- 1 - NC: 2025:KHC:7093-DB WP No. 4723 of 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. 4723 OF 2025 (EDN-RES) BETWEEN: 1. 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 2. DR. GAUTAM M.M. S/O MANJUNATH M.L. AGED ABOUT 28 YEARS R/O No.1048/2 3RD CROSS, 2ND MAIN KTJ NAGARA DAVANAGERE-577 002 NEET RANK: 34,685 …PETITIONERS (BY SMT. HIREMATH AKKAMAHADEVI, ADVOCATE) AND: 1. UNION OF INDIA DIRECTORATE OF HEALTH SERVICES MINISTRY OF HEALTH AND FAMILY WELFARE DGHS HEADQUARTERS, F-17 KARKARDOOMA Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:7093-DB WP No. 4723 of 2025 NEW DELHI-110 032 REPRESENTED BY ITS DIRECTOR 2. NATIONAL MEDICAL COMMISSION POCKET 14, SECTOR 8, DWARAKA NEW DELHI-110 007 REPRESENTED BY ITS SECRETARY 3. MEDICAL COUNSELLING COMMITTEE DIRECTORATE GENERAL OF HEALTH SCIENCES MINISTRY OF HEALTH AND FAMLY WELFARE GOVERNMENT OF INDIA No.354, NIRMAN BHAVAN DELHI-110 011 REPRESETNED BY DIRECTOR 4. STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION VIKAS SOUDHA, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY 5. KARNATAKA EXAMINATIONS AUTHORITY (KEA) 18TH CROSS ROAD, SAMPIGE ROAD MALLESHWARA-560 012 BY ITS EXECUTIVE DIRECTOR …RESPONDENTS (BY SRI. H. SHANTHI BHUSHAN, DSGI FOR R1 & R3; SRI. N. KHETTY, ADVOCATE FOR R2; SRI. M.N. SUDEV HEGDE, AGA FOR R4; SRI. N.K. RAMESH, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT OF CERTIORARI, QUASHING THAT PART OF THE ELIGIBILITY CONDITION WHICH PERMITS PARTICIPATION IN THE STRAY VACANCY ROUND VIDE THE 2ND BULLET POINT IN THE NOTICE DATED 12.02.2025 IN No.REF.U-1202/04/2024-MEC, (ANN-C) INSOFAR AS IT STATES IN BULLET POINT 2 THAT "HOWEVER, 'NOT REPORTED' CANDIDATES OF ROUND-3 OF MCC COUNSELLING CAN PARTICIPATE IN THE STATE PG COUNSELLING AND ETC. - 3 - NC: 2025:KHC:7093-DB WP No. 4723 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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) This writ petition is filed seeking the following reliefs: a) Issue a Writ of Certiorari, quashing that part of the eligibility condition which permits participation in the Stray Vacancy Round vide the 2nd Bullet Point in the Notice dated 12.02.2025 in No.Ref.U-1202/04/2024- MEC,(Ann-C) insofar as it states in Bullet Point 2 that "However,'Not Reported' Candidates of Round 3 of MCC Counseling can participate in the State PG Counseling", and b) Issue a writ of mandamus, directing the 5th respondent to not include the candidates in the ensuing State Stray Vacancy Round who were allotted seats in the Round 3 of the All India Quota Counselling; c) Such other writs or orders as this Hon'ble Court deems fit in the circumstances of the case. - 4 - NC: 2025:KHC:7093-DB WP No. 4723 of 2025 2. Heard Smt. Akkamahadevi Hiremath, learned counsel for the petitioners as well as Sri. H. Shanthi Bhushan, learned DSGI appearing for respondents No.1 and 3, Sri. M N Sudev Hegde, learned AGA for respondent No.4 and Sri. N K Ramesh, learned counsel for KEA- respondent No.5. 3. It is submitted by the learned counsel for the petitioners that Annexure - A judgment of this Court in W.P.No.2848/2025 specifically directed the cancellation of PG-Medical seats wrongly allotted in violation of the provisions of the Brochure in the mop-up round of KEA counseling. However, the MCC has further issued Annexure-C notice dated 12.02.2025 permitting persons, who did not report for round-3 of MCC counseling also to participate in the State-PG counseling in the stray vacancy round. Clauses 2 and 3 of Annexure-C notice dated 12.02.2025 read as follows:- "Candidates who did not join their seats allotted through MCC in Round-3 are 'Not Eligible' to participate in Stray Vacancy Round of PG Counselling 2024 of MCC. However, - 5 - NC: 2025:KHC:7093-DB WP No. 4723 of 2025 'Not Reported' candidates of Round-3 of MCC counselling can participate in state PG counselling. Candidates who have joined State quota seats through earlier Rounds are not eligible to participate in Stray Vacancy Round of PG Counselling 2024 of MCC." The learned counsel for the petitioners contends that persons who are found ineligible by this Court in Annexure-A judgment would also be permitted to participate in the light of Annexure-C notice. 4. Learned DSGI appearing for respondents No.1 and 3 however contends that the words "not reported" are specifically intended to mean candidates, who did not report or participate in the third round of MCC counseling and that it does not mean that those persons who had participated in the third round of MCC counseling but had not joined the allotted colleges would be permitted to participate in the KEA counseling in the stray vacancy round. 5. It is submitted that this aspect of the matter is specifically clarified by a further notice dated 14.02.2025 - 6 - NC: 2025:KHC:7093-DB WP No. 4723 of 2025 which is also duly web hosted. It is submitted that the said notice dated 14.02.2025 specifically clarifies that candidates who did not join the seats allotted to them in MCC Round-3 are not eligible to participate in the stray vacancy round of PG-Counseling 2024. However, not reported candidates of Round-3 MCC counseling can participate in the State-PG Counseling. It is stated that the clarificatory notice dated 14.02.2025 specifically makes it clear that persons who had participated in the MCC third round of counseling and were allotted seats but did not join the allotted seats will not be eligible to participate in the counseling. However, candidates who did not report or participate in the 3rd round of MCC counseling can participate in KEA stray vacancy round. It is submitted that this is in consonance with the directions issued by this Court in Annexure-A, judgment. 6. The said submission is recorded. 7. It is made clear that the eligibility for the stray vacancy round of counseling to be conducted by the KEA - 7 - NC: 2025:KHC:7093-DB WP No. 4723 of 2025 will be strictly in accordance with Annexure-A judgment as well as the notice of the MCC dated 14.02.2025. Accordingly, the writ petition stands disposed of. 8. Registry shall take appropriate steps to see that this order is uploaded today itself and the copy will be made available to all the concerned. The KEA as well as the MCC shall also take the appropriate steps to see that the order is web hosted. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 10