- 1 - NC: 2025:KHC:12064-DB WP No. 6697 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 6697 OF 2025 (EDN-RES) BETWEEN: DR. ANAND SAGAR AGED ABOUT 36 YEARS S/O DASHRATH RAO SAGAR WORKING AS GDMO IN PRIMARY HEALTH CENTRE CHANDAPURA, ANEKAL TALUK BENGALURU URBAN-560 081 R/O. #311, A4 BLOCK SHARAVATHI BUILDING NATIONAL GAMES VILLAGE (NGV) KHB KORAMANGALA, BENGALURU-560 047 …PETITIONER (BY SMT. AKKAMAHADEVI HIREMATH, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION VIKASA SOUDHA, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12064-DB WP No. 6697 of 2025 2. DIRECTORATE OF MEDICAL EDUCATION K.R. ROAD, FORT BENGALURU-560 002 REPRESENTED BY ITS DIRECTOR 3. KARNATAKA EXAMINATIONS AUTHORITY (KEA) 18TH CROSS ROAD, SAMPIGE ROAD MALLESWARA-560 012 BY ITS EXECUTIVE DIRECTOR 4. NATIONAL MEDICAL COMMISSION POCKET 14, SECTOR 8 DWARKA PHASE I NEW DELHI-110 077 REPRESENTED BY ITS SECRETARY 5. DR. SADIQULLA R. AGED ABOUT 37 YEARS R/O. GDMO, PHC, HOYSALANADU HIRIYUR TALUK CHITRADURGA DISTRICT-577 527 NEET RANK 145439 …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R2; SRI. N.K. RAMESH, ADVOCATE FOR R3; SRI. N. KHETTY, ADVOCATE FOR R4; SRI. R. GIRISH KUMAR, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUEB (a) WRIT OF - 3 - NC: 2025:KHC:12064-DB WP No. 6697 of 2025 CERTIORARI, QUASHING THE ALLOTMENT OF SEAT IN THE FINAL RESULT LIST OF STRAY VACANCY IN RESPECT OF DNB- PAEDIATRICS, SNR GENERAL HOSPITAL, KOLAR IN FAVOUR OF THE 5TH RESPONDENT AT SL.No.341 PUBLISHED BY THE 3RD RESPONDENT ON 25.02.2025, PRODUCED AS ANENXURE-J 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 RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned counsel for the petitioner as well as the learned counsel appearing for the respondents. 2. This writ petition is filed seeking the following reliefs: (a) Writ of certiorari, quashing the allotment of seat in the Final Result List of Stray Vacancy in respect of DNB- Paediatrics, SNR General Hospital, Kolar in favour of the 5th respondent at Sl.No.341 published by the 3rd Respondent on 25.02.2025, produced as Annexure-J. - 4 - NC: 2025:KHC:12064-DB WP No. 6697 of 2025 b) Writ in the nature of mandamus, directing the 3rd respondent KEA to allot the seat of DNB-Paediatrics, SNR General Hospital, Kolar, to the petitioner. c) Such other writs or orders as this Hon'ble Court deems fit in the circumstances of the case. 3. It is submitted by the learned counsel for the petitioner that the petitioner is an in-service candidate who had participated in the NEET-PG 2024-25 selections and had All India Rank of 190697 with a percentile of 11.2. It is submitted that being a person belonging to Scheduled Caste Community, he was entitled to the benefit of the lower percentile which is available to the said category. It is submitted that there were 354 PG seats available for in-service Doctors in the PG-2024-25 selections. However, in view of the fact that the strength of doctors in the Health and Family Welfare Department was 2877 and only 5% of that could be sent for higher education, a list of 143 candidates were found to be eligible to participate and the number of doctors allowed to participate in the selection as in- service candidates was restricted by the Health and Family Welfare Department. 4. It is submitted that by Annexure-A dated 17.01.2025, initially a list of 75 Doctors had been sent for - 5 - NC: 2025:KHC:12064-DB WP No. 6697 of 2025 participation in the Mop-Up round. The petitioner's name was not included since only 75 doctors had been sent as per Annexure-A. It is submitted that by that time, the percentile had been reduced to 15 in the case of General candidates and 10 in the case of Scheduled Tribes and Scheduled Caste candidates and that the petitioner would have been eligible to participate in the Mop-Up round if his name had been sent along with Annexure-A list. 5. It is submitted that respondent No.5 who had a higher PG - NEET Rank than the petitioner and higher NEET Rank of 145439 and percentile of 32.88, had been permitted to participate in the Mop-Up Round as per Annexure-A. It is submitted that respondent No.5 had been allotted a seat in the Mop-Up Round. However, he had given up the said seat and was permitted to participate in the stray vacancy round as well. It is submitted that by Annexure-B, 50 more candidates were sent by the Health and Family Welfare Department to participate in the Stray Vacancy round since several seats including 37 Diploma (DNB) seats still available. It is submitted that the petitioner had opted for Diploma (DNB) seat in paediatrics. However, because respondent No.5 had been - 6 - NC: 2025:KHC:12064-DB WP No. 6697 of 2025 permitted to participate in the stray vacancy round again, respondent No.5 was allotted Diploma (DNB) in paediatrics available at the SNR District Hospital, Kolar, while the petitioner was allotted only DNB in Anaesthesia. 6. It is contended by the learned counsel for the petitioner that since respondent No.5 had been permitted to participate in the Mop-Up round and had been allotted a seat in that round, respondent No.5 could not have been participated in the Stray Vacancy round, unless permission had been specifically granted by the Director, which was not the case. 7. It is further contended that the 50 candidates who were sent for the stray vacancy round having been permitted to participate in the mop-up round itself, they were not eligible to participate in the stray vacancy round. If they had not participated in the stray vacancy round against the provisions of the brochure, the petitioner would have got the seats in DNB paediatrics. It is therefore contended that the prayers as sought for are liable to be granted. 