- 1 - HC-KAR NC: 2026:KHC:31010-DB WP No. 11349 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 11349 OF 2026 (EDN-RES) BETWEEN: AL AMEEN MEDICAL COLLEGE AND HOSPITAL OWNED AND MANAGED BY THE AL-AMEEN CHARITABLE FUND TRUST, ATHANI ROAD, VIJAYAPUR-586 108. REPRESENTED BY ITS PRINCIPAL/DEAN, DR. NISHIKANT.N.GUJAR, S/O MR.NAMDEV, AGED 55 YEARS. …PETITIONER (BY SRI. ABHISHEK MALIPATIL., ADVOCATE) AND: 1. STATE OF KARNTAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MEDICAL EDUCATION, VIKASA SOUDHA, DR. B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. KARNATAKA EXAMINATIONS AUTHORITY (KEA), REPRESENTED BY ITS EXECUTIVE DIRECTOR, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560 012. 3. DIRECTORATE OF MEDICAL EDUCATION (DME), REPRESENTED BY ITS DIRECTOR, ANANDA RAO CIRCLE, BENGALURU-560 009. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR NC: 2026:KHC:31010-DB WP No. 11349 of 2026 4. NATIONAL MEDICAL COMMISSION (NMC) REPRESENTED BY ITS SECRETARY, POCKET-14, SECTOR-8, DWARKA PHASE-I, NEW DELHI–110 077. 5. POST GRADUATE MEDICAL EDUCATION BOARD (PGMEB), UNDER THE NATIONAL MEDICAL COMMISSION, REPRESENTED BY ITS PRESIDENT, POCKET-14, SECTOR-8, DWARKA PHASE-I, NEW DELHI-110 077. 6. MEDICAL COUNSELLING COMMITTEE (MCC), THROUGH DIRECTORATE GENERAL OF HEALTH SERVICES (DGHS), REPRESENTED BY ITS DIRECTOR GENERAL, MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAWAN, NEW DELHI – 110 011. …RESPONDENTS (BY SMT. PRATHIBHA.R.K., AGA FOR R1 & R3; SMT. PRAMODHINI KISHAN., ADVOCATE FOR R2; SRI. SHOWRI.H.R., ADVOCATE FOR R4 & R5; SRI. H.SHANTHI BHUSHAN., DSGI FOR R6) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DECLARING THAT THE ACTION OF THE RESPONDENTS IN RESTRICTING THE COUNSELLING PROCESS FOR PG NEET 2025 TO A FIXED NUMBER OF ROUNDS, DESPITE THE EXISTENCE OF VACANT SEATS, IS ARBITRARY, ILLEGAL AND VIOLATIVE OF THE POST-GRADUATE MEDICAL EDUCATION REGULATIONS, 2023. TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONDUCT ADDITIONAL ROUNDS OF COUNSELLING FOR ADMISSION TO POSTGRADUATE MEDICAL COURSES FOR THE ACADEMIC YEAR 2025-26, IN ACCORDANCE WITH REGULATION 4.3 OF THE PGMER, 2023, AS TO ENSURE THAT ALL VACANT SEATS ARE DULY FILED ON THE BASIS OF MERIT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:31010-DB WP No. 11349 of 2026 CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) The aforesaid writ petition is filed seeking the following reliefs: “ i. Issue a writ of certiorari or any other appropriate writ, order or direction declaring that the action of the Respondents in restricting the counselling process for PG NEET 2025 to a fixed number of rounds, despite the existence of vacant seats, is arbitrary, illegal and violative of the Post-Graduate Medical Education Regulations, 2023; ii. Issue a writ of mandamus directing the Respondents to conduct additional rounds of counselling for admission to Postgraduate Medical Courses for the academic year 2025-26, in accordance with Regulation 4.3 of the PGMER, 2023, so as to ensure that all vacant seats are duly filled on the basis of merit; iii. In the alternative, issue a writ of mandamus directing the Respondents to forthwith conduct reconciliation in terms of Rule 17 of the Karnataka Conduct of Entrance Test Rules, 2006, identify and notify all vacant Postgraduate medical seats, and permit the Petitioner institution to fill such vacant seats from among eligible NEET-PG 2025 qualified candidates, within such time as may be stipulated by this Hon'ble Court; - 4 - HC-KAR NC: 2026:KHC:31010-DB WP No. 11349 of 2026 iv. Issue a writ of mandamus or appropriate direction declaring that the Petitioner institution is entitled to fill up its vacant management/NRI quota seats, strictly in accordance with merit and applicable regulations, in the event of failure of the Respondents to complete the counselling process; v. Issue a writ of mandamus directing the Respondents not to take any coercive action, including cancellation or invalidation of admissions made pursuant to the directions of this Hon'ble Court, in respect of seats filled in compliance with the orders passed herein; vi. Declare that the non-filling of vacant Postgraduate medical seats, despite availability of eligible candidates, is contrary to the object of the statutory framework and violative of Articles 14 and 30 of the Constitution of India; vii. Grant such other and further reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. The contention of the learned counsel for the petitioner is that, under Rule 17 of the Conduct of Entrance Test for Selection and Admission to Post- Graduate Medical and Dental Degree and Diploma Courses Rules, 2006, after the closing date for allotment fixed by the Government is over, a reconciliation meeting regarding - 5 - HC-KAR NC: 2026:KHC:31010-DB WP No. 11349 of 2026 the number of unfilled and unallotted seats shall be held between the Director of Medical Education and the respective private Colleges. After identifying the vacant seats, notification shall be issued regarding the vacant seats by the Director. Such seats, if any, thereafter shall be filled by the respective Colleges, within the dates stipulated by the University. It is contented that admittedly, several vacant seats exist and so the petitioner which is a private Medical College should be permitted to admit eligible students against the vacant seats. 3. Attention has also been drawn to Regulation 4.3 of the Postgraduate Medical Education Regulations, 20231 to contend that there is no limit to the number of rounds of common counselling which may be held. It is contented that there is only practical training imparted to the students and no specific structured training is provided to the candidates. In this view of the matter also, he contends that the petitioner / Institute should be 1 PGMER 2023 - 6 - HC-KAR NC: 2026:KHC:31010-DB WP No. 11349 of 2026 permitted to admit eligible candidates against the vacant seats. 4. The learned counsel appearing for the respondents contend that after the Regulations in PGMER 2023 were framed in accordance with Section 58 of the National Medical Commission Act, 2019, Rule 17 of the aforesaid Rules of 2006 has been rendered redundant. It is further contented that the provisions of Regulation 4.3 and 4.5 of the aforesaid PGMER 2023 itself mandate admission by way of common counselling to be held by the designated authority nominated under Regulation 4.4 of the aforesaid PGMER 2023. It is further contended that Chapter V of the aforesaid PGMER 2023 itself provide for a structured training programme for post-graduate candidates. Therefore, the submissions made by learned counsel for the petitioner do not deserve acceptance. 5. At this stage, when confronted, learned counsel for the petitioner has submitted a memo in Court seeking to withdraw the petition, keeping open the contentions - 7 - HC-KAR NC: 2026:KHC:31010-DB WP No. 11349 of 2026 raised by the petitioner and to dismiss the petition as not pressed. 6. However, in view of the fact that the matter has been heard at length, though we permit the petitioner to withdraw the petition, but no liberty is granted. This petition is accordingly dismissed as withdrawn. Sd/- (JAYANT BANERJI) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE KS List No.: 1 Sl No.: 16