- 1 - HC-KAR NC: 2025:KHC:45263-DB WP No. 33292 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 33292 OF 2025 (EDN-MED ADM) BETWEEN: HARSHITA UMESH, AGE ABOUT 25 YEARS, D/O UMESH BANGALORE MUNIYAPPA, 432, 4TH CROSS 4TH MAIN, KENGERI SATELLILTE TOWN, BENGALURU-560 072. …PETITIONER (BY SRI. AJOY KUMAR PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILYL WELFARE SERVICES (MEDICAL EDUCATION), VIKASA SOUDHA, BENGALURU-560 001. 2. DIRECTORATE OF MEDICAL, EDUCATION IN KARNATAKA, BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (OLD BUILDING), KR ROAD, FORT BENGALURU-560 002, REP. BY ITS DIRECTOR. Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45263-DB WP No. 33292 of 2025 3. KARNATAKA EXAMINATIONS AUTHORITY, SAMPIGE ROAD 18TH CROSS, MALLESWARAM, BENGALURU-560 012, REP. BY ITS EXECUTIVE DIRECTOR. 4. THE UNION OF INDIA REP. BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, MAJOR DHYAN CHAND NATIONAL STADIUM, INDIA GATE, NEW DELHI-110 001. …RESPONDENTS (BY SMT.N.ANITHA, AGA FOR R1 AND R2, SRI.N.K.RAMESH, ADVOCATE FOR R3, SRI.H.SHANTHI BHUSHAN, DSGI FOR R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS-1 TO 3 TO PERMIT THE PETITIONER TO PARTICIPATE IN THE PGNEET-2025 ONLINE COUNSELLING TO BE CONDUCTED BY THE 3RD RESPONDENT KEA FOR ADMISSION TO PG MEDICAL DEGREE AND DIPLOMA COURSES FOR ALL CATEGORIES OF SEATS (GOVERNMENT SEATS IN GOVERNMENT AND PRIVATE MEDICAL COLLEGES AN PRIVATE SEATS/GMP SEATS/INSTITUTIONAL SEATS IN PRIVATE MEDICAL COLLEGES) IN ACCORDANCE WITH THE LAW LAID DOWN BY THE APEX COURT IN WP (C) NO.891/2021 DATED 03/02/2023 (ANUSHKA RENGUNTHWAR AND OTHERS VS UNION OF INDIA - 3 - HC-KAR NC: 2025:KHC:45263-DB WP No. 33292 of 2025 AND OTHER REPORTED IN AIR 2023 SUPREME COURT 903), PALLAVI VS UNION OF INDIA AND OTHERS (2023 SCC ONLINE 1089) AND ANNEXURE-K DATED 20/09/2024 IN WP NO.25051/2024 IN PRANAV SHASTRYS CASE AND THE PROVISIONS OF THE KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND DETERMINATION OF FEE) ACT, 2006, FOR WHICH COUNSELING IS CONDUCTED BY THE 3RD RESPONDENT KEA, ON THE BASIS OF HER MERIT AND RANKING IN PG-NEET 2025 FOR THE ACADEMIC YEAR 2025-26 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) This petition has been filed primarily to seek a direction to respondents No.1 to 3 to permit the petitioner to participate in the PG NEET -2025 online counseling to be conducted by the Karnataka Examination Authority1 for admission to PG Medical Decree and Diploma Courses for all categories of seats. 1 KEA - 4 - HC-KAR NC: 2025:KHC:45263-DB WP No. 33292 of 2025 2. Today, an affidavit has been filed by Sri. N.K. Ramesh, Advocate for the KEA in which it is stated that all OCI candidates are considered for allotment on par with Indian citizens and they are entitled to claim PG seats as Indian citizens and they are even allowed to claim Government seats. But they are not entitled to claim any statutory reservations. It is submitted as per clause code “Z” mentioned in the Information Bulletin, online application and verification slip is only to see that OCI/NRI/PIOs candidates are identified as such. Irrespective of the clause code, for entering options the OCI card holders are considered as Karnataka candidates as against Government and all other seats subject to fulfillment of other eligibility criteria. 3. This affidavit is taken on record after it having been served on the learned counsel appearing for the petitioner. - 5 - HC-KAR NC: 2025:KHC:45263-DB WP No. 33292 of 2025 4. On perusal of the affidavit, learned counsel for the petitioner has fairly stated that in view of the stand reflected in the affidavit by the KEA, the cause of action does not survive. This petition is therefore dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (K. V. ARAVIND) JUDGE BVK List No.: 1 Sl No.: 15