8. Learned counsel for the petitioner further submits that it was on account of the mistakes committed by the KEA - 7 - NC: 2025:KHC:12064-DB WP No. 6697 of 2025 that the petitioner has not been allotted a seat in the Diploma (DNB) which was still available after the stray vacancy round and has been allotted in the special stray Vacancy round to others. 9. The KEA has filed a detailed objection wherein, it is stated that the petitioner had a NEET percentile of 11.88 with PG-NEET Rank of 190697. Respondent No.5 is also a qualified with percentile of 32.88 and NEET Rank of 145439. It is contended that they became eligible to seek PG seat only after the NMC reduced the percentile to 15 percentile on 04.01.2025 and they could have participated only from the Mop-Up Round onwards. However, it is submitted that due to limitation of number of persons who could be sent under the in-service quota, only Annexure - A list was sent for the Mop-Up Round taking note of the merit of the candidates. Respondent No.5, whose rank was higher had been sent for counseling in the Mop-Up Round under the in-service quota and he had been allotted a seat in the DNB Anesthesia at the "General Hospital" in Jayanagar in the Mop-Up Round. However, he had sought to surrender the said seat and participate in the stray vacancy round as well. Respondent No.5 was permitted to participate in - 8 - NC: 2025:KHC:12064-DB WP No. 6697 of 2025 the stray vacancy round and the virtual vacancy seats along with 37 DNB seats were shown in the seat-matrix as evidenced by Annexure-R1. In the stray vacancy round, respondent No.5, who had higher rank in the petitioner and who had submitted an option for DNB Paediatric seat was allotted the said seat as SNR District Hospital, Kolar and had joined the college on 27.02.2025. It is submitted that the petitioner has been allotted a DNB Anesthesia seat and could not get the DNB paediatric seat as claimed by him only because better merited candidates were available. 10. Respondent No.5 has also placed objections on record specifically stating that respondent No.5 had been permitted to participate in the stray vacancy round after surrendering the seat allotted to him in the Mop-Up round on the basis of the orders issued by this Court in W.P.No.4065/2025. 11. It is further contended by the learned counsel for respondent No.5 that the DNB seats in paediatrics which were available in the Mop-Up Round were not actually filled up in the Mop-Up round and were available in the stray vacancy round. It - 9 - NC: 2025:KHC:12064-DB WP No. 6697 of 2025 is submitted that it was considering respondent No.5's representation as well that he was permitted to surrender the seat and participate in the stray vacancy round. It is contended that since Respondent No.5 is admittedly having a higher merit than the petitioner, the allotment of the seat which was opted by him, in the Stray Vacancy round to respondent No.5 cannot be found fault with. 12. Learned Additional Government Advocate appearing for the respondents would also support the arguments of the learned counsel appearing for respondents No.3 and 5 and would contend that the permission granted to participate as in- service candidates in the Mop-Up round and the stray vacancy round was strictly in accordance with the merit of the candidates and that there is no embargo as against a candidate participating in the stray vacancy round after surrendering the seat allotted in the mop-up round. It is further contended that since respondent No.5 had a better merit than the writ petitioner, the prayers as sought for cannot be granted. 13. Having considered the contentions advanced, we notice that Annexure-A and Annexure-B list to participate in - 10 - NC: 2025:KHC:12064-DB WP No. 6697 of 2025 the Mop-Up round and the stray vacancy round of counseling, respectively have been prepared by the Government strictly in accordance with merit in the PG-NEET Examinations. The writ petitioner who admittedly had a percentile of 11.88 and a rank of 190697 cannot contend that he has been over-looked for the DNB seat by respondent No.5 who had a percentile of 32.88 and the rank of 145439. We also notice that in the earlier round, this Court in W.P.No.4065/2025 had permitted all those persons who wanted to participate in the stray vacancy round to give up the seats that they had procured in the Mop-Up round and to participate in the stray vacancy round. It appears that respondent No.5 who had submitted an option for DNB and paediatrics in the Mop-Up round had not been allotted the said seat and had made a complaint that DNB seats in Paediatrics had not been allotted in the Mop-Up round and were remaining vacant. He had also admittedly given up the seat allotted to him in the Mop-Up round and had participated in the stray vacancy round. In view of the fact that respondent No.5 was admittedly a better merited candidate and had submitted options for the DNB seat in Paediatrics as well, we are of the opinion that there is no patent illegality in the allotments as - 11 - NC: 2025:KHC:12064-DB WP No. 6697 of 2025 complained of by the petitioner. The prayers as sought for in the writ petition therefore cannot be granted. The writ petition therefore fails, the same is accordingly dismissed . Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK/- List No.: 1 Sl No.: 5