The admissions of the petitioners were declared unsustainable and in violation of Article 14 of the Constitution of India. They were directed to participate in the special stray vacancy round of counselling.

ORDER :

This writ petition is filed with following prayers:

(i) Issue a writ of mandamus or any other writ, order or direction quashing the list of selected candidates in 4th round of counselling (Annexure-B);

(ii) Issue appropriate writ order or direction directing KEA,[Karnataka Examination Authority], second respondent herein, to hold fresh round of counselling;

(iii) Issue a writ of mandamus or any other writ, order or direction directing M.S. Ramaiah Medical College, third respondent herein, not to admit fourth and fifth respondent herein;

(iv) Grant such other and further reliefs as are just including the costs of this petition.

2. Heard Shri. Udaya Holla, learned Senior Advocate for the petitioners, Shri. N.K. Ramesh, learned Advocate for KEA, Shri. Madhusudhan Naik, learned Senior Advocate for third respondent – Medical College, Shri. Khetty for NMC[National Medical Commission] and Shri. Sudev Hegde, learned AGA for the State.

3. Though this petition is listed for completion of service on 5th respondent, Shri. N.K. Ramesh has moved I.A. No.4/2023 in the forenoon session, with a prayer to modify the interim order granted on 14.10.2023 and to permit the KEA to withdraw the seats allotted to the petitioners on the basis of the interim order and to include them in the seat matrix for the second stray vacancy round counselling commencing on 07.11.2023.

4. Shri. Holla has filed objections to I.A. No.4/2023 in the afternoon session. In view of the urgency pleaded on both sides, this petition is taken up for final disposal.

5. Brief facts of the case are, petitioners have participated in the first round of counselling for allotment of seats for first year MBBS. They were allotted seats in different Medical Colleges, but they did not choose to take those seats. Subsequently, they participated in the second and mop-up rounds of counselling, but were not successful in getting seats.

6. KEA issued a Notification dated 22.09.2023 offering un-allotted Medical seats after mop-up round in the 1st stray vacancy round to such candidates, who have not been allotted a Medical seat earlier.

7. Petitioners approached this Court by presenting the above writ petition on 21.09.2023, contending inter alia that though they were eligible for allotment of seats, candidates securing lesser marks in UGNEET -2023, have been selected in the 1st stray vacancy round; that the last date for reporting was 30.09.2023 and the candidates allotted in the stray vacancy round had not reported in the respective Colleges. Petitioners have assailed the candidature of respondents No.4 and 5 on the ground that they have obtained lesser marks than the petitioners and they could not have been allotted seats in M.S. Ramaiah Medical College, which was opted by the petitioners. It is averred that 4th and 6th respondents (candidates at Sl. Nos.76 and 78) had secured All India Ranking of 2,11,159 and 2,16,221; whereas, the and 1st and 2nd petitioners’ All India Rankings are 1,98,878 and 1,78,329 respectively.

8. Petitioners have moved this writ petition with the principal contention that allotment of seats by the KEA to the less meritorious candidates is in violation of Articles 14 and 21 of the Constitution of India.

9. This Court, on 14.10.2023 has passed the following interim order:

“11. In that view of the matter and in peculiar facts and circumstances narrated supra and delay being only few days delay after 30.09.2023, this Court is of the considered view that the petitioners have made out prima facie case for grant of interim relief and for the reasons recorded supra and keeping in mind the ratio laid down by the Hon'ble Supreme Court referred supra, we pass the following interim order:

(1) The respondent No.2 is directed to allot the petitioners to the respondent No.3 -College for 1st year MBBS course for the present academic year.

(2) The respondent No.3 -College is directed to admit the petitioners to the present academic year by permitting them to attend the class.

(