Court refrains from interfering in admission process despite procedural violations by authority, prioritizing student welfare and established protocols.

CAV JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

The prayers in the writ petition are as follows:-

a) Issue a writ of certiorari, quashing the allotment order to the Rank No.148431 rank in Dermatology in AJ Institute of Medical Sciences, Mangalore in the Final Allotment of Stray Round of Counseling dated 25.02.2025 conducted by the 3^rd respondent, produced as Annexure C.

b) Direct the 3^rd Respondent to allot the Dermatology seat in AJ Institute of Medical Sciences to the Petitioner.

2. It is submitted by the learned counsel appearing for the petitioner that the Karnataka Examinations Authority (KEA) had conducted the Mop-Up Round of PG NEET counseling in violation of the Information Bulletin and Brochure published by it. This has led to a batch of writ petitions which led to judgment dated 04.02.2025 in W.P.No.2848/2025 finding that the conduct of the Mop-Up Round by the KEA by permitting students who had been allotted seats under the All India Quota to participate was against the specific provisions of the KEA brochure. The writ petitions were allowed. The KEA was directed to cancel the allotments made in violation of the brochure and to make available those seats also in the Stray Vacancy Round of counselling. All persons who were eligible to participate in the Mop-Up Round were permitted to participate in the Stray Vacancy Round so that the seats which had fallen vacant would also be allotted on the basis of the merit among the eligible candidates. It is submitted that thereafter, on a further writ petition being filed, this Court by judgment dated 13.02.2025 in W.P.No.4065/2025, held that penalty shall not be imposed on students giving up the seats allotted in the Mop-Up Round since the mistake was committed by the KEA. The students who wanted to give up the seats allotted in the Mop-Up Round were permitted to do so and to participate in the Stray Vacancy Round after surrendering the seats allotted in the Mop-Up Round. It is submitted that though notice was given on 15.02.2025 by the KEA directing all students to surrender their seats before 4:00 p.m, on 17.02.2025, the later notices issued on 17.02.2025 and 21.02.2025, permitted candidates to register for the Stray Vacancy Round even without giving up the seats allotted in the Mop-Up Round. It is submitted that this was against the specific directions issued by this Court and is therefore in contempt of such directions.

3. The learned counsel for the petitioner submits that due to the candidates holding on to the seat allotted in the Mop-Up Round, which could not have been done in terms of the brochure, and still participating in the Stray Vacancy Round, a situation has arisen where a lower merited candidate has been permitted to take a seat which the writ petitioner, a higher merited candidate has opted for. The writ petitioner's NEET Rank is 126227, while the fourth respondent's rank is 148431. It is contended that respondent No.4 has been allotted a seat in M.D. Dermatology in A.J. Institute of Medical Sciences in the Stray Vacancy Round which seat the petitioner had opted for.

4. The KEA has filed statement of objections contending that the petitioner had entered as many as 12 priority options in the Mop-Up Round, in which he had not opted the subject M.D. Dermatology in the A.J. Institute of Medical Sciences for which he is now staking his claim. If the petitioner had entered this college as one of his priority options perhaps there was all the chance for him to get this seat in the Mop-Up Round. In the Mop-Up Round, the said Dermatology seat in A.J. Institute of Medical Sciences was allotted to one Aditya G., with Rank No.130977 which was his 144^th priority option. After allotment he had paid the fee and downloaded admission Order but not confirmed joining of the college. By order dated 04.02.2025 passed by this Court in Writ Petition No. 2848/2025 directing KEA to cancel the seats available in the Stray Vacancy Round to the petitioners and other similarly placed stu