- 1 - HC-KAR NC: 2025:KHC:30692-DB WP No. 21609 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 21609 OF 2025 (EDN-RES) BETWEEN: 1. MR. SOURABH HOLEPPAGOL S/O KEMPANNA, AGED ABOUT 21 YEARS, HULLOLI, HUKKERI, BELAGAVI (BELAGAUM) KARNATAKA 591 305. ALSO AT, 1ST YEAR, BAMS, GOVERNMENT AYURVEDIC MEDICAL COLLEGE, AND TEACHING HOSPITAL, SAGARA ROAD, OPPOSITE TO CIRCUIT HOUSE, SHIVAMOGGA - 577 204. …PETITIONER (BY SRI. P.P.HEGDE, SENIOR COUNSEL, ADVOCATE FOR SRI. SIDDHARTH PADMARAJ DEASI., ADVOCATE) AND: 1. KARNATAKA EXAMINATION AUTHORITY 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU 560012. REPRESENTED BY ITS EXECUTIVE DIRECTOR. 2. STATE OF KARNATAKA DEPARTMENT OF HIGHER EDUCATION GOVERNMENT OF KARNATAKA, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30692-DB WP No. 21609 of 2025 SECRETARY ESTABLISHMENT, 2ND GATE, 6TH FLOOR, M S BUILDING 560012. REPRESENTED BY ITS PRINCIPAL SECRETARY. 3. A J INSTITUTE OF MEDICAL SCIENCE NH-66, KUNTIKAN, MANGALORE 575004. 4. KEMPEGOWDA INSITUTE OF MEDICAL SCIENCES SIDDANNA LAYOUT, BANASHANKARI II STAGE, BENGALURU 560 070 …RESPONDENTS (BY SRI. N.K.RAMESH., ADVOCATE FOR R-1; SRI. SUDEV HEGDE, AGA FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR DIRECTION OR ORDER TO THE RESPONDENTS TO FILL UP THE MBBS SEAT WHICH HAS FALLEN VACANT DUE TO CANCELLATION OF THE SEATS TO TWO STUDENTS INVOLVED IN MALPRACTICE, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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:30692-DB WP No. 21609 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) Heard Mr. P.P. Hegde, learned Senior Counsel assisted by Mr. Siddharth Padmaraj Desai learned counsel for the petitioner, Mr. N. K. Ramesh, learned counsel for respondent No.1 and Mr. Sudev Hegde, learned Additional Government Advocate for respondent No.2. 2. The petitioner appeared for the National Eligibility Cum Entrance Test (NEET) 2024. He did not secure a rank for admission in the MBBS course. The petitioner thereafter claimed that he should be given admission under the Sports Quota, however, the said claim remained unsuccessful up to the Hon'ble Supreme Court. Now, the petitioner has come before this Court in this petition to fill up the MBBS seats in respondents No.3 and 4 - Colleges for the academic year 2024-25 which have been fallen vacant because of cancellation of admission of some students after the final round of Counselling got over. 3. The petitioner has not been able to demonstrate under what provision of law, the seats which becomes vacant - 4 - HC-KAR NC: 2025:KHC:30692-DB WP No. 21609 of 2025 after the final round of counselling is to be filled up by the students who had taken the NEET examination only and allotted college(s) through Counselling. 4. It is well settled that all seats under MBBS course are to be filled up through Counselling. After all rounds of counselling are over, there is no question of filling up the seat if it falls vacant because of cancellation of admission or leaving of the course by some of the students. 5. The learned Senior Counsel for the petitioner has not been able to persuade us with the relevant provisions of rule in the prospectus which provide that after the final round of the counselling, if the seats fall vacant because of one or the other reason such as, leaving the course by student or cancellation of the admission on any other ground, a fresh counselling should take place. 6. NEET-2025 has also taken place and counselling process is going on. Now, there is no question of filling up the seats through Counselling for the academic session-2024-25 as - 5 - HC-KAR NC: 2025:KHC:30692-DB WP No. 21609 of 2025 the first round of the counselling is already over for the present academic session. 7. In view of the afore, we do not find any substance in the writ petition and therefore, the writ petition is dismissed. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RKA List No.: 1 Sl No.: 7