- 1 - NC: 2025:KHC:6499-DB WP No. 4065 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 4065 OF 2025 (EDN-RES) BETWEEN: 1. CHANDANA M.N. D/O NAGARAJU AGED ABOUT 25 YEARS R/O. MANCHENAHALLI VILLAGE BEKKA POST, CHANNARAYAPATNA HASSAN-573 135 NEET RANK:16,580 ALLOTTED - MS OBSTETRICS AND GYNAECOLOGY VYDEHI INSTITUTE OF MEDICAL SCIENCE BENGALURU (GM CATEGORY)-FEE PAID NOT REPORTED 2. DR. TRUPTI D/O VEERESH AGED ABOUT 26 YEARS R/O. No.206, 5TH BLOCK B-2 WING, SKYLINE APARTMENT CHANDRA LAYOUT BENGALURU-560 040 NEET PG RANK-32,404 ALLOTTED COLLEGE-MS OPTHOLMOLOGY, JJMC DAVANGERE (GM-PH CATEGORY)-NOT PAID FEE AND NOT REPORTED TO COLLEGE 3. DR. BHARATH KUMAR K.T. S/O THIPPE SWAMY K. AGED ABOUT 28 YEARS R/O. No.164, Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:6499-DB WP No. 4065 of 2025 NEAR MARAMMA TEMPLE ALUR POST, KUDLIGI BELLARY-583 218 NEET RANK-32,271 ALLOTTED COLLEGE -MD ANAESTHESIA SUBBAIAHA INSTITUTE OF MEDICAL SCIENCES SHIMOGA, FEES PAID-NOT REPORTED 4. DR. SANJAY S/O SUBBEGOWDA V. AGED ABOUT 25 YEARS R/O. MEREVEGOWDARA KUTREERA JAYANAGARA 2ND MAIN, 4TH CROSS MYSURU-570 014 NEET RANK-26,988 ALLOTTED COLLEGE - MD ANAESTHESIA KVG MEDICAL COLLEGE, SULIA FEES NOT PAID, NOT REPORTED 5. DR. MADHUSH H.J. S/O H.C. JAGADEESH AGED ABOUT 25 YEARS R/O. YELLAPUR TUMAKURU-572 101 NEET RANK-31,148 ALLOTTED COLLEGE - MD RESPIRATORY MEDICINE OXFORD MEDICAL COLLEGE, BENGALURU (GM-P CATEGORY) - FEES PALD, NOT REPORTED 6. DR. GAUTHAM M.M. S/O MANJUNATH M.L. AGED ABOUT 28 YEARS R/O. No.1048/2, 3RD CROSS 2ND MAIN, KTJ NAGARA DAVANGERE-577 002 NEET RANK-34,685 ALLOTTED COLLEGE - MD PATHOLOGY BMC, (GM CATEGORY) - FEES PALD - NOT REPORTED - 3 - NC: 2025:KHC:6499-DB WP No. 4065 of 2025 7. DR. RAKSHITHA V. D/O M.G. VIJAY KUMAR AGED ABOUT 27 YEARS R/O. No. 364, OLD POST OFFICE ROAD GUNIGANTIPALYA, MULBAGAL KOLAR-563 131 NEET RANK- 19,475 ALLOTTED COLLEGE - MD PAEDIATRICS MVJ MEDICAL COLLEGE, BENGALURU FEES PAID - NOT REPORTED …PETITIONERS (BY SMT. HIREMATH AKKAMAHADEVI, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION VIKASA SOUDHA, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY 2. NATIONAL MEDICAL COMMISSION POCKET 14, SECTOR 8, DWARKA NEW DELHI-110 007 REPRESENTED BY ITS SECRETARY 3. KARNATAKA EXAMINATIONS AUTHORITY (KEA) 18TH CROSS ROAD, SAMPIGE ROAD MALLESHWARA-560 012 BY ITS EXECUTIVE DIRECTOR 4. DIRECTORATE OF MEDICAL EDUCATION K.R. ROAD, FORT BENGALURU-560 002 REPRESENTED BY ITS DIRECTOR …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R4; SRI. N. KHETTY, ADVOCATE FOR R2; SRI. N.K. RAMESH, ADVOCATE FOR R3) - 4 - NC: 2025:KHC:6499-DB WP No. 4065 of 2025 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT OF CERTIORARI, QUASHING THE SMS DATED 10.02.2025 AT 2:06 PM AND THE SMS DATED 10.02.2025 AT 2:50 PM SENT BY THE 3RD RESPONDENT TO THE PETITIONERS, PRODUCED AS ANNEXURES-E AND F RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, 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 appearing on either side. 2. It is submitted by the learned counsel appearing for the petitioners that this Court, in an earlier round of writ petition in W.P.No.2848/2025, had specifically directed that the petitioners and the similarly situated candidates who were eligible to participate in the mop-up round of counseling should be permitted to participate in the stray vacancy round, so that the seats - 5 - NC: 2025:KHC:6499-DB WP No. 4065 of 2025 which have fallen vacant would also be allotted on the basis of merit among the eligible candidates. 3. It is submitted that even though the petitioners and other similarly situated candidates were eligible to participate in the mop-up round and had not joined the seats which were allotted to them in the mop-up round, they were permitted to participate in the stray vacancy round only on payment of penalty of Rs.2,00,000/-. 4. Having considered the contentions advanced and in the light of the specific findings recorded in the judgment in W.P.No.2848/2025, we are of the opinion that requiring the petitioners who had approached this Court and similarly situated candidates who were eligible to participate in the mop-up round to pay penalty for participating in the stray vacancy round is not justifiable under any circumstances. 5. We therefore clarify that the petitioners and similarly situated candidates, who were eligible to - 6 - NC: 2025:KHC:6499-DB WP No. 4065 of 2025 participate in the mop-up round and who wish to participate in the stray vacancy round should be permitted to do so, subject to their eligibility, without payment of any penalty, after surrendering their seats allotted in the mop-up round. In case any penalty has been collected from the students who were similarly situated like the petitioners herein and who were eligible to participate in the mop-up round, the same will be duly refunded to the students by the Karnataka Examinations Authority (KEA). The KEA will also notify the last date for surrender of the seats already allotted in the mop-up round so as to make the students eligible to participate in the stray vacancy round and the last date for surrendering the seats already opted in the stray vacancy round in the website of KEA. 6. We make it clear that the eligibility of the candidates to participate in the stray vacancy round will be referable to their eligibility to participate in the mop-up round. - 7 - NC: 2025:KHC:6499-DB WP No. 4065 of 2025 7. With the above observations, the writ petition stands disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 8