IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO.5976 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 2 . DR. GAUTHAM 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 ...PETITIONERS (BY SMT. AKKAMAHADEVI HIREMATH, ADVOCATE) AND: 1 . STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION VIKASA SOUDHA, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY 2 . NATIONAL MEDICAL COMMISSION (NMC) POCKET 14, SECTOR 8, DWARKA NEW DELHI-110 007 REPRESENTED BY ITS SECRETARY - 2 3 . KARNATAKA EXAMINATIONS AUTHORITY (KEA) 18TH CROSS ROAD, SAMPIGE ROAD MALLESHWARAM-560 012 BY ITS EXECUTIVE DIRECTOR …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1; SRI. N. KHETTY, ADVOCATE FOR R2; SRI. N.K. RAMESH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a). ISSUE A WRIT OF MANDAMUS, DIRECTING THE 3RD RESPONDENT - KEA TO NOTIFY THE CANDIDATES WHO PARTICIPATED IN THE MOP UP ROUND OF KEA TO SURRENDER THE SEATS ALLOTTED TO THEM IN THE MOP UP ROUND IF THEY DESIRE TO PARTICIPATE IN THE STRAY VACANCY ROUND SCHEDULED TO BE HELD ON 24.02.2025 AND ETC. THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 24.03.2025 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN J., PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K CAV JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The prayers in this Writ Petition are as follows: "a. Issue a writ of mandamus, directing the third respondent - KEA to notify the candidates who participated in the Mop Up round of KEA - 3 to surrender the seats allotted to them in the Mop Up Round if they desire to participate in the Stray Vacancy Round scheduled to be held on 24.02.2025. b. Issue a writ of mandamus, directing the KEA to upload the seat matrix of the seats surrendered by candidates who had been allotted seats in the Mop Up Round, and who wish to participate in the KEA- Stray Vacancy Round. c. Issue a Writ of Mandamus, directing the third respondent KEA to not insist on the candidates to pay caution deposit of Rs.5 lakhs from those who were in the category of “Petitioners and Similarly Situated Candidates” as per the judgment dated 04.02.2025 of the Hon’ble High Court in WP No. 2848/2025. 2. It is submitted by the learned counsel appearing for the petitioners that the third respondent - Karnataka Examinations Authority (KEA) has selectively uploaded the direction of this Court issued in W.P.No.2848/2025 and however has not mentioned about the surrender of seats in the notice dated 21.02.2025, which led to many candidates registering for the Stray Vacancy Round without surrendering the seats allotted in the Mop-Up round. It is - 4 submitted that thereafter, on a further Writ Petition No.4065/2025 being filed, this Court, by judgment dated 13.02.2025, had held that penalty shall not be imposed on students giving up the seats allotted in the Mop-Up Round. It was further directed that students who had already participated in the Mop -Up round and wanted to participate in the Stray Vacancy Round could do so after giving up the seats allotted to them in the Mop-Up round without penalty. 3. It is submitted that though notice was given on 15.02.2025 directing all students to surrender their seats before 4:00 p.m, on 17.02.2025, the later notices issued on 17.02.2025 and 21.02.2025, permitted candidates to register for the Stray Vacancy Round even without giving up the seats allotted in the Mop-Up round. 4. It is further submitted that KEA had also not published how many seats have so far been surrendered by the candidates and had allowed the candidates to hold the seats and to participate in the Stray Vacancy Round and that the KEA ought to have notified last date to surrender the seats on their website before the Stray Vacancy Round. - 5 5. It is also submitted that a new condition was introduced on 21.02.2025 to the effect that the candidates who want to participate in the Stray Vacancy Round have to deposit Rs.5 lakhs. The petitioners, who want to secure for Government seats state that they are unable to pay the same. 6. It is contended by the learned counsel appearing for the petitioner that despite clear and categorical directions issued by this Court in W.P. No.4065 of 2025, the KEA issued a Circular dated 17.02.2025 permitting candidates to participate once again in the Stray Vacancy Round without surrendering the seats already allotted to them. Further, KEA failed to upload the number of seats surrendered by candidates, thereby violating Court orders. Additionally, the KEA has once again issued a notice to candidates on 21.02.2025 in contravention of Order of this Court and its own brochure conditions, enabling fresh registrations without requiring the surrender of previously allotted seats in the Mop-Up Round. - 6 7. It is contended that the KEA has facilitated seat blocking by allowing candidates to retain previously allotted seats while competing for newly available seats, which is in clear violation of this Court’s orders in W.P.Nos.2848/2025, 4065/2025, and 4723/2025. This blatant disregard for judicial directions has created widespread chaos, significantly impacting the ability of eligible candidates to secure their rightful seats. Such continuous and willful disobedience warrants the striking down of these illegal practices and the imposition of strictures against the Executive Director of KEA for contemptuous conduct, which has led to uncertainty among candidates and disrupted the fairness of the counselling process. 8. It is contended that mismanagement by KEA has deprived numerous meritorious candidates of their rightful opportunity to secure seats of their choice. Despite explicit directions from this Court to ensure that seats are surrendered by Mop-Up Round participants before allowing them to compete in the Stray Vacancy Round, KEA has once again misrepresented information on its website by - 7 misleading candidates. If previously allotted candidates are permitted to hold their seats while participating in subsequent rounds, it will lead to further vacancies arising post-Stray Vacancy Round, thereby defeating its very purpose of completing the allotment of residual vacancies in a fair and transparent manner. 9. It is also contended that further, the KEA has imposed an onerous condition on candidates categorized as "Petitioners and Similarly Situated Candidates" by requiring them to deposit a caution fee of Rs.5 lakhs, as per the judgment dated 04.02.2025 in W.P. No.2848/2025. This arbitrary financial burden is not stipulated in KEA’s brochure conditions and has been introduced at a belated stage, rendering compliance practically impossible, especially that two out of three days provided for payment fall on non- banking days (Saturday and Sunday). Consequently, the petitioners and similarly situated candidates, who have secured good ranks and were permitted by this Court to participate in the Stray Vacancy Round, have been - 8 subjected to this unfair condition which they are unable to comply with. 10. The learned counsel appearing for the KEA submits that the Stray Vacancy Round of counselling as well as the Special Stray Vacancy Round have concluded and that nothing survives for consideration in this writ petition. It is submitted that since this Court had directed the participation of all persons eligible for the Mop-Up Round, the KEA had permitted such participation by issuing the Notifications dated 17.02.2025 and 21.02.2025. 11. Having considered the contentions advanced, we notice that though the writ petition was filed on 22.02.2025, when this writ petition is taken up and considered, the Stray Vacancy Round and the Special Stray Vacancy Round of counselling have all ended and classes have begun. The petitioner has not made any other candidates party to the writ petition. There is also no contention that the steps taken by the KEA are vitiated by mala-fide. Though it is contended that meritorious students have lost seats due to the actions of the KEA, no details are provided. The prayers - 9 sought for are also relatable only to the conduct of the counselling. 12. In the above circumstances, we are of the opinion that no further directions can be given to the KEA in respect of counselling which has already been concluded. Without going into the merits of the notices issued by the KEA on 17.02.2025 - 21.02.2025, the writ petition is closed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE cp*