Admissions to postgraduate medical courses must comply with established counseling regulations; deviations render them illegal and unregularizable.

ORDER :

D K SINGH, J.

These three writ petitions have similar facts and same questions of law, therefore, they are heard together and are being disposed of by this common judgment. The brief facts of each petition are stated here under.

W.P.No.28510/2024

2. The two petitioners in this petition had appeared in NEET-PG 2023 for admission in the post graduate medical courses. Though the petitioners had participated in the online counseling sessions but did not get admission in any college for pursuing post graduate medical courses. The 6^th respondent - College namely, Kannachur Institute of Medical Sciences had admitted the 1^st petitioner for MD in Radio Diagnosis and the 2^nd petitioner for MS in Orthopaedics through physical admission process. The petitioners were not allotted the said college through counseling for admission in the post graduate medical courses as mentioned above.

3. The case of the petitioners is that the two candidates who were allotted the 6^th respondent - Institution for MD Course namely, Dr. Deepu Kumar Jha and Dr. Hemraj Saini surrendered their seats on the last date of counseling. The 6^th respondent - Institution is a minority institution established in the year 2016 with an initial intake of 150 MBBS seats. The National Medical Counsel (for short 'the NMC'), however, has increased the intake of MBBS seats from 150 to 200 for the academic year 2024-25 onwards. The 6^th respondent - Institution has also been approved for 44 post graduate degree seats in MD and MS in various specialties. The last date for admission after special stray vacancy round of counseling for post graduate medical courses was 30.11.2023 for the academic year-2023-24.

4. It is the case of the 6^th respondent that in the second round of counseling, the Karnataka Examination Authority (for short 'the KEA') on 06.10.2023 allotted one post graduate seat in MD (Radiology) in the college to one Dr. Hemraj Saini and one seat in MS (Orthopaedic) to Dr. Deepu Kumar Jha. These students reported to the college on 12.10.2023. The mop up counseling round commenced on 13.10.2023 and last date for joining was notified as 18.10.2023. When the mop up was on going, the KEA on 15.10.2023 issued notification to conduct stray vacancy round. Thereafter, on 17.10.2023, the KEA issued notification calling for fresh registration upto 18.10.2023 and stray vacancy round of counseling was from 18.10.2023 to 19.10.2023 and last date for completion of admission process was notified as 21.10.2023. However, the MCC has notified the last date of admission to post graduate courses as 25.10.2023 i.e., after stray vacancy round of counseling.

5. According to the College Dr. Hemraj Saini and Dr. Deepu Kumar Jha, who were admitted in MD (Radiology) and MS (Orthopaedic) in the college on 25.10.2023 on the last date of admission, addressed the e-mails and letters to the 6^th respondent - Institution requesting for cancellation of their admissions and on the very same day, the petitioners approached the respondent - Institution and requested it to grant them admission under the said vacant seats. It is also the case of the 6^th respondent - Institution that on the very same date i.e., on 25.10.2023 the college addressed a communication to the KEA and Directorate of Medical Education (for short 'the DME'). It is further stated on 07.11.2023 the 6^th respondent - Institution addressed a communication to the KEA requesting the KE