- 1 - NC: 2025:KHC:7228-DB W.P. No.4554/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.4554/2025 (EDN-RES) BETWEEN: DR. DIVYA S. NIDHI D/O SUBRAMANYA S.V. AGED ABOUT 28 YEARS R/AT NO.1057, 36TH CROSS 28TH MAIN, JAYANAGAR 4TH T BLOCK BENGALURU - 560 041 NEET RANK NO.154684 CATEGORY GM, ALLOTTTED M.S. PAIDETRICS SRI SIDDHARATHA MEDICAL COLLEGE TUMKURU FEE PAID. …PETITIONER (BY SRI. SRINIVASA MURTHY D, ADV.,) AND: 1. STATE OF KARNATAKA DEPARMENT OF MEDICAL EDUCATION VIKAS SOUDHA, BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY. 2. NATIONAL MEDICAL COMMISSION POCKET 14, SECTOR 8, DWARAKA NEW DELHI 110 007 REPRESENTED BY ITS SECRETARY. 3. MEDICAL COUNSELLING COMMITTEE (MCC) DIRECTOR GENERAL OF HEALTH SERVICES Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7228-DB W.P. No.4554/2025 MINISTRY OF HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA ROOM NO.352, A WING NIRMAN BHAVAN MAULANA AZAD ROAD NEW DELHI 110 001 REPRESENTED BY ITS DIRECTOR. 4. KARNATAKA EXAMINATION AUTHORITY (KEA) 18TH CROSS, SAMPIGE ROAD MALLESWARAM 560 012 BY ITS EXECUTIVE DIRECTOR. 5. 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 & R5 SRI. N. KHETTY, ADV., FOR R2 SRI. H. SHANTHI BHUSHAN, DSGI FOR R3 SRI. N.K. RAMESH, ADV., FOR R4) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE CANCELLATION ORDER DATED 04/02/2025 BY THE 4TH RESPONDENT KEA TO THE PETITIONER AS PER ANNEXURE-B. DIRECT THE 4TH RESPONDENT/KEA TO PUBLISH THE MERIT LIST OF THE CANDIDATES WHO WILL BE PARTICIPATED IN THE STRAY VACANCY ROUND. ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 12/02/2025 ISSUED BY THE 3RD RESPONDENT AS PER ANNEXURE-C & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - NC: 2025:KHC:7228-DB W.P. No.4554/2025 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition is filed seeking the following reliefs: "i) Issue a Writ of Ceritorari quashing the cancellation order dated 04.02.2025 by the 4th Respondent KEA to the Petitioner as per ANNEXURE B. ii) Direct the 4th Respondent/KEA to publish the merit list of the candidates who will be participated in the stray vacancy round. iii) Issue a writ of certiorari quashing the order dated 12.02.2025 issued by the 3rd Respondent as per ANNEXURE C. iv) Issue a Writ of mandamus direct the 3rd and 4th Respondent/KEA to permit the petitioner to appeared in stray vacancy round conducted by them and choosing the petitioner to their interested subject if it is available at the time of stray vacancy round. v) Grant such other writ/order as this Hon'ble Court deems it fit to grant in the facts and circumstances of the case and in the interest of justice and equity." 2. It is submitted by learned counsel appearing for the petitioner that the petitioner is a meritorious student and should have been permitted to participate in the subsequent rounds of counselling since a better seat would have been available to her. - 4 - NC: 2025:KHC:7228-DB W.P. No.4554/2025 3. Sri.H.Shanthi Bhushan, learned DSGI appearing for respondent No.3 as well as Sri.N.K.Ramesh, learned counsel appearing for respondent No.4-KEA would contend that it is on account of the specific provisions contained in KEA brochure as has been clarified by this Court in its judgment dated 04.02.2025 passed in W.P.No.2848/2025 that the petitioner's allotment in the mop-up round of counselling conducted by the KEA stood cancelled. 4. It is submitted that though Annexure-C notice dated 12.02.2025 has been issued by the MCC, it is subsequently clarified that only those persons who had not participated in the third round of MCC counselling would be eligible to participate in the stray vacancy round of PG counselling conducted by KEA. It is submitted that in terms of the specific provisions of brochure issued by the KEA, the petitioner, who had been allotted a seat in the third round of MCC counseling, would not be eligible to participate in the further rounds of KEA counselling. 5. The submissions are recorded. 6. In the light of the judgment of this Court in W.P.No.2848/2025 as at Annexure-A, the petitioner, who had - 5 - NC: 2025:KHC:7228-DB W.P. No.4554/2025 participated in the third round of MCC counselling and had been allotted a seat in the said round and who has also joined the said allotted seat, would not be eligible to participate in any further round of counselling. The writ petition fails and the same is accordingly dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 30