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2022 Supreme(Online)(Kar) 51454
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER 2022
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON’BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.P. No.20512 OF 2022 (EDN-RES)
C/W
W.P. NO.20201 OF 2022 (EDN-RES)
W.P.NO.20847 OF 2022 (EDN-RES)
W.P.NO.20910 OF 2022 (EDN-RES)
IN W.P. No.20512 OF 2022
BETWEEN:
1. DR. SWATHI K.S.
W/O DR. T.R. SHYAMPRASAD
AGED ABOUT 39 YEARS
R/AT CHINTAMANI
CHIKKABALLAPURA DISTRICT.
2. DR. BHEEMANNA S. SINNUR
S/O SHIVAPUTRA SINNUR
AGED ABOUT 36 YEARS
R/AT MURKHWAD , HALIYAL TALUK
UTTARA KANNADA DISTRICT -581329.
... PETITIONERS
(BY MR. VIVEK SUBBA REDDY, SR. COUNSEL FOR
MR. CHANDRE GOWDA T.G. ADV.,)
2
AND:
1.
THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKAS SOUDHA, BENGALURU -560 001.
2.
THE DIRECTORATE OF MEDICAL EDUCATION
REP BY ITS DIRECTOR
HAVING OFFICE AT
ANANDA RAO CIRCLE
BANGALORE -560 009.
3.
COMMISSIONERATE OF HEALTH AND FAMILY
WELFARE SERVICES
GOVERNMENT OF KARNATAKA
REP BY ITS COMMISSIONER
HAVING ITS OFFICE AT
AROGYA SOUDHA MAGADI ROAD
BENGALURU -560023.
4.
KARNATAKA EXAMINATION AUTHORITY
REP BY ITS EXECUTIVE DIRECTOR
HAVING ITS OFFICE AT 18TH CROSS
SAMPIGE ROAD, MALLESHWARAM
BANGALORE -560012.
... RESPONDENTS
(BY MR. DHYAN CHINAPPA, AAG A/W
MR. LAXMI NARAYANA, AAG FOR R1 & R3
MR. N.K. RAMESH, ADV., FOR R4)
- - -
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATION DATED 06.10.2022 VIDE NO.MED 131 RGU
2022 ISSUED BY THE 1ST RESPONDENT PRODUCED AT
ANNEXURE-A. ISSUE WRIT OR ORDER IN THE NATURE OF
CERTIORARI OR SUCH ORDER THIS HON'BLE COURT MAY
DEEM FIT TO QUASH THE SEAT MATRIX DATED 09.10.2022
3
ISSUED BY 2ND RESPONDENT PRODUCED AT ANNEXURE-B
& ETC.
IN W.P. No.20201 OF 2022
BETWEEN:
1.
POOJA G.N.
D/O NARSAPPA G
AGED ABOUT 30 YEARS
WORKING IN ITTAMADU PHC
RAMANAGAR TALUK-562 109
RAMANAGAR DISTRICT.
2.
DR. MADHUMITA SWAMY
W/O DR. KISHOR RAO
AGED ABOUT 39 YEARS
WORKING AT GENERAL HOSPITAL
TURVEKERE-572 227
TUMKUR DISTRICT.
3.
DR. KAVITHA .M
W/O DYAMANNA .D
AGED ABOUT 34 YEARS
WORKING AT CHC, BELAGUR
HOSADURGA TALUK
CHITRADURGA DISTRICT-577 527.
4.
DR. RAMESH N.R.
AGED ABOUT 36 YEARS
S/O REVAPPA GOWDA .N.A.
WORKING AT PRIMARY HEALTH CENTRE
HONNAVARA, DUDDA HOBLI
HASSAN TALUK-573 118.
5.
DR. UZMA YASMEEN
AGED ABOUT 35 YEARS
D/O HABIBULLA KHAN
PRIMARY HEALTH CENTRE
HUNASANAHALLI
KANAKAPURA TALUK
4
RAMANAGARA DISTRICT-562 119.
6.
DR. MANJUNATH DALI
AGED ABOUT 30 YEARS
S/O PIRAPPA DALI
PRIMARY HEALTH CENTRE SHIROL
MUDHOL TALUK
BAGALKOT DISTRICT-587 313.
7.
DR. LATHA .N.N
AGED ABOUT 38 YEARS
D/O NAGAPPA N.L.
W/O DR. NAVEEN KUMAR H.B.
WORKING AT PRIMARY HEALTH CENTRE
JIGANI, ANEKAL TALUK
BENGALURU URBAN DISTRICT-560 105.
8.
DR. SRINIVASA K.C.
