The main legal point established in the judgment is the obligation of the Karnataka Education Authority to ensure fair and transparent methods of seat allotment, and the illegality of allotting seats in violation of regulations and to the detriment of eligible candidates.

ORDER :

P.S. Dinesh Kumar, J.

This writ petition is presented with following prayers:

(i) Issue writ or order in the nature of certiorari or such order this Hon’ble Court may deem fit to quash the 4th Allotment List dated 20.10.2023 issued by Respondent produced at Annexure-A.

(ii) Issue writ or order in the nature of Mandamus or such order this Hon’ble Court may deem fit to Consider the 1st representation dated 25.10.2023 made to Respondent produced at Annexure-B.

(iii) Issue writ or order in the nature of Mandamus or such order this Hon’ble Court may deem fit to Consider the 2nd representation dated 25.10.2023 made to Respondent produced at Annexure-B-1.

(iv) Issue writ or order in the nature of Mandamus or such order this Hon’ble Court may deem fit to Consider the 3rd representation dated 25.10.2023 made to Respondent produced at Annexure-B-2.

(v) Issue writ or order in the nature of Mandamus or such order this Hon’ble Court may deem fit to Consider the 4th representation dated 25.10.2023 made to Respondent produced at Annexure-B-3.

(vi) To direct the 1st, 2nd, 3rd and 4th respondent to allot the MD Radio Diagnosis Seat at MRMC Gulburga to the Petitioner.

(vii) Grant such other relief as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.

2. We have heard Shri. G. S. Kannur, learned Senior Advocate for the petitioner, Shri. Sudev Hegde, learned AGA for the State, Shri. N.K. Ramesh, learned Advocate for the KEA[Karnataka Education Authority], Shri. N. Ketty, learned Advocate for the NMC[National Medical Commission] and Ms. Belle Ravivarma Kumar, learned Advocate for respondent No.6.

3. Brief facts of the case are, petitioner is an in-service Doctor working in Anegola Primary Health Centre, K.R.Pete Taluk, Mandya District under the Department of Health and Family Welfare [‘HFW Department’ for short], Government of Karnataka. On 19.08.2023, the State Government issued a notification fixing 20% of seats in post graduation for in-service candidates. Pursuant to the notification, the Directorate of Medical Education[‘the DME’ for short] published a Seat matrix for 315 seats.

4. On 02.10.2023, the DME announced 264 Seat for the second round of counselling. The seat in ‘MD Radio Diagnosis’ at MR Medical College, Kalaburgi was reserved for in-service candidate from HFW Department.

5. Petitioner’s case is, she opted for ‘MD Radio Diagnosis’ at MRMC, Kalaburgi as her third option. According to her, on 19.09.2023, when she appeared for the second round of counselling, she was offered a seat in ‘MS-Obstetrics and Gynaecology’, which she opted. Later she learnt that on 20.10.2023, respondent No.6, who is from ESI Department was allotted the ‘MD radio Diagnosis’ seat at MRMC, Kalaburgi reserved for HFW Department. Feeling aggrieved, petitioner has filed this writ petition.

6. Shri. Kannur, for the petitioner, praying to allow the writ petition, submitted that:

Petitioner appeared for second round of counselling on 06.10.2023. The MD Radio Diagnosis seat was reflecting in the list published at 2:40 P.M on that date. Petitioner was offered a seat in MS-Obstetrics and Gynaecology. She had no other choice but to accept the same;

later petitioner learnt that MD Radio Diagnosis seat has been given to respondent No.6 from ESI Department who is not eligible.

the KEA had deliberately blocked the seat in favour of respondent No.6, which is unsustainable in law;

the action of respondents in allotting seat to respondent No. 6 is arbitrary. It has affected petitioner's academic career, hence, violative of Article 19(1)(g) of the Constitution of India.

7. Opposing the writ petition, Shri. N.K. Ramesh, for the KEA, submitted that: • a seat in Dermatology was allotted to one K.V. Nagaraj in Raichur Institute of Medical Science;

on 16.09.2023, Nagaraj opted for second round and sought for cancellation of his seat in Dermatology. On 19.09.2023, his seat was cancelled. As per his ranking he was entitled for a seat in Radio