- 1 - NC: 2025:KHC:3311-DB W.P. No.32729/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.32729/2024 (EDN-MED-ADM) BETWEEN: DR. RAJESH KUMAR .D S/O LATE PREMNATH AGED ABOUT 35 YEARS IN-SERVICE PG RESIDENT SDS AND TRC RAJIV GANDHI INSTITUTE OF CHEST MEDICINE, SOMESHWARA NAGAR BEHIND NIMHANS BENGALURU 560029. …PETITIONER (BY SRI. ASHOKA T, ADV.,) AND: 1. STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION VIKAS SOUDHA BENGALURU 560001 REP BY ITS SECRETARY. 2. DIRECTORATE OF MEDICAL EDUCATION BMCRI PREMISES BENGAURU 560002 REP BY ITS DIRECTOR. 3. KARNATAKA EXAMINATION AUTHORITY SAMPIGE ROAD, 18TH CROSS Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3311-DB W.P. No.32729/2024 MALLESWARAM BENGALURU 560012 REP BY ITS EXECUTIVE DIRECTOR. 4. NATIONAL MEDICAL COMMISSION (ERSTWHILE MEDICAL COUNCIL OF INDIA) POCKET 14, SECTOR 8 DWARAKA, NEW DELHI 110007 REP BY ITS SECRETARY. 5. SRI. JAYADEVA INSTITUTE OF CARDIOVASCULAR SCIENCES AND RESEARCH JAYANAGAR 9TH BLOCK BANNERGHATTA ROAD BANGALORE 560069 REP BY ITS DIRECTOR. 6. PRADEEP NAIK .G III YEAR MD RESPIRATORY MEDICINE SDS AND TRC RAJIV GANDHI INSTITUTE OF CHEST MEDICINE, SOMESHWARA NAGAR BEHIND NIMHANS, BENGALURU 560029. 7. SDS TUBERCULOSIS RESEARCH CNETER AND RAJIV GANDHI UNIVERSITY OF CHEST DECEASES, SOMESHWARA NAGARA DHARMAM COLLEGE POST, 1ST MAIN ROAD NEAR NIMHASN, BANGALORE 560029 REP BY ITS DIRECTOR. 8. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES REP BY ITS VICE CHANCELLOR 30TH CROSS, OPP TO SAGAR HOSPITAL 4TH T BLOCK, PATTABHIRAMANGARA JAYANAGAR, BENGALURU 560041. …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R2 SRI. N.K. RAMESH, ADV., FOR R3 SRI. N. KHETTY, ADV., FOR R4) - 3 - NC: 2025:KHC:3311-DB W.P. No.32729/2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTION OR WRIT OF CERTIORARI OR ANY OTHER ORDER QUASHING ORDER DATED 01.07.2024 AT ANNEXURE-A IN BEARING No. MED 59 RGU 2024. DECLARE THAT THE SEAT ALLOTTED TO THE RESPONDENT No. 6 IN M. D. RESPIRATORY MEDICINE IN RESPONDENT No. 8 IS ILLEGAL AND BAD IN LAW & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This writ petition is filed seeking the following reliefs: "a) To issue direction or Writ of Certiorari or any other order quashing order dated 01.07.2024 at Annexure-A in bearing No. MED 59 RGU 2024. b) To declare that the seat allotted to the respondent No.6 in M.D. Respiratory medicine in respondent No.8 is illegal and bad in law. c) Pass necessary orders in the facts and circumstances of the case in the interest of justice and equity." 2. Heard the learned counsel for the petitioner. - 4 - NC: 2025:KHC:3311-DB W.P. No.32729/2024 3. It is submitted by the learned counsel for the petitioner that the allotment of the seat to respondent No.6 has been found to be illegal in an earlier round of writ petition in WP.No.7951/2022 filed by the writ petitioner herein. It is submitted that since the cancellation of allotment of seat to the petitioner in M.D. Respiratory Medicine at Rajeev Gandhi Institute of Chest Diseases was found to be bad in law and was found to have been made only to accommodate respondent No.6, the writ petition had been allowed and the KEA was inflicted with cost of Rs.1,00,000/- payable to the writ petitioner. It is submitted that the SLP filed by respondent No.6 as against the said judgment was also dismissed on 07.03.2024. It is submitted that thereafter, an order has now been passed allotting another vacant seat in the very same institution to respondent No.6. It is submitted that since respondent No.6 was found not entitled to the seat which was allotted to the petitioner, the action of the respondent in having allotted another seat to respondent No.6 is also illegal and ought to be set aside. - 5 - NC: 2025:KHC:3311-DB W.P. No.32729/2024 4. The learned counsel appearing for the KEA as well as the learned government advocate appearing for the other respondents would submit that respondent No.6, on being allotted the seat on 02.03.2022, had completed 2 years of study of the MD course and it was thereafter that the judgment in WP.No.7951/2022 was rendered on 22.02.2024. It is submitted that thereafter, respondent No.6 had made request before all the authorities including MCC and NMC pointing out that there was another seat in the All India Quota which had fallen vacant since the student who has allotted to that seat left within a few months of the start of the course. It was after considering the said representation submitted by respondent No.6 that the seat was allotted to respondent No.6 since he had admittedly completed 2 years of study in the MD course and that it was found to be unlikely that the other seat which had fallen vacant in the All India Quota would be filled since 2 years of the MD course was already over. It is further submitted that the NMC by an order dated - 6 - NC: 2025:KHC:3311-DB W.P. No.32729/2024 21.05.2024 had also approved the admission of respondent No.6 in the seat which had fallen vacant in the All India Quota. The copy of the order is also placed on record. 5. Having considered the contentions advanced on either side, we notice that there was no allegation raised that respondent No.6 is ineligible for an admission in the in-service Quota to MD in Respiratory Medicine. The finding in the judgment in WP.No.7951/2022 was to the effect that the cancellation of the seat allotted in favour of the writ petitioner without notice to the writ petitioner was bad in law and that it was made so as to offer an allotment to respondent No.6. However, in view of the fact that respondent No.6 had continued the course from 02.03.2022 till the judgment was rendered on 22.02.2024 and since the NMC has also now permitted the admission of respondent No.6 as against another vacant seat, we do not find any reason to interfere at the instance of the writ petitioner who cannot be said to be aggrieved by the - 7 - NC: 2025:KHC:3311-DB W.P. No.32729/2024 admission granted to respondent No.6. The writ petition fails and is accordingly dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 20