKA EXAMINATIONS AUTHORITY SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560012 REPRESENTED BY ITS EXECUTIVE DIRECTOR. …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 SRI. N.K. RAMESH, ADV., FOR R2) THIS W.P. 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 FINAL ALLOTMENT OF MOP-UP ROUND OF COUNSELLING OF THE PG- NEET 2024 CONDUCTED BY THE RESPONDENT NO.2 KARNATAKA EXAMINATIONS AUTHORITY AS NULL AND VOID, - 3 - NC: 2025:KHC:7835-DB W.P. No.3832/2025 ONLY WITH RESPECT TO THE NRI/MANAGEMENT (Q- CATEGORY) CATEGORY SEATS & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel for the petitioners and the learned AGA as well as the learned counsel appearing for the KEA. 2. The specific question raised in this writ petition is covered against the petitioners by the judgment of this Court dated 10.02.2025 in W.P.No.3293/2025 connected with W.P.No.2989/2025. 3. The learned counsel for the petitioners submits that an additional ground has been raised in this writ petition with regard to vacant/un-allotted seats in the - 4 - NC: 2025:KHC:7835-DB W.P. No.3832/2025 management quota which have remained vacant before the conduct of the mop-up round of the counseling. It is submitted that the said issue has not been considered in the earlier judgment. 4. Having heard the learned counsel appearing for the respondents also, we notice that we had specifically considered the objections which were filed by respondent No.2 - KEA with regard to the modalities for the selection to the de-categorized seats and had found that no person who was lower in merit than the writ petitioners have been considered as against the de-categorized seats. Further, we had also held that since the de-categorization had already occurred before the writ petitioners become eligible for participation in the selection, by the reduction of the percentile by the MCC, the contentions raised cannot be considered. Further, directions for future selections had also been provided by us. - 5 - NC: 2025:KHC:7835-DB W.P. No.3832/2025 5. The facts being the same here, the prayer as sought for is cannot be granted. The writ petition is accordingly dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 15