IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 31842 OF 2024 (EDN-RES) C/W. WRIT PETITION NO. 3717 OF 2025 (EDN-RES) IN WP NO. 31842 OF 2024: BETWEEN: 1 . DR. SATEESH T. S/O T.D. THIMMAPPA AGED 42 YEARS R/AT. SRI LAKSHMI VENKATESHWARANILYAYA DASAPPA GARDEN, MARUTHINAGAR TUMAKURU-572 102 WORKING AT PRIMARY HEALTH CENTER (P.H.C) MADALURU, SIRA TALUK TUMAKURU (D)-572 137 2 . DR. RACHANA D/O PAMPAYYASWAMI AGED ABOUT 34 YEARS R/AT. PRATHAMA SHETTY STREET NEAR JAIN MANDIR, HUBLI-580 028 WORKING AS GENERAL DUTY MEDICAL OFFICER PRIMARY HEALTH CENTER, BANNIKOPPA KUKANOOR(T), KOPPAL(D)-583 238 ...PETITIONERS (BY SRI. KARTHIK C., ADVOCATE) AND: 1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY - 2 DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION) VIKASA SOUDHA BENGALURU- 560 001 2 . THE DIRECTORATE OF MEDICAL EDUCATION REP BY ITS DIRECTOR HAVING OFFICE AT ANANDARAO CIRCLE BENGALURU-560 009 3 . COMMISSIONERATE OF HEALTH AND FAMILY WELFARE SERVICES GOVERNMENT OF KARNATAKA REP. BY ITS COMMISSIONER HAVING OFFICE AT AROGYA SOUDHA MAGADI ROAD, BENGALURU-560 023 4 . KARNATAKA EXAMINATIONS AUTHORITY REP. BY ITS EXECUTIVE DIRECTOR HAVING OFFICE AT: 18TH CROSS SAMPIGE ROAD, MALLESHWARAM BENGALURU-560 012 5 . THE EXECUTIVE DIRECTOR NATIONAL BOARD OF EXAMINATION IN MEDICAL SCIENCES MEDICAL ENCLAVE ANSARI NAGAR MAHATMA GANDHI MARG RING ROAD NEW DELHI-110 029 …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 TO R3; SRI. N.K. RAMESH, ADVOCATE FOR R4; SRI. H. SHANTHI BHUSHAN, DSGI FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a). ISSUE WRIT OR ORDER IN THE NATURE OF MANDAMUS OR SUCH OTHER ORDER THIS HON'BLE COURT MAY DEEM FIT TO CONSIDER THE REPRESENTATION DATED 25.11.2024 MADE TO 5TH RESPONDENT PRODUCED AT ANNEXURE-E AND ETC. - 3 IN WP NO.3717 OF 2025: BETWEEN: DR. RAVINDRANATHA S.H. S/O MR. HOOVANAIK AGED 43 YEARS RESIDING AT No.71 AMBA KRIPA GUDLUCK CIRCLE GADIKOPPA, SHIMOGA-577 204 WORKING AT PRIMARY HEALTH CENTER (P.H.C) M. LINGADAHALLI SAGAR TALUK SHIMOGA DISTRICT-577 401 ...PETITIONER (BY SRI. SUNIL RAO, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION) VIKASA SOUDHA, BENGALURU-560 001 2 . THE DIRECTORATE OF MEDICAL EDUCATION REP. BY ITS DIRECTOR HAVING OFFICE AT: ANANDA CIRCLE BENGALURU-560 009 3 . COMMISSIONERATE OF HEALTH AND FAMILY WELFARE SERVICES GOVERNMENT OF KARNATAKA REP. BY ITS COMMISSIONER HAVING OFFICE AT: AROGYA SOUDHA MAGADI ROAD, BENGALURU-560 023 4 . KARNATAKA EXAMINATION AUTHORITY REP. BY ITS EXECUTIVE DIRECTOR HAVING OFFICE AT: 18TH CROSS SAMPIGE ROAD, MALLESHWARAM BENGALURU-560 012 - 4 5 . NATIONAL MEDICAL COMMISSION POCKET 14, SECTOR 8, DWARKA PHASE NEW DELHI-110 077 REPRESENTED BY ITS SECRETARY 6 . DR. RAVIL NEMATH K.M. S/O NEMATH K.M. AGED ABOUT 34 YEARS WORKING AS GDMO AT K.R. PURAM BENGALURU R/O.No.031, 3RD FLOOR GOLD OPUS APARTMENTS MILLERS ROAD EXTENSION MILLERS ROAD, BENGALURU-560 046 7 . DR. TARAKESHWARI R. D/O RAMAKRISHNA B.S. AGED ABOUT 35 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO) PRIMARY HEALTH CENTRE JIGANEHALLI, KADUR TALUK CHIKMAGALUR DISTRET R/O. SHIVAKRUPA, 30 FEET ROAD PRABHAKAR LAYOUT CHINTAMANI-563 125 8 . DR. MAHADEVASWAMY C.M. S/O MALLANNA AGED ABOUT 30 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER (GDMO) T. NARASIPURA TALUK MYSURU-571 124 R/O. CHAMANAHALLIHUNDI HAMPAPAURA HOBLI HD KOTE TALUK, MYSURU-571 125 9 . DR. PAVAN AGE MAJOR CHIKKAJAVAREGOWDA PRIMARY HEALTH CENTRE MEENYAM, HANUR TQ - 5 CHAMARAJANAGARA DIST-571 313 PG APPLICATION NUMBER-PG24062410 RANK-32648 10 . DR. MANJUNATHA P.S. AGE: MAJOR PRIMARY HEALTH CENTRE THIMMANNANAYAKANA KOTE CHALLAKERE TQ CHITRADURGA DIST-577 522 PG