- 1 - HC-KAR NC: 2025:KHC:34553-DB WP No. 24032 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 24032 OF 2025 (EDN-RES) BETWEEN: 1. GAGAN SATWIK AGED 18 YEARS S/O LATE DR S T MANJUNATH R/AT NO. NO.51/2, SARAKKI 1 CROSS, 13TH MAIN, SARAKKI GATE, ANJANEYA TEMPLE STREET KANAKAPURA MAIN ROAD JP NAGAR I PHASE BENGALURU-560078 REPRESENTED BY MOTHER AND BEST FRIEND SMT SHYLAJA S …PETITIONER (BY SRI. MONESH KUMAR K B., ADVOCATE) AND: 1. KARNATAKA EXAMINATION AUTHORITY 18TH CROSS ROAD, SAMPIGE RD, MALLESHWARAM, BENGALURU-560012 2. THE DIRECTOR OF MEDICAL EDUCATION BMC & RI (OLD BUILDING) I FLOOR, FORT, K R ROAD BENGALURU-560002 3. THE SECRETARY HEALTH & FAMILY WELFARE DEPARTMENT VIKAS SOUDHA, BENGALURU-560001 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34553-DB WP No. 24032 of 2025 4. THE DIRECTORATE GENERAL OF HEALTH SERVICES NIRMAN BHAVAN, NEW DELHI-110108 5. THE UNDER SECRETARY UNDER GRADUATE MEDICAL EDUCATION BOARD NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR -8 DWARKA PHASE-1, NEW DELHI-110077 6. THE SECRETARY/DDG(ME), MEDICAL COUNSELLING COMMITTEE, MCC OF DGHA, NIRMAN BHAWAN NEW DELHI-110011 …RESPONDENTS (BY SRI. N.K.RAMESH, ADVOCATE FOR R-1; SRI. SUDEV HEGDE, AGA FOR R-2 & R-3; SRI. SHANTHI BHUSHAN H, DSGI FOR R-4 & R-6 (MA NOT FILED) SRI. N.KHETTY, ADVOCATE FOR R-5 (VK NOT FILED)) THIS WRIT PETITION IS UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, FILED PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER AND ACT UPON THE SAME AS SOUGHT IN THEIR REPRESENTATION DATED 06.06.2025 AND 11.08.2025 AND GRANT A MEDICAL SEAT UNDER THE DECEASED COVID WARRIOURS SCHEME PRODUCED AS ANNEXURE-N AND ANNEXURE-N1, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR NC: 2025:KHC:34553-DB WP No. 24032 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The petitioner has appeared for NEET - 2025 for admission in MBBS Course. The petitioner could not secure a Government seat as per his ranking in NEET - 2025 results. 2. The petitioner's father while on duty was infected by COVID virus and died on 26.08.2020. The petitioner claims that his case for admission should be considered against the four seats earmarked for the wards of COVID warriors in four named Government Medical Colleges under the scheme established by the Ministry of Health and Family Welfare. 3. The fifth Government Medical College is a Girl's Medical college where one seat was reserved for the wards of the COVID warriors for the year 2020-21. 4. Learned counsel for the petitioner submits that the COVID warrior quota scheme being a beneficial - 4 - HC-KAR NC: 2025:KHC:34553-DB WP No. 24032 of 2025 scheme should be extended to the wards of COVID warriors, the scheme should not be limited only for two years i.e, 2020 and 2021. The Government should be directed to extend the said scheme even for the current year i.e., 2025. 5. On 28.08.2025, this Court passed the following order: "Sri Shanti Bhushan, learned Deputy Solicitor General of India has brought on record the written instructions received by him in respect of the COVID-Warrior Quota scheme established by the Ministry of Health and Family Welfare for granting admission to the wards of the Covid warriors against five MBBS seats in five Central Government Medical Colleges for academic session 2020 and 2021. The instructions categorically provide that the said scheme was available only for two academic sessions i.e., 2020 and 2021, and thereafter, the said scheme has not been extended, and it has come to an end. The learned counsel for the petitioner submits that he would make an endeavor to cite a few judgments wherein it has been held - 5 - HC-KAR NC: 2025:KHC:34553-DB WP No. 24032 of 2025 that by judicial intervention a beneficiary scheme can be extended beyond its life. At the request of the learned counsel for the petitioner, post this writ petition on 01.09.2025. " 6. Learned counsel for the petitioner has placed reliance on some judgments, however, none of the decisions of any of the High Court or the Supreme Court holds that a beneficial scheme can be extended by judicial intervention beyond its life. 7. Providing reservation to the wards of COVID warriors is a policy decision which is within the exclusive domain of the Executive. Once it is affirmed that the said policy decision was limited only for two years i.e, 2020 and 2021, we cannot extend the said policy decision of providing reservation against five seats in Central Government Medical Colleges in All India Quota after 2021 session. - 6 - HC-KAR NC: 2025:KHC:34553-DB WP No. 24032 of 2025 8. We may also extract the observation of the Supreme Court in the case of Anun Dhawan and Others Vs. Union of India and others reported in 2024 SCC OnLine Sc 179 which aptly apply to the facts of the present case. "8. It is well settled that the scope of judicial review in examining the policy matters is very limited. The Courts do not and cannot examine the correctness, suitability or appropriateness of a policy, nor are the courts advisors to the executive on the matters of policy which the executive is entitled to formulate. The Courts cannot direct the States to implement a particular policy or scheme on the ground that a better, fairer or wiser alternative is available. Legality of the policy, and not the wisdom or soundness of the policy, would be the subject of judicial review." 9. We may have to say that we have full sympathy for the petitioner who lost his father who was working as Doctor during difficult times, but we cannot formulate the policy or extend the scheme which has lived its life. The petitioner may however request the Ministry of Health and - 7 - HC-KAR NC: 2025:KHC:34553-DB WP No. 24032 of 2025 Family Welfare, Government of India for its response and the said Ministry should take appropriate decision on such a request of the petitioner if so made. 10. With the above observation, we dispose of the writ petition. If any application is submitted before the Central Medical Education Board/National Medical Commission and if such an application is already forwarded to the Ministry of Health and Family Welfare, Government of India, same should be disposed of expeditiously. SD/- (D K SINGH) JUDGE SD/- (VENKATESH NAIK T) JUDGE RKA List No.: 1 Sl No.: 13