- 1 - HC-KAR NC: 2025:KHC:33926-DB WP No. 12699 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH 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. 12699 OF 2025 (EDN-RES) BETWEEN: SAANIDHAY MALIK S/O UMENDER MALIK AGED 18 YEARS R/O HOUSE NO.1020 WARD NO.12 DEV COLONY, ROHTAK HARYANA - 124 001 …PETITIONER (BY SRI ANIRUDH CHAMUNDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU-560 001 2. KARNATAKA EXAMINATIONS AUTHORITY 18TH CROSS, SAMPIGE ROAD MALLESHWARAM BENGALURU - 560 012 3. DIRECTOR KARNATAKA EXAMINATIONS AUTHORITY 18TH CROSS, SAMPIGE ROAD Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33926-DB WP No. 12699 of 2025 MALLESHWARAM BENGALURU - 560 012 4. KEMPEGOWDA INSTITUTE OF MEDICAL SCIENCES REP. BY REGISTRAR SIDDANNA LAYOUT BANASHANKARI STAGE II BANASHANKARI BENGALURU - 560 070 5. PRINCIPAL KIMS, BENGALURU SIDDANNA LAYOUT BANASHANKARI STAGE II BANASHANKARI BENGALURU - 560 070 6. WARDEN KIMS, BENGALURU SIDDANNA LAYOUT BANASHANKARI STAGE II BANASHANKARI BENGALURU - 560 070 …RESPONDENTS (BY SRI SUDEV HEGDE, AGA FOR R-1; SRI N.K. RAMESH, ADVOCATE FOR R-2 & R-3; SRI C.N. KESHAVA MURTHY, ADVOCATE FOR R-4 TO R-6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A DIRECTION IN THE NATURE OF CERTIORARI TO THE EXTENT OF SETTING ASIDE PENALTY OF RS.12,00,867/- IMPOSED BY RESPONDENT NO.1 VIDE CANCELLATION ORDER BEARING NO.M-1241 DATED 14.10.2024 (ANNEXURE-A) AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33926-DB WP No. 12699 of 2025 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The petitioner appeared in the NEET UG-2024 examination for which the result was published on 26.07.2024. The petitioner secured All India Rank of 24348 as a General Category candidate. The petitioner could not secure the Government medical seat in the first round of counselling conducted by the Karnataka Examinations Authority (KEA), respondent No.2. The petitioner was allotted a private seat in Kempegowda Institute of Medical Sciences (KIMS), respondent No.4. The petitioner paid tuition fee of Rs.12,00,867/- to KIMS. The petitioner thereafter participated in further rounds of counselling in the hope of securing Government seat. 2. After completion of third round of All India Counseling, the petitioner could secure a seat at Government Medical College, Gadwal, Telangana. As the - 4 - HC-KAR NC: 2025:KHC:33926-DB WP No. 12699 of 2025 petitioner had secured a Government seat after third round of counselling, he sought cancellation of private seat at KIMS. The KIMS, acceding to the request made by the petitioner, cancelled his admission, however, imposed penalty of Rs.12,00,867/- paid by him towards tuition fee. 3. The college has refunded Rs.1,31,000/- paid by the petitioner towards hostel and mess fee to the bank account of the petitioner. Now, the petitioner has filed this writ petition with the following prayers: "(i) Issue a direction in the nature of certiorari, to the extent of setting aside penalty of Rs.12,00,867/-, i.e., Rupees Twelve Lakh Eight Hundred & Sixty Seven Only, imposed by Respondent No.1 vide Cancellation Order bearing No.M-1241 dated 14.10.2024 [ANNEXURE-A]; & (ii) Issue a direction in the nature of mandamus, directing the Respondents to refund a total amount of Rs.12,74,517/- [Rupees - 5 - HC-KAR NC: 2025:KHC:33926-DB WP No. 12699 of 2025 Twelve Lakh Seventy Four Thousand Five Hundred & Seventeen Only] paid by the Petitioner herein along with Interest of 12% from the date of Cancellation Order, i.e., 14.10.2024 till the date of refund." 4. Learned counsel for the petitioner submits that Rule 12(1) of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions (Amendment) Rules, 2006 (for short, 'the said Rules') are not applicable to private colleges and institutions and therefore, imposing penalty of forfeiting tuition fee of Rs.12,00,867/- is illegal and a mandamus be issued to the college to refund the tuition fee. 5. The submission advanced by the learned counsel for the petitioner that the said Rules are applicable only to the Government seats is incorrect. After the KEA has been constituted for conducting the counselling for admission to the professional courses in Government and private - 6 - HC-KAR NC: 2025:KHC:33926-DB WP No. 12699 of 2025 educational colleges, the said Rules have been incorporated in the Information Bulletin and prospectus and it provides that if a candidate who has been allotted a seat in any discipline in an engineering college or institution, surrenders the seat after completion of respective Casual Vacancy Round, the Executive Director shall forfeit the entire fee paid and that the candidate shall be liable to pay a penalty of five times of the fee. 6. Thus, the brochure issued by the KEA for UG 2024 conducted by National Testing Agency makes it abundantly clear that the said Rule should be applicable not only to the Government professional institutions, but also to the private institutions. This Court, in similar circumstances, has rejected the claim of another candidate in W.P.No.18859/2024 vide judgment dated 31.07.2025. 7. Rule 12(4) of the said Rules provides that payment of penalty is mandatory and no exemption from penalty on payment to any category candidate is admissible. Rules 12(4) and 12(5) read as under: - 7 - HC-KAR NC: 2025:KHC:33926-DB WP No. 12699 of 2025 "(4) As per rule 12(2) of CET-2006 rules, payment of penalty is mandatory and no exemption on penalty payment to any category candidate. If a Candidate who has been allotted a seat in any discipline in an Engineering College or Institution under sub-rule (4) of rule 10 surrenders the seat after completion of respective Casual Vacancy Round, the Executive Director shall forfeit the entire fee paid and the candidate shall be liable to pay a penalty of five times of the fee. (5) If a candidate does not surrender the allotted seat in any discipline in an Engineering College or Institution under sub-rule (4) of rule 10 or fail to join the allotted college even after the completion of the Casual Vacancy Round, the Executive Director, Karnataka Examinations Authority shall forfeit the entire fee amount paid by the candidates and - 8 - HC-KAR NC: 2025:KHC:33926-DB WP No. 12699 of 2025 the candidate shall be liable to pay a penalty of five times of the fee." 8. In view of the categorical Rules, which have been adopted by the KEA regarding the penalty and non-refund of the fee, we do not find any substance in this writ petition which is hereby dismissed. No order as to costs. Pending I.As, if any, stand disposed off as they do not survive for any consideration. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE BKV List No.: 1 Sl No.: 30