- 1 - HC-KAR NC: 2025:KHC:38028-DB WP No. 27756 of 2025 C/W WP No. 28340 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND 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.27756 OF 2025 (EDN-RES) C/W WRIT PETITION NO.28340 OF 2025 (EDN-MED ADM) IN WP No.27756/2025 BETWEEN: SHRI DANUSH B. PRAVEEN S/O. SHRI PRAVEEN B.J. AGED ABOUT 18 YEARS RESIDENT OF NAYANA 5TH CROSS, NEAR NAGARAJ NEURO HOSPITAL ACHUTA RAO LAYOUT SHIVAMOGGA-577 201. …PETITIONER (BY SRI B.VACHAN, FOR SRI SANDESH P. NADIGER, ADVOCATES) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MEDICAL EDUCATION VIKASA SOUDHA BENGALURU-560 001. 2. KARNATAKA EXAMINATIONS AUTHORITY (KEA) BY ITS EXECUTIVE DIRECTOR SAMPIGE ROAD, 18TH CROSS MALLESHWARAM BENGALURU-560 012. Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38028-DB WP No. 27756 of 2025 C/W WP No. 28340 of 2025 3. MEDICAL COUNCIL COMMITTEE (MCC) DIRECTORATE GENERAL OF HEALTH SERVICES GOVERNMENT OF INDIA NEW DELHI-110 001. …RESPONDENTS (BY SRI SUDEV HEGDE, ADVOCATE FOR R-1; SRI N.K. RAMESH, ADVOCATE FOR R-2; SRI SHANTHI BHUSHAN, DSGI FOR R-3) * * * THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 KEA TO PERMIT THE PETITIONER TO CONVERT HIS CATEGORY FROM GM TO NRI FOR THE PURPOSE OF NEET-UG 2025 COUNSELLING AND TO ENABLE ONLINE OPTION ENTRY ACCORDINGLY AND ETC. IN WP NO.28340/2025 BETWEEN: SUMEDH AGARA NARENDRA S/O. NARENDRA AGARA VENKATASWAMY AGED ABOUT 18 YEARS RESIDING AT NO.1770, 22ND CROSS MAGADI CHORD ROAD, VIJAYANAGAR BENGALURU, KARNATAKA - 560 040. ...PETITIONER (BY SRI B.S. JEEVAN KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT (MEDICAL EDUCATION) VIDHANA SOUDHA DR. B.R. ARMBEDKAR VEEDHI - 3 - HC-KAR NC: 2025:KHC:38028-DB WP No. 27756 of 2025 C/W WP No. 28340 of 2025 BENGALURU-560 001. 2. THE KARNATAKA EXAMINATIONS AUTHORITY (KEA) SAMPIGE ROAD, 18TH CROSS MALLESWARAM BENGALURU-560 012. REPRESENTED BY ITS EXECUTIVE DIRECTOR. 3. THE DIRECTORATE OF MEDICAL EDUCATION ANAND RAO CIRCLE BENGALURU- 560 009. KARNATAKA REPRESENTED BY ITS DIRECTOR. 4. NATIONAL MEDICAL COMMISSION POCKET-14, SECTOR-8 DWARKA PHASE-1 NEW DELHI-110 077 REPRESENTED BY ITS SECRETARY. ...RESPONDENTS (BY SRI SUDEV HEGDE, ADVOCATE FOR R-1 AND R-3; SRI N.K. RAMESH, ADVOCATE FOR R-2; SRI N. KHETTY, ADVOCATE FOR R-4) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NOS.1 AN 2 TO ACCEPT THE PETITIONER'S DOCUMENTS, CONSIDER HIS CANDIDATURE UNDER THE NRI-WARD CATEGORY, AND PERMIT HIM TO PARTICIPATE IN ALL SUBSEQUENT ROUNDS OF COUNSELLING FOR ADMISSION TO MBBS COURSES FOR THE ACADEMIC YEAR 2025-2026 AND ETC. THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T - 4 - HC-KAR NC: 2025:KHC:38028-DB WP No. 27756 of 2025 C/W WP No. 28340 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) 1. These two writ petitions have been filed by two students, who appeared in NEET-UG 2025 examination. Both the petitioners applied under 'General Merit' category. The NEET-UG 2025 results were announced on 19.08.2025. Both the petitioners have not been able to secure general merit category seats to get admission in MBBS Course. 2. It appears that the petitioners have now got some sponsorers from abroad under the relevant category for them being treated as NRI candidates. These two writ petitions are filed by the petitioners to seek a writ of mandamus directing the respondent No.2-Karnataka Examinations Authority(for short 'KEA') to change their category from 'General merit' to 'NRI' category. 3. The learned counsel for the petitioners submit that the Medical Council Committee(for short 'MCC') has changed the category for All India quota from 'general merit' to 'NRI' category and therefore, the KEA should also be directed to change the category. - 5 - HC-KAR NC: 2025:KHC:38028-DB WP No. 27756 of 2025 C/W WP No. 28340 of 2025 4. We directed Sri. Shanthi Bhushan, learned Deputy Solicitor General of India appearing for the MCC to take instructions as to whether the MCC category of a student is binding on the KEA and how the MCC can change the category from 'general merit' to 'NRI' category. 5. Sri. Shanthi Bhushan, on the basis of the written instructions submits that the Medical Council Committee's change in category is not binding on KEA. Learned counsel for the petitioners also does not dispute this stand of the Medical Council Committee. However, insofar as the second question is involved, it is said that the MCC has changed the category of candidates to NRI quota in compliance of the orders passed by the Supreme Court in Consortium of Deemed Universities in Karnataka(CODEUNIK) & Anr. Vs. Union of India & Ors. in W.P (Civil)No.689/2017. 6. We have not been confronted with any provision of the examination rules or the prospectus which would confer right on the candidate to change his/her category, after the result of NEET-UG is announced. In the absence of legal right of a candidate, we cannot direct change of category of a candidate from 'general merit' to 'NRI' on the ground that the - 6 - HC-KAR NC: 2025:KHC:38028-DB WP No. 27756 of 2025 C/W WP No. 28340 of 2025 Government has increased NRI seats and these NRI seats have been introduced in the Government medical colleges. Once the candidate has filled the form for a particular category and if he does not change the category within the time prescribed for effecting such a change, after the result is announced, the Court cannot direct the authorities to change the category of the candidate. 7. In view thereof, we do not find any ground to direct the authorities to change the category of petitioners from 'general merit' category to 'NRI' category. However, we direct the KEA and the State Government that after all rounds of counseling, if some seats in NRI category remain unfilled, the petitioners should be considered against those seats, if, they are otherwise qualified and fulfill the criteria of being an NRI candidate. This order is confined only to the petitioners herein. 8. Petitioners are directed to submit their credentials with the KEA for taking appropriate action after all rounds of counseling gets over. - 7 - HC-KAR NC: 2025:KHC:38028-DB WP No. 27756 of 2025 C/W WP No. 28340 of 2025 9. With the aforesaid directions, we dispose of these writ petitions. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE MN List No.: 1 Sl No.: 50