APPLICATION NUMBER-PG24049339 RANK-47906 11 . DR. SIDDANNA AGE MAJOR PRIMARY HEALTH CENTRE RODALABANDA, LINGASAGUR TQ RAICHUR DIST-584 122 PG APPLICATION NUMBER-PG24136071 RANK-48979 12 . DR. SACHIN P. AGE MAJOR PRIMARY HEALTH CENTRE SATENAHALLI CHANNARAYAPATNA TQ HASSAN DIST-573 116 PG APPLICATION NUMBER-PG24132654 RANK-49088 13 . DR. VIJETH AGE MAJOR PRIMARY HEALTH CENTRE KANASAWADI, DODDABALLAPURA TQ BENGALURU RURAL DIST-561 203 PG APPLICATION NUMBER-PG24085242 RANK-49849 14 . DR. RAGHAVENDRA PRASAD V.P. AGE MAJOR PRIMARY HEALTH CENTRE BILIGERE, TIPATUR TQ TUMKUR DIST-572 201 - 6 PG APPLICATION NUMBER-PG24048365 RANK-50006 15 . DR. SAIYADBASHA M. VADAGUANKAR AGE MAJOR PRIMARY HEALTH CENTRE GHOTE, JAMAKHANDI TQ BAGALKOTE DIST-587 301 PG APPLICATION NUMBER-PG24052505 RANK-53532 16 . DR. SUSHANT M. AGE MAJOR COMMUNITY HEALTH CENTRE KAVITHALA, SIRAVARA TQ RAICHURU DIST-584 129 PG APPLICATION NUMBER-PG24001271 RANK-55619 17 . DR. UDAYKUMAR N.R. AGE MAJOR PRIMARY HEALTH CENTRE SUNAKALLABIDARI RANEBENNUR TQ HAVERI DIST-581 115 PG APPLICATION NUMBER-PG24075611 RANK-55964 18 . DR. VISHWANATH PATIL AGE MAJOR PRIMARY HEALTH CENTRE SHIRAGODA, HANAGAL TQ HAVERI DIST-581 104 PG APPLICATION NUMBER-PG24046852 RANK-56155 19 . DR. ERESHA M. AGE MAJOR PRIMARY HEALTH CENTRE, GILLESGUR RAICHUR TQ AND DIST-584 101 PG APPLICATION NUMBER-PG24230597 RANK-59369 - 7 20 . DR. SONALI SOODA AGE MAJOR PRIMARY HEALTH CENTRE KONARA, BHATKALA TQ UTTARAKANNADA DIST-581 320 PG APPLICATION NUMBER-PG24026148 RANK-62186 21 . DR. SYED ZUBAIR AGE MAJOR PRIMARY HEALTH CENTRE AINAPUR, CHINCHOLI TQ KALABURAGI DIST-585 307 PG APPLICATION NUMBER-PG24118141 RANK-63543 22 . DR. MANJUNATHA A.G. AGE MAJOR PRIMARY HEALTH CENTRE MALAVALLI, SHIKARIPURA TQ SHIVMOGGA-577 427 PG APPLICATION NUMBER-PG24024535 RANK-69389 23 . DR. RAGHAVENDRA AGE MAJOR PRASAD N. PRIMARY HEALTH CENTRE RAJENDRA HALLI, MULABAGILU TALUK KOLAR DIST-563 131 PG APPLICATION NUMBER-PG24052893 RANK-75093 24 . DR. SUNIL RATHOD AGE MAJOR PRIMARY HEALTH CENTRE KULAGERI CROSS, BADAMI TQ BAGALKOTE DIST-587 201 PG APPLICATION NUMBER-PG24042627 RANK-76358 25 . DR. SHALAM PASHA AGE MAJOR - 8 PRIMARY HEALTH CENTRE KALMALA, RAICHUR TO AND DIST-584 136 PG APPLICATION NUMBER-PG24075374 RANK-78465 26 . DR. SHARMILA H.C. AGE MAJOR PRIMARY HEALTH CENTRE SANKIGATTA, MAGADI TQ RAMANAGARA DIST-562 120 PG APPLICATION NUMBER-PG24161084 RANK-84669 27 . DR. GURUBASAPPA CHANABASAPPA KADROLLI AGE MAJOR PRIMARY HEALTH CENTRE YADAWADA, MUDALAGI TQ BELAGAVI DIST-591 312 PG APPLICATION NUMBER-PG24229800 RANK-84920 28 . DR. SURESH WADEYAR AGE MAJOR PRIMARY HEALTH CENTRE IDKAL, RAYBHAG TALUK BELAGAM DISTRICT-591 317 PG APPLICATION NUMBER-PG24043884 RANK-85228 29 . DR. BHARATH S.N. PRIMARY HEALTH CENTRE SHIRAVANTE, SAGAR TQ SHIVMOGGA-577 401 PG APPLICATION NUMBER-PG24081010 RANK-85723 30 . DR. SRIDEVI M.M. AGE MAJOR PRIMARY HEALTH CENTRE THYAGARATHI, SAGARA TQ SHIVMOGGA-577 401 PG APPLICATION NUMBER-PG24019061 RANK-87436 - 9 31 . DR. ANUPAMA T.P. AGE MAJOR PRIMARY HEALTH CENTRE BELAGALAPETA, HANAGAL TQ HAVERI DIST-562 106 PG APPLICATION NUMBER-PG24123799 RANK-87761 32 . DR. SACHIN PATNE AGE MAJOR PRIMARY HEALTH CENTRE CHINTAKI, AURAD TQ BIDAR DIST-585 326 PG APPLICATION NUMBER-PG24120850 RANK-88197 33 . DR. PRAMOD SIDDALINGAPPA SINDAGI AGE MAJOR PRIMARY HEALTH CENTRE THALLUR, SAVADATHI TQ BELAGAVI DIST-591 126 PG APPLICATION NUMBER-PG24175014 RANK-88620 34 . DR. LAKSHMIKANTH S.R. AGE MAJOR PRIMARY HEALTH CENTRE SAANEHALLI, HOSADURGA TQ CHITRADURGA DIST-577 527 PG APPLICATION NUMBER-PG24168943 RANK-88652 35 . DR. ANIL C.P. AGE MAJOR PRIMARY HEALTH CENTRE BASAVAPATTANA, ARAKALAGUDU TQ HASSAN DIST-573 201 PG APPLICATION NUMBER-PG24055039 RANK-91421 36 . DR. KAVYASHREE AGE MAJOR PRIMARY HEALTH CENTRE - 10 SHIRAVALA, SAHAPURA TQ YADGIRI DIST-585 223 PG APPLICATION NUMBER-PG24198044 RANK-91422 37 . DR. VIKAS S BERATIKERE AGE MAJOR PRIMARY HEALTH CENTRE KARAKUCHI, TARIKERE TQ CHIKKAMAGALUR DIST-577 228 PG APPLICATION NUMBER-PG24045545 RANK-93812 38 . DR. NARASA REDDY PRIMARY HEALTH CENTRE YAKKUNDI, SAVADATHI TQ BELAGAVI DIST-591 126 PG APPLICATION NUMBER-PG24063921 RANK-94642 39 . DR. SHARATH A. AGE MAJOR PRIMARY HEALTH CENTRE SHIVAPURA, HOLALKERE TQ CHITRADURGA DIST-577 526 PG APPLICATION NUMBER-PG24192790 RANK-96277 40 . DR. YOGESH KAMBALE B. AGE MAJOR PRIMARY HEALTH CENTRE KERURA, CHIKKODI TQ BELAGAVI DIST-591 201 PG APPLICATION NUMBER-PG24009085 RANK-98006 41 . DR. ARUNKUMAR C MALLAKKANAVAR AGE MAJOR PRIMARY HEALTH CENTRE HAKKANDI, HADAGLI TALUK VIJAYANAGARA DIST-586 127 PG APPLICATION NUMBER-PG24005395 RANK-98462 - 11 42 . DR. UMESH J. AGE MAJOR PRIMARY HEALTH CENTRE ULAGA, KARAWARA TQ UTTARAKANNADA DIST-581 301 PG APPLICATION NUMBER-PG24116652 RANK-99267 43 . DR. PRIYA S. AGE MAJOR PRIMARY HEALTH CENTRE PG PALYA, HANUR TQ CHAMARAJANAGAR DIST-571 439 PG APPLICATION NUMBER-PG24064287 RANK-99341 44 . DR. SACHIN H GOWDA AGE MAJOR PRIMARY HEALTH CENTRE KOPPA, MADDUR TQ MANDYA DIST-571 428 PG APPLICATION NUMBER-PG24041486 RANK-100055 45 . DR. PARASHURAMA R. AGE MAJOR PRIMARY HEALTH CENTRE BAGAUR, HOSADURGA TQ CHITRADURGA DIST-577 527 PG APPLICATION NUMBER-PG24084307 RANK-101184 46 . DR. RENUKADEVI C. PRIMARY HEALTH CENTRE MANDEVALA, JEVARGI TQ KALABURAGI DIST-585 310 PG APPLICATION NUMBER-PG24210215 RANK-101572 47 . DR. AMARESHA NAGARAL AGE MAJOR PRIMARY HEALTH CENTRE SANGANALA, YELABURGA TQ - 12 KOPPAL DIST-583 236 PG APPLICATION NUMBER-PG24053699 RANK-102582 48 . DR. MEGHANA V. AGE MAJOR PRIMARY HEALTH CENTRE MUDUVAADI, KOLAR TALUK KOLAR DISTRICT-517 247 PG APPLICATION NUMBER-PG24066796 RANK-103083 49 . DR. LATA DEVENDRAPPA ANNIGERI AGE MAJOR PRIMARY HEALTH CENTRE CHIKKOUNSHI-HOSUR, HANGAL TQ HAVERI DIST-581 104 PG APPLICATION NUMBER-PG24206653 RANK-103558 50 . DR. MORE LAKSHMIKANTHA KASHINATH AGE MAJOR PRIMARY HEALTH CENTRE NANDARAGI, INDI TQ VIJAYAPURA DIST-586 209 PG APPLICATION NUMBER-PG24061091 RANK-104010 51 . DR. BHARATH KUMAR AGE MAJOR PRIMARY HEALTH CENTRE KATIPALLA, MANGALURU TQ DAKSHINA KANNADA DIST-575 001 PG APPLICATION NUMBER-PG24206669 RANK-104604 52 . DR. VARSHA PATIL R. AGE MAJOR PRIMARY HEALTH CENTRE BELAHARA, NAVALAGUNDA TQ DHARAWAD DIST-582 208 PG APPLICATION NUMBER-PG24061264 RANK-105850 - 13 53 . DR. SUNIL KUMAR R.D. AGE MAJOR PRIMARY HEALTH CENTRE AGALAYA, K.R. PETE TQ MANDYA DIST-571 426 PG APPLICATION NUMBER-PG24006514 RANK-106021 54 . DR. AMBIKA K.R. AGE MAJOR PRIMARY HEALTH CENTRE A CHOLENAHALLI, KASABA HOBALI CHANNARAYAPATTANA TQ HASSAN DIST-573 116 PG APPLICATION NUMBER-PG24138245 RANK-107156 55 . DR. SHIVANANDA S HADAKAR AGE MAJOR PRIMARY HEALTH CENTRE SHANKARAHATTI, ATHANI TQ BELAGAVI DIST-591 304 PG APPLICATION NUMBER-PG24229903 RANK-107388 56 . DR. GIRISH M.V. AGE MAJOR PRIMARY HEALTH CENTRE THAYUR, NANJANAGUDU TQ MYSURU DIST-571 301 PG APPLICATION NUMBER-PG24047608 RANK-107867 57 . DR. MADHURI M. AGE MAJOR PRIMARY HEALTH CENTRE HARIYABBE, HIRIYUR TQ CHITRADURGA DIST-577 599 PG APPLICATION NUMBER-PG24079462 RANK-110163 58 . DR. PAVANKUMAR AGE MAJOR - 14 PRIMARY HEALTH CENTRE MUDHOLA, YALABURGA TQ KOPPALA DIST-583 236 PG APPLICATION NUMBER-PG24039395 RANK-110600 59 . DR. RANJITHA BELEGERE G.R. AGE MAJOR PRIMARY HEALTH CENTRE GUYILALU, HIRIYURU TQ CHITRADURGA DIST-577 599 PG APPLICATION NUMBER-PG24227289 RANK-115169 60 . DR. POOJA L.M. AGE MAJOR PRIMARY HEALTH CENTRE BHUVANAHALLI, PIRIYAPATTANA TQ MYSURU DIST-571 107 PG APPLICATION NUMBER-PG24039444 RANK-118042 61 . DR. BANDARI PRIYARANJAN AGE MAJOR PRIMARY HEALTH CENTRE KURKUNTA, SEDUM TQ KALABURAGI DIST-585 222 PG APPLICATION NUMBER-PG24231549 RANK-119486 62 . DR. HARISH N. AGE MAJOR PRIMARY HEALTH CENTRE PADUGURU, GUNDLUPETE TQ CHAMARAJANAGARA DIST-571 111 PG APPLICATION NUMBER-PG24199089 RANK-124293 63 . DR. ANIL RATHOD AGE MAJOR PRIMARY HEALTH CENTRE AGARAKHEDA, INDI TQ VIJYAPURA DIST-586 209 - 15 PG APPLICATION NUMBER-PG24014245 RANK-127851 …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 TO R3; SRI. N.K. RAMESH, ADVOCATE FOR R4; SRI. N. KHETTY, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a). ISSUE WRIT OR ORDER IN THE NATURE OF CERTIORARI OR SUCH ORDER THIS HON'BLE COURT MAY DEEM FIT TO QUASH EXECUTIVE ORDER VIDE No.MED 126 RGU 2024 DATED 25.10.2024 MADE BY THE 1ST RESPONDENT PRODUCED AT ANNEXURE-A. THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 24.02.2025 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 VIJAYKUMAR A. PATIL CAV JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) The prayers in these Writ Petitions are as follows:- In W.P.No.31842/2024: a. Issue writ or order in the nature of Mandamus or such order this Hon'ble Court may deem fit to consider the representation dated 25/11/2024 made to 5th Respondent produced at Annexure E. b. Issue writ or order in the nature of Mandamus or such order this Hon'ble Court may deem fit to consider the representation dated 25/11/2024 made to 1st 2nd 3rd and - 16 4th Respondents produced at Annexure A, B, C and D respectively and direct the 1st, 2nd, 3rd and 4th respondents to conduct the process of counseling in respect of In-Service candidates after revised cutoff percentile to enable the Petitioner herein to participate in the said process. c. Issue writ or order in the nature of certiorari or such order this Hon'ble Court may deem fit to quash Executive Order vide No.MED 126 RGU 2024 dated 25/10/2024 made by the 1st Respondent produced at Annexure F. d. Issue writ or order in the nature of certiorari or such order this Hon'ble Court may deem fit to quash the Seat Matrix dated: 19/11/2024 issued by 2nd respondent produced at Annexure-G. e. To direct the 2nd respondent to prepare the seat matrix depicting internal quota to In-service Candidates belonging to Health and family Welfare Department (HFW). f. Grant such other relief as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity. g. Issue writ or order in the nature of certiorari or such order quashing the PG NEET 1st Round Final SEAT Allotment list dated 17/12/2024 and all proceedings pursuant thereto as per Annexure 2 produced at Annexure N issued by 4th Respondent in respect of the in- service Candidates arrayed as Respondent No.9 to 63. h. Consequently, direct the Respondents no.1 to 4 to conduct the Re-Counseling of 58 Post Graduate Seats - 17 only to the qualified and eligible candidates considering the cut-off date of 31st March as prescribed under the existing Rules, i.e., the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses Rules. In W.P.No.3717/2025: a. "Issue writ or order in the nature of certiorari or such order this Hon'ble Court may deem fit to quash Executive Order vide No.MED 126 RGU 2024 dated 25.10.2024 made by the 1st respondent produced at Annexure-A. b. Issue writ or order in the nature of certiorari or such order this Hon'ble Court may deem fit to quash PG NEET 1st Round Final Seat Allotment list dated 17.12.2024 made by the 4th respondent produced at Annexure-B. c. Direct the 1st, 2nd, 3rd and 4th respondents to conduct the process of counseling in respect of eligible in- service candidates as per Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses Rules pursuant to revised cutoff percentile dated 04.01.2025 so as to enable the petitioner herein to participate in the said process." 