- 1 - HC-KAR NC: 2026:KHC:2072 WP No. 38804 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 38804 OF 2025 (GM-CC) BETWEEN: 1. DR SAGAR K S S/O SHANKAREGOWDA KN AGED ABOUT 35 YRS WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC AKKIHEBBALU, KR PETE TALUK MANDYA DISTRICT-571605. 2. DR. SANDEEPKUMAR. S S/O SHIVAMURTHY S.N AGE-34YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER PHC HANGALA, GUNDLUPET TALUK, RESIDING AT SHIVAPURA, GUNDLUPET TALUK, CHAMARAJANAGAR DISTRICT- 571111. 3. DR. APARNA BHADRA SHETTY D/O. ANNAPPA BHADRASHETTY Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2072 WP No. 38804 of 2025 AGE 37 YEARS WORKING AS GENERAL DUTY MEDICAL OFFICER, PHC GOBBUR B KALABURAGI RESIDING AT 2-910/65/80, DOCTOR'S COLONY, JAYANAGAR, KALABURAGI-585105. &PETITIONERS (BY SRI. V R SARATHY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF BACKWARD CLASSES M.S.BUILDING, BENGALURU-560 001. 2. THE STATE OF KARNATAKA, REP BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE SERVICES, VIKASA SOUDHA, BENGALURU-560 001. 3. THE COMMISSIONER, COMMISSIONARATE OF BACKWARD CLASSES, VASANTH NAGAR, BENGALURU. 4. THE COMMISSIONER, DEPARTMENT OF HEALTH AND - 3 - HC-KAR NC: 2026:KHC:2072 WP No. 38804 of 2025 FAMILY WELFARE SERVICES, AROGYA SOUDHA, LEPROSY HOSPITAL COMPOUND, MAGADI ROAD, BENGALURU-560 023. 5. THE KARNATAKA EXAMINATION AUTHORITY, REP BY ITS EXECUTIVE DIRECTOR, 18TH CROSS, MALLESWARAM, BENGALURU - 560 003. 6. THE DEPUTY COMMISSIONER CUM CHAIRMAN DISTRICT CASTE AND INCOME VERIFICATION COMMITTEE, BACKWARD CLASSES, MANDYA DISTRICT, MANDYA-571401. 7. THE TAHASILDAR, PANDAVAPURA TALUK, MANDYA DISTRICT-571434. 8. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE M S BUILDING BENGALURU - 560 001. &RESPONDENTS (BY SRI.B.RAVINDRANATH., AGA FOR R1 TO R4, R6 TO R8; SRI. N.K. RAMESH., ADVOCATE FOR R5) - 4 - HC-KAR NC: 2026:KHC:2072 WP No. 38804 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- A ISSUE AN APPROPRIATE ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT BEARING NO. SA.BA. YO.CR-47/2025-26, DATED 12-11-2025 (WRONGLY MENTIONED) INSTEAD OF 11-12-2025 (ANNEXURE- A) ISSUED BY THE 7TH RESPONDENT TAHSILDAR AND CONSEQUENTLY DIRECTED THE 7TH RESPONDENT TAHSILDAR TO ISSUE CASTE CERTIFICATE TO THE PETITIONER AND THE FORM-H, DECLARING THE RESPECTIVE CASTE OF PETITIONERS AND NOTIFYING THAT THE CONCEPT OF CREAMY LAYER IS NOT APPLICABLE TO THE IN- SERVICE CANDIDATES FOR ALLOTMENT OF POST GRADUATE MEDICAL SEATS UNDER OBC CATEGORY AND FURTHER PROVIDE ALL THE BENEFITS ACCRUED TO THE PETITIONER UNDER OBC CATEGORY; B. ISSUE AN APPROPRIATE WRIT ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE 2ND AND 3RD RESPONDENT AND RESPONDENT KEA AUTHORITIES TO CONSIDER THE PETITIONERS FOR ALLOTMENT OF POST GRADUATE MEDICAL SEATS UNDER IN-SERVICE CATEGORY FOR THE - 5 - HC-KAR NC: 2026:KHC:2072 WP No. 38804 of 2025 SEATS RESERVED FOR OBC CATEGORY AND FURTHER CONSIDER THE REMARKS FOR THE PURPOSE OF ALLOTMENT OF SEAT UNDER OBC QUOTA AS 40TH PERCENTILE AND ALLOT THE RESPECTIVE SEATS RESERVED UNDER OBC CATEGORY BASED ON THEIR MERITS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners have participated in NEET PG entrance test for admission to Post-graduate Medical Course as in-service candidates and they are aggrieved by the seventh respondent's Endorsement dated 12.11.2025 [Annexure-A]. The seventh respondent has issued this Endorsement stating that the necessary Certificates are issued when an application is filed online and the online facility does not provide for issuance of Certificate in Form -H, - 6 - HC-KAR NC: 2026:KHC:2072 WP No. 38804 of 2025 and this Certificate is about whether a person belongs to the creamy layer or not. 2. This Court, on 30.12.2025, has observed that the authorities will be at liberty to issue Certificate to the petitioners in conformity with the orders of a Division Bench of this Court in W.P.No.36085/2025. However, Sri V.R.Sarathy, the learned counsel for the petitioners, when the petition was listed on 07.01.2026, has submitted that the petitioners are not issued with the Certificate and Sri.B.Ravindranath, the learned Additional Government Advocate, stated that he has no instructions. This Court therefore directed the seventh respondent to be present either in person or online to ascertain compliance with this Court's order. 3. Sri S. Santhosh, Tahsildar, Pandavapura [the incumbent seventh respondent] is present, and on his instructions, Sri B. Ravindranath places on - 7 - HC-KAR NC: 2026:KHC:2072 WP No. 38804 of 2025 record a copy of the Certificate issued in Form-H to the petitioners which certifies that the petitioners can participate as persons who do not come under the creamy layer category. Further it is placed on record that a copy of the Certificate is furnished to the petitioners on 08.01.2026 after this Court's order dated 07.01.2026. This resolves the petitioners' first grievance as aforesaid and the petitioners' next grievance is about the participation for allotment of a Post-graduate medical seat as in-service candidates under the OBC category. 4. Sri N.K.Ramesh, the learned counsel for the fifth respondent, submits that the PG medical seats reserved for in-service candidates have been de- categorized and only the mop-up round is yet to be completed. The learned counsel submits that if the petitioners can participate in the selection process based on the Certificates now issued, it should only be in the seats available post the de-categorization - 8 - HC-KAR NC: 2026:KHC:2072 WP No. 38804 of 2025 and this Court may observe that the petitioners may participate if they are eligible. 5. In response, Sri V.R.Sarathy submits that the petitioners are willing to participate for allotment in the seats available post de-categorization but this Court may observe that the petitioners' eligibility must be decided based on the Certificates now issued emphasizing that the eligibility would be different for a person who belongs to the other backward community. In the light of the afore, the following: ORDER The petition stands disposed of observing that the petitioners' grievance with the Endorsement dated 12.11.2025 [Annexure-A] is rendered infructuous. The petitioners are reserved liberty to place on record a copy of the Certificate now issued in Form-H with the fifth respondent and - 9 - HC-KAR NC: 2026:KHC:2072 WP No. 38804 of 2025 to participate in the seats that would be available based on such Certificate. SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr