- 1 - NC: 2025:KHC:1945-DB WP No. 24510 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. 24510 OF 2023 (EDN-RES) BETWEEN: 1. MITHANSH V KUMAR S/O SRI. VIJAYAKUMAR B. AGED ABOUT 20 YEARS R/AT. LAXMI NARASIMHA KRUPA 9TH CROSS, ASHOK NAGAR SEVANTHI ROAD TUMAKURU-572 102 2. SHARANYA HEGDE D/O DR. SANJAY HEGDE AGED ABOUT 18 YEARS R/AT. BATHI SHIVNAGAPPA COMPOUND HARIHAR, DAVANAGERE-577 601 …PETITIONERS (BY SRI. SURAJ NAIK, ADVOCATE) AND: 1. KARNATAKA EXAMINATION AUTHORITY 18TH CROSS, SAMPIGE ROAD MALLESHWARAM BENGALURU-560 012 REPRESENTED BY ITS EXECUTIVE DIRECTOR 2. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKASA SOUDHA Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1945-DB WP No. 24510 of 2023 BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY …RESPONDENTS (BY SRI. N.K. RAMESH, ADVOCATE FOR R1; SRI. M.N. SUDEV HEGDE, AGA FOR R2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUANCE OF APPROPRIATE WRIT, ORDER OR DIRECTIONS (a) DECLARING THE ACTION OF THE RESPONDENT No.1 IN RESTRICTING THE PARTICIPATION IN THE SPECIAL STRAY VACANCY ROUND OF COUNSELLING PROCESS TO BE HELD BETWEEN 07.11.2023 AND 09.11.2023 INTERPRETING SUCH CANDIDATES AS ONLY THOSE WHO HAVE NOT BEEN ALLOTTED A SEAT AS ONLY THOSE CANDIDATES WHO HAVE NOT BEEN ALLOTTED ANY SEAT IN THE 1ST AND 2ND ROUND OF COUNSELLING AND EXCLUDING CANDIDATES WHO HAVE NOT BEEN ALLOTTED A SEAT IN THE MOP-UP ROUND AS ARBITRARY, ILLEGAL AND DISCRIMINATORY AND VIOLATIVE OF THE PRINCIPLE OF MERIT BASED ADMISSIONS 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) Declaring the action of the respondent No.1 in restricting the participation in the special stray vacancy round of counselling process to be held between 07.11.2023 and 09.11.2023 - 3 - NC: 2025:KHC:1945-DB WP No. 24510 of 2023 interpreting such candidates as only those who have not been allotted a seat as only those candidates who have not been allotted any seat in the 1st and 2nd round of counselling and excluding candidates who have not been allotted a seat in the mop-up round as arbitrary, illegal and discriminatory and violative of the principle of merit based admissions. (b) Pass such other order/s as this Hon'ble Court deems fit to grant in the facts and circumstance of the case in the interest of justice and equity." 2. We notice that an interim order has been passed on 06.11.2023 holding that the petitioners and all similarly situated registered candidates who did not get admission in first, second, mop-up or first stray round counseling or registered candidates who got the seats but did not complete the admission formalities shall be permitted to participate in the 'second stray' round of counseling subject to payment of prescribed fee and also security deposit as per norms. - 4 - NC: 2025:KHC:1945-DB WP No. 24510 of 2023 3. In view of the interim order passed and in view of the fact that the admission concerned is for the year 2023, we are of the opinion that nothing survives for consideration except to state that benefits, if any, which have accrued to the petitioners on account of the interim order, shall not be disturbed. 4. The writ petition is, accordingly, disposed of without affecting the rights of the petitioners which have been accrued on the basis of the interim order passed. All legal questions which are raised in this writ petition shall stand left open. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 32