2. We have heard the learned counsel appearing for the petitioners as well as Shri. H. Shanthi Bhushan, learned DSGI appearing for the National Board of Examination in - 18 Medical Sciences, Shri. M.N. Sudev Hegde, learned Additional Government Advocate appearing for respondents No.1 to 3/State, Directorate of Medical Education and Commissionerate of Health and Family Welfare Services, Shri. N.K. Ramesh, learned counsel appearing for the KEA and Shri N. Khetty, learned standing counsel appearing for NMC. 3. The first of the captioned writ petition was filed on 27.11.2024 with only the official respondents on the party array. The Writ Petition was later amended on 07.01.2025, impleading three persons, who were alleged to be the allottees in the second round of NEET PG counselling as parties. The second Writ Petition is filed on 07.02.2025 arraying private respondents, who are alleged to be the persons likely to be affected by cancellation of the seat allotment as sought for. 4. A challenge is sought to be raised to the Executive Order dated 25.10.2024 on the ground that it is against the provisions of the rules. The learned counsel for the petitioners contends that the eligibility for participation - 19 in the Medical PG Admission procedure as in-service candidates is provided under the Karnataka Conduct of Entrance Test for admission to Post-Graduate Medical Degree and Diploma Courses Rules, 2006. It is submitted that Rule 3 and Rule 10, specifically provide for completion of three years of regular service after successful completion of probation as on the 31st of March in which the entrance test is held. It is contended that by the Executive Order which is under challenge, the date of eligibility has been extended to 31.07.2024 and it has further been provided that the requisite service of three years could be inclusive of the period of probation. It is submitted that the change brought about in the eligibility criteria by an Executive Order which is directly against the rules is per se impermissible. 5. It is specifically contended that the admission brochure itself provides that in-service candidates have to fulfill the conditions stipulated under Rule 10 of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical and Dental Degree and Diploma Courses Rules, 2006, as amended from time to - 20 time. It was further provided at clause 8(e) that the Head of the Departments should forward the applications of only such candidates who fulfill all the criteria mentioned in the application form. It is therefore contended that the Executive Order passed on 25.10.2024 amounts to changing the rules of the selection after the selection is under way, which is specifically prohibited by law. 6. The learned counsel has placed reliance on several decisions to contend that statutory rules cannot be amended by Executive Orders. It is further contended that the NMC Regulations specifically provide for reduction of the eligibility criteria if required and therefore, the decategorization of the in-service seats before the criteria was lowered was per se illegal. The learned counsel would place reliance on the judgment of the Co-ordinate Bench of this Court in W.P.No.19089/2023. 7. The learned counsel appearing for the respondents on the other hand contended that it was on account of the fact that there were no eligible candidates available for filling up the in-service quota seats that the - 21 seats had to be decategorised so that the persons, who are meritorious would get a chance to opt for the said seat as well. Our attention is drawn to clause 8(i) of the admission brochure published by the KEA on 07.07.2024. It is contended that it was specifically notified that seats reserved for in-service candidates, which remain unfilled for want of eligible candidates or otherwise shall be added to the non-in service quota as per the Government/DME instructions. It is submitted that there were 353 seats in the in-service quota but only much fewer applications from the eligible candidates. It is submitted that since there was no chance that the available seats would be filled up with eligible candidates from the quota, the decategorization, as specifically provided in the admission brochure, was carried out after the first round of counselling itself since several seats remained vacant. It is submitted that the cancelled seats were made available to general candidates in the second round of counselling itself and that the petitioners who had become eligible only after the reduction of the percentile which occurred after the second round of - 22 counselling was over, can have no right to contend that they should be permitted to participate as in-service candidates after the seats have been decategorized. 8. With regard to the changes brought to the eligibility criteria, it is contended that the impugned order itself specifically narrates the reasons for the said change. It is submitted that a batch of writ petitions had been filed by in-service candidates before this Court contending that in view of the postponement of NEET PG Entrance Test to 11.08.2024 and fixing the cut off date for eligibility as 15.08.2024, the date for eligibility in respect of in-service candidates should also be extended till 31.07.2024. The State was directed to workout a solution after discussing with all stakeholders including the petitioners. A memo was filed on 15.11.2024 before this Court by the State providing inter alia that candidates who fulfil the criteria of one year of regular service and successful completion of probation, thus, totally having a minimum service of three years as on 31.07.2024 shall have second option to select seats which remain after selection of seats by candidates who have - 23 qualified as on 31.03.2024. This proposal was acceptable to the petitioners and the writ petition was closed recording the same. It is submitted that 315 seats were reserved as in- service quota in the year 2023-2024. However, 132 doctors were eligible as per the NEET Examination PGET Rules and 125 Doctors got admission and the remaining 190 seats had to be transferred to the non-in service category. It is stated that it was to see that more eligible in-service candidates would have an opportunity to participate in the first rounds of selection that the criteria was changed. The efforts were only to see that the in-service quota seats would be filled up. The said criteria were therefore included in the selection procedure to see that eligible candidates would get admission in the in-service quota. It is submitted that it is on the basis of the revised criteria as per the Executive Order that the first and second rounds of counselling had been held. The petitioners, who were not eligible at the relevant time and who became eligible only long thereafter, on the reduction of the percentile by the MCC can have no claim against persons, who had participated in the - 24 counselling on the basis of the revised criteria and had also been admitted to the seats opted for by them. 9. The learned counsel also placed reliance on the judgment of the Co-ordinate Bench of this Court in W.P.No.6735/2022 (Edn-Res), where an identical issue has been considered. It is contended that the said judgment stands affirmed by the Apex Court by dismissal of SLP No.7296/2022 on 25.04.2022. This Court has clearly held that where the decategorization was provided by the E- Information Bulletin issued in the month of December 2021 and where all remaining vacant seats of in-service candidates had already been filled up, no relief can be granted to the writ petitioners since the decategorized seats already stand filled up. It is contended that the judgment relied on by the writ petitioners, that is, the judgment in W.P.No.19089/2023 was rendered only in view of detailed interim order which was passed on 30.08.2023, directing the respondents not to decategorize the seats allotted under in- service quota till a decision has taken with regard to lowering of the cut off marks, if any. It is contended that in - 25 the present case, the writ petitions are filed by persons, who got the eligibility only much later and therefore the contentions cannot be considered. 10. The learned counsel appearing for the KEA submits that the brochure itself had made it abundantly clear that if any seats reserved for in-service candidates remained unfilled for want of eligible candidates they would be added to the non-in service quota seats. 11. Having considered the contentions advanced, we notice that the writ petitioners are persons, who have acquired eligibility to participate in the selection process only by lowering of the eligibility criteria which was notified for the first time by the MCC on 06.01.2025. It is an admitted fact that the in-service quota seats which remain vacant for want of eligible candidates in terms of the brochure stood decategorized in the second round of counselling itself, that is, even before the petitioners became eligible to participate in the selection. Therefore, at the time when the petitioners became eligible to participate in the selection there is no - 26 longer a category of seats reserved for in-service candidates. The petitioners are free to participate in the remaining rounds of counselling as general candidates. As general candidates, they have no right to contend that other persons should not have been permitted to participate in the selection for the in-service quota seats. The eligibility of the petitioners having occurred only much later, we are of the clear view that the petitioners do not have the locus standi to contend that the criteria for selection of in-service candidates was illegal. We notice that three rounds of counselling have already taken place and the undoing of the counselling at this stage that too at the instance of candidates who acquired the eligibility to participate in the selection only in January 2025 would amount to grave injustice to those candidates who have already participated in the selection process. This is more so, in view of the fact that there was an earlier Writ Petition, where the eligible in- service candidates had agreed to change in the eligibility criteria as provided in the Executive Order that is under challenge in these writ petitions. - 27 12. In the above factual situation, we are of the opinion that the prayers raised in these Writ Petitions cannot be granted in the light of what has been stated above. Writ Petitions therefore fail and the same are accordingly dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE cp*