- 1 - HC-KAR NC: 2026:KHC:28150-DB WP No. 16232 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 16232 OF 2026 (EDN-RES) BETWEEN: MR. SYED OWAIS S/O SYED WASEEM, AGED ABOUT 18 YEARS, R/AT NO.87, WEST WIND MILLER APARTMENT, FLAT NO.101, ITI LAYOUT, NEAR DIVINE HOSPITAL, S.K. GARDEN, BENSON TOWN, BENGALURU – 560 046. …PETITIONER (BY MS. BHAVANA N. PATIL, ADVOCATE FOR SRI. ABHISHEK MALIPATIL, ADVOCATE) AND: 1. NATIONAL TESTING AGENCY REP. BY ITS DIRECTOR GENERAL, FIRST FLOOR, NSIC-MDBP BUILDING, OKHLA INDUSTRIAL ESTATE, NEW DELHI – 110 020. 2. UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, ROOM NO.11068, B-WING KARTAVYA BHAVAN-1 NEW DELHI – 110 001. Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28150-DB WP No. 16232 of 2026 3. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001. 4. KARNATAKA EXAMINATIONS AUTHORITY REP. BY ITS EXECUTIVE DIRECTOR, 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU – 560 012. …RESPONDENTS (BY SRI. ARAVIND KAMATH, ASGI FOR R1 AND R2; SMT. PRAMODHINI KISHAN, AGA FOR R3; SRI. N.K. RAMESH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO a)ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING RESPONDENT NOS.1 AND 2 TO CONSIDER AND DISPOSE OF THE PETITIONERS REPRESENTATIONS DATED 29/05/2026 VIDE ANNEXURE-F TO F4 RESPECTIVELY, IN ACCORDANCE WITH LAW AND WITHIN A TIME FRAME TO BE STIPULATED BY THIS HONBLE COURT 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 MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:28150-DB WP No. 16232 of 2026 ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) This petition has been filed seeking the following relief: “a) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction directing Respondents No.1 and No.2 to consider and dispose of the Petitioner’s representations dated 29.05.2026 vide Annexure F to F4 respectively, in accordance with law and within a time frame to be stipulated by this Hon’ble Court; b) Issue a writ in the nature of Declaration declaring the action of Respondent No.1 in refusing to permit fresh registration for the re-conducted NEET (UG) 2026 examination, despite cancellation of the original examination, as arbitrary, discriminatory, unreasonable, violative of Articles 14 and 21 of the Constitution of India and consequently unconstitutional; c) Pass such other writ, order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case, including an award of costs, in the interest of justice and equity.” 2. When the matter was taken up yesterday, the following order was passed: “The Additional Solicitor General1 has filed documents before this Court including a copy of Writ Petition (Civil) No.657/2026 (Ms. C. Varsha Chowdary vs. National Testing Agency and another) filed before the Supreme Court as well as an order passed thereon, to contend that on identical facts, a writ petition under Article 32 of the Constitution of India was presented seeking similar reliefs as sought by the petitioner in the 1 ASG - 4 - HC-KAR NC: 2026:KHC:28150-DB WP No. 16232 of 2026 instant case. It is stated that, after careful consideration of the material and hearing the counsel for the petitioner at length, the Supreme Court declined to entertain the petition under Article 32 of the Constitution of India. He contends that the instant petition being filed on identical facts, cannot stand. He has also referred to an order dated 29.04.2026 passed by the Supreme Court in SLP (C) No. 15381/2026 in support of his contention that the judgment of this Court dated 23.04.2026 passed in Writ Petition No.12181/2026 filed by the aforesaid Ms. C. Varsha Chowdary, was challenged by her in the Supreme Court. But, the Supreme Court declined to interfere in the judgment of this Court. It is contended that in Writ Petition No.12181/2026, the contentions raised by the candidates were similar to the ones being raised by the petitioner in the instant petition. Learned counsel for the petitioner, on the other hand, has contented that he wishes to file certain documents. As prayed, list this petition on 11.06.2026 at the top of the list.” 3. Today, in view of the submission made by the learned counsel for the petitioner that the petitioner had received his class 12 result after the declaration of the result of the examination conducted by respondent No.1 and as such would be entitled to appear in the re-examination being held, learned Additional Solicitor General of India Sri. Aravind Kamath has referred to an information bulletin containing an important instructions pertaining to National Eligibility Cum Entrance Test (UG) of NEET (UG), 2026 with - 5 - HC-KAR NC: 2026:KHC:28150-DB WP No. 16232 of 2026 pointed reference to clauses 9 and 10 thereof which read as under: “9. Those Candidates who have passed should fill Code 02 to 07 against the column provided for, in case of Qualifying Examination. Candidates are advised to refer to Chapter 6 for eligibility and qualification for appearing in NEET (UG) 2026. 10. Candidates appearing in Class 12 in 2026 should select Qualifying Code as 01.” 4. It is his contention that in view of clause 10, it was open for all candidates appearing in Class 12 in the year 2026 should select a Qualifying Code. 5. In view of the aforesaid, as well as the submissions as noted in the previous order of the Court, we are not inclined to interfere in this petition. This petition is therefore dismissed. 6. Although request for pass over was made by the learned counsel for the petitioner, given the order passed yesterday that the matter will be listed at the top of the list, as well as the settled position of law in terms of the judgment of the Supreme Court in Ms. C. Varsha Chowdary vs. National - 6 - HC-KAR NC: 2026:KHC:28150-DB WP No. 16232 of 2026 Testing Agency and Another in Writ petition (Civil) No.657/2026, this Court was not inclined to adjourn the matter any further. Sd/- (JAYANT BANERJI) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE KG List No.: 2 Sl No.: 1