S/O CHANDRASHEKARA .A
AGED ABOUT 30 YEARS
WORKING AT PRIMARY HEALTH CENTRE
MATHODU HOSADURGA TALUK
CHITRADURGA DISTRICT-57527.
9.
DR. KIRAN ESHWAR
S/O K. ESWAR NAIK
AGED ABOUT 32 YEARS
WORKING AT PHC, MASKAL
HIRIYUR TALUK
CHITRADURGA DISTRICT-577 598.
10. DR. SHAMA B.R.
D/O RAHAMATH TARIKERE
AGED ABOUT 33 YEARS
WORKING AT PHC
KODIYALA KARENAHALLI (BIDADI HOBLI)
RAMANAGARA DISTRICT-562 109.
11. DR. RAGHAVENDRA S.S.
S/O S.R. SAVADATTI
AGED ABOUT 30 YEARS
5
WORKING AT PHC AIHOLE
HUNAGUND TALUK
BAGALKOTE DISTRICT-587 124.
12. DR. NAKUL M.S.
S/O SHIVANANDA M.C.
AGED ABOUT 30 YEARS
PRIMARY HEALTH CENTRE
DODDATUMKUR
DODDABALLAPURA TALUK
BENGALURU RURAL DISTRICT-561 203.
13. DR. SACHIN H.C.
S/O CHANDRASHEKARA REDDY
AGED ABOUT 28 YEARS
WORKING AT PRIMARY HEALTH CENTRE
MARALENHALLI
DODDABALLAPUR TALUK
BANGALORE RURAL DISTRICT-572 103.
14. DR. CHANDAN KUMAR B.V.
S/O VENKATESH S.D.
AGED ABOUT 33 YEARS
WORKING AT PRIMARY HEALTH CENTRE
BANGALORE
BANGALORE SOUTH TALUK
BANGALORE URBAN-560 082.
... PETITIONERS
(BY MR. VIVEK SUBBA REDDY, SR. COUNSEL FOR
MR. RAVI T.G. ADV.,)
AND:
1.
THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKASA SOUDHA, BENGALURU-560 001.
2.
THE DIRECTORATE OF MEDICAL EDUCATION
6
REP BY ITS DIRECTOR
HAVING OFFICE AT ANANDA RAO CIRCLE
BANGALORE-560 009.
3.
COMMISSIONERATE OF HEALTH AND FAMILY
WELFARE SERVICES
GOVERNMENT OF KARNATAKA
REP. BY ITS COMMISSIONER
HAVING OFFICE AT AROGYA SOUDHA
MAGADI ROAD, BENGALURU-560 023.
4.
KARNATAKA EXAMINATIONS AUTHORITY
REP. BY ITS EXECUTIVE DIRECTOR
HAVING OFFICE AT 18TH CROSS
SAMPIGE ROAD, MALLESHWARAM
BANGALORE-560 012.
... RESPONDENTS
(BY MR. DHYAN CHINAPPA, AAG A/W
MR. LAXMI NARAYANA, AGA FOR R1 & R3
MR. N.K. RAMESH, ADV., FOR R4)
- - -
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT
OR ORDER IN THE NATURE OF CERTIORARI OR SUCH
ORDER THIS HON'BLE COURT MAY DEEM FIT TO QUASH
THE SETA MATRIX DATED 09.10.2022 ISSUED BY THE 2ND
RESPONDENT PRODUCED AT ANNEXURE-A. TO DIRECT
THE 2ND RESPONDENT TO PREPARE THE SEAT MATRIX OF
IN-SERVICE CANDIDATES IN CONSONANCE WITH THE
EARLIER NOTIFICATION DATED 09.10.2022 ISSUED BY THE
1ST RESPONDENT PRODUCED AT ANNEXURE-E & ETC.
IN W.P. No.20847 OF 2022
BETWEEN:
1.
DR. SUMA H
W/O DR. BASAVARAJ C
7
AGED ABOUT 35 YEARS
PHC, ALAGILAWADA
HARAPANAHALLI TALUK
VIJAYANAGARA DISTRICT-583137.
2.
DR. ASJVINI KOPPAD
AGED ABOUT 31 YEARS
D/O D V KOPPAD
R/AT POST NIDAGUNDI TALUK
GAJENDRAGADA (RON)
DISTRICT GADAG-582114.
3.
DR. MANJULA MUDIGOUDAR
D/O BASAVARAJ MUDIGOUDAR
AGED ABOUT 29 YEARS
PHC, AGADI, TALUK HAVERI-581110.
4.
DR. RAJESHWARI HONGAL
D/O GANGAPPA HONGAL
AGED ABOUT 35 YEARS
PHC LAKKUNDI TALUK
DISTRICT GADAG-582115.
5.
DR. RAJESH
S/O RAJU G
AGED ABOUT 40 YEARS
PHC, PONNACHI, HANUR TALUK
CHAMARAJANAGAR DISTRICT-571320,
6.
DR. SHAILA V. KOLLI
W/O DR. KOTRESH M
AGED ABOUT 35 YEARS
PHC, KYASAPURA TQ, CHITRADURGA DISTRICT
CHITRADURGA-577501.
7.
DR. VINAY KUMAR
S/O LATE BHOJARAJA H
AGED ABOUT 29 YEARS
R/AT 17/207, 1ST CROSS
AVADANI NAGAR
HIRIYUR CHITRADURGA-577598.
8
8.
DR. SUNIL KUMAR S
S/O SIDDARAMU
AGED ABOUT 30 YEARS
CHIKKAMANDYA
MANDYA-571402.
9.
DR. MONISHA B
W/O SANDEEP SINGH H
AGED ABOUT 28 YEARS
PHC, KTHALLY
PAVAGADA TQ, TUMKUR DIST
PIN CODE-572116.
10.
DR. VINOD HADIMANI .P
S/O PANDAPPA
AGED ABOUT 30 YEARS
PHC, SHIRUR TALUK
DISTRICT BAGALKOT-587156.
11.
DR. CHETAN KUMAR H R
S/O RAJAPPA M
AGED ABOUT 30 YEARS
PHC, M C HALLI, TARIKERE TALUK
CHIKKAMAGALUR-577228.
12.
DR. ROOPASHREE K C
W/O ARUN G
AGED ABOUT 32 YEARS
PHC MACHOHALLI
BENGALURU URBAN-560091.
13.
DR. ONKARAMURTHY S R
S/O RAJANNA S D
AGED ABOUT 30 YEARS
PHC, GANGANAHALLI, KADUR TALUK
CHIKKAMAGALURU DISTRICT-577182.
14.
DR. SHASHIKALA N V
W/O MANJUNATH D
AGED ABOUT 30 YEARS
PHC, SULIBELE, HOSAKOTE TALUK
9
BANGALORE RURAL-562129.
15.
DR. SANA HARISH
S/O VENKATARAMANA S
AGED ABOUT 29 YEARS
PHC KORALA, KORTEGERE TALUK
TUMKUR DISTRICT-572129.
16.
DR. LAVANYA T
AGED ABOUT 32 YEARS
W/O NITHIN U
PHC, NERALLKERA, MADHUGIRI TALUK
TUMKUR DISTRICT-572132.
17.
DR. PAVITHRA C T
D/O THIMMARAJU T
AGED ABOUT 31 YEARS
PHC, GOMARADANAHALLI, SIRA TALUK
TUMKUR DISTRICT-572139.
18.
DR. SAMBRAM B
AGED ABOUT 29 YEARS
PHC, BADAVANAHALLI, DODEN HOBLI
MADHUGIRI TALUK
TUMKUR DISTRICT-572112.
19.
DR. RAKSHITHA
W/O PRAVEEN C. PATIL
AGED ABOUT 33 YEARS
PHC MUDDENAHALLI, MADHUGIRI TALUK
TUMKUR DISTRICT-572127.
20.
DR. ADITHYA SUEHEN R
S/O RAMACHENDRE
AGED ABOUT 30 YEARS
PHC THONDAGERE
TUMKUR DISTRICT-572101.
21.
DR. APOORVA K A
D/O ANNAPPA K
AGED ABOUT 29 YEARS
10
PHC OTURU, TUMKUR-577431.
22.
DR. MUTHYA LAKSHMI
D/O M. RAVI KUMAR
AGED ABOUT 34 YEARS
R/AT PHC, VENKATAPURA
PAVAGADA TALUK
TUMKUR DISTRICT.
... PETITIONERS
(BY MR. VIVEK SUBBA REDDY, SR. COUNSEL FOR
MR. GIRISH KUMAR R, ADV.,)
AND:
1.
THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKASA SOUDHA, BENGLAURU-560001.
2.
THE DIRECTORATE OF MEDICAL EDUCATION
REP. BY ITS DIRECTOR
HAVING OFFICE AT ANANDA RAO CIRCLE
BANGALORE-560009.
3.
COMMISSIONERATE OF HEALTH AND FAMILY
WELFARE SERVICES
GOVERNMENT OF KARNATAKA
REP. BY ITS COMMISSIONER
HAVING OFFICE AT AROGYA SOUDHA
MAGADI ROAD, BENGALURU-560023.
4.
KARNATAKA EXAMINATION AUTHORITY
REP. BY ITS EXECUTIVE DIRECTOR
HAVING OFFICE AT 18TH CROSS
SAMPIGE ROAD, MALLESHWARAM
BANGALORE-560012.
... RESPONDENTS
(BY MR. DHYAN CHINAPPA, AAG A/W
11
MR. LAXMI NARAYANA, AGA FOR R1 & R3
MR. N.K. RAMESH, ADV., FOR R4)
- - -
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OR
ORDER IN THE NATURE OF CERTIORARI OR SUCH ORDER
THIS HON BLE COURT MAY DEEM FIT TO QUASH THE
NOTIFICATION DATED 06/10/2022 VIDE NO.MED 131 RGU
2022 ISSUED BY THE 1ST RESPONDENT PRODUCED AT
ANNEXURE-A. ISSUE WRIT OR ORDER IN THE NATURE OF
CERTIORARI OR SUCH ORDER THIS HON BLE COURT MAY
DEEM FIT TO QUASH THE SEAT MATRIX DATED 09/10/2022
ISSUED BY 2ND RESPONDENT PRODUCED AT ANNEXURE-B
& ETC.
IN W.P. No.20910 OF 2022
BETWEEN:
1.
DR. RAKESH D.S.
AGED ABOUT 33 YEARS
S/O SIDLEGOWDA
PHC ANOOR, CHIKAMAGALUR TALUK
CHIKAMAGALUR DISTRICT 577101.
2.
DR. PRAVEEN
AGED ABOUT 35 YEARS
S/O BASAVARAJ
PHC, HEDGAPUR
AURAD TALUK, BIDAR DISTRICT 585436.
3.
DR. PRADEEP K N
AGED ABOUT 38 YEARS
S/O NANJUNDAPPA K G
PHC, BISLEHALLI, CHIKAMAGALUR
KADUR TALUK 577548.
4.
DR. NAGESH
AGED ABOUT 30 YEARS
12
PHC KODUMBAL, CHITAGUPPA TALUK
BIDAR DISTRICT 585412.
5.
DR. SUDHEER KUMAR
AGED ABOUT 31 YEARS
S/O SHIVAKUMAR KONDAGULE
PHC DONGAON, KAMALNAGAR TALUK
BIDAR DISTRICT 585417.
6.
DR. JUVERIA TASNEEM SAHIK
AGED ABOUT 26 YEARS
D/O ABDUL RASHEED
PHC MANAGAULI, BASVANA BAGWADI TALUK
VIJAYAPUR DISTRICT 586122.
7.
DR. MANOJ H D
AGED ABOUT 32 YEARS
PHC, JAYACHAMARJAPURA
C N HALLI TALUK, TUMAKURU DISTRICT 572214.
8.
DR. HARSHA H A
AGED ABOUT 33 YEARS
PHC, TATANAHALLI
HOLENARSIPUR TALUK
HASSAN DISTRICT 573210.
9.
DR. RAGHAVENDRA M
AGED ABOUT 34 YEARS
S/O MURALIDHAR N S
PHC, GENERAL HOSPITAL, BEGUR
HASSAN DISTRICT 573115.
10.
DR. BASAVARAJ HEBBAR
AGED ABOUT 38 YEARS
S/O VEERABHADRAPPA
PHC, GULEDAGUDDA
BAGALKOT DISTRICT 587203.
11.
DR. RAGHAVENDRA T
AGED ABOUT 30 YEARS
PHC, NAVALI, KANAKAGIRI TALUK
13
KOPPA DISTRICT 583229.
12.
DR. SYED SALEEM
AGED ABOUT 32 YEARS
S/O SYED MAQBOOL
PHC, ALUHATTI, DAVANAGERE TALUK
DAVANAGERE DISTRICT 577512.
13.
DR. PURASHNRAM RAYABAG
AGED ABOUT 33 YEARS
S/O FAKIRAPPA
PHC, INAMHONGA
SAVRADATTI TALUK
BELGUM DISTRICT 591123.
14.
DR. VISHWAMURTHY H A
AGED ABOUT 34 YEARS
S/O H N ARKACHARY
PHC, KARUR, RANEBENNUR HAVERI 581123.
15.
DR. SANTOSH B. NIRWANI
AGED ABOUT 33 YEARS
PHC, HULLOLI ,KUKKERI TALUK
BELAGAVI DISTRICT 591305.
16.
DR. RIYAZ M M
AGED ABOUT 32 YEARS
S/O MOHAMMED HANIF
PHC, UGARGOL, SAVADATTI TALUK
BELGAVI DISTