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2025 DAILYLAW 33507 (KAR)

DR NIKHIL M D v. NATIONAL MEDICAL COMMISSION

WP/23173/2023 · 2025-01-17

Anu Sivaraman, Vijaykumar A Patil

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Judgment text

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- 1 - NC: 2025:KHC:1944-DB WP No. 23173 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 23173 OF 2023 (EDN-RES) BETWEEN: DR. NIKHIL M.D. S/O SRI. DIVAKAR M.N. AGED ABOUT 25 YEARS R/AT. No.258/1 SRI LAKSHMI NILAYA RANNAKAVI ROAD CHANNARAYAPATNA HASSAN DISTRICT-573 116 …PETITIONER (BY SRI. PRAMODHINI RANGANATH K.R., ADVOCATE) AND: 1. NATIONAL MEDICAL COMMISSION POCKET 14, SECTOR 8 DWARAKA PHASE-1 NEW DELHI-110 077 REP. BY ITS CHIEF SECRETARY 2. DIRECTORATE OF MEDICAL EDUCATION BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (OLD BUILDING), 1ST FLOOR FORT, K.R. ROAD BENGALURU-560 002 REP. BY ITS DIRECTOR Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1944-DB WP No. 23173 of 2023 3. KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS BENGALURU-560 012 REP. BY ITS EXECUTIVE DIRECTOR …RESPONDENTS (BY SRI. N. KHETTY, ADVOCATE FOR R1; SRI. M.N. SUDEV HEGDE, AGA 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) QUASH THE CLASSIFICATION ISSUED BY THE 3RD RESPONDENT IN ITS E-INFORMATION BULLETIN NEET PG 2023/ NEET MDS 2023 AT C8/R8 MD HOSPITAL ADMINISTRATION AS A CLINICAL SEAT/SUBJECT DATED 26.07.2023 VIDE ANNEXURE-L AND 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 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition is filed seeking the following reliefs; "a) Quash the classification issued by the 3rd respondent in its e-information bulletin NEET PG 2023/NEET MDS 2023 at C8/R8 MD Hospital administration as a clinical seat/subject dated 26.07.2023 vide annexure-L as illegal. - 3 - NC: 2025:KHC:1944-DB WP No. 23173 of 2023 b) Issue writ of mandamus directing to consider the request of the petitioner and permit the petitioner to participate in the mop-up round for clinical seat/surgery, in the interest of justice and equity." 2. When the matter was taken up today, there was no appearance for the petitioner. However, learned counsel appearing for the respondent- Karnataka Examination Authority ('KEA' for short) as well as the learned Additional Government Advocate submits that an interim order had been rendered on 14.10.2023, permitting the petitioner to apply and participate in the mop-up round counseling for PG seat in clinical course to be completed by 15.10.2023 and if he is found eligible, allotment of seat shall be made. 3. It is submitted by the learned counsel appearing for the KEA that the legal question raised in the writ petition may be left open, since the writ petitioner was permitted to participate in the mop-up round counselling for the clinical seats as well. - 4 - NC: 2025:KHC:1944-DB WP No. 23173 of 2023 4. Having considered the contentions advanced, we are of the opinion that in view of the interim order granted by this Court on 14.10.2023, nothing survives for consideration in this writ petition. 5. The writ petition is, accordingly, disposed of. In case the writ petitioner had been allotted PG seat in the mop-up round counselling, he shall be permitted to complete his course. The legal questions raised in the writ petition are left open to be decided in appropriate proceedings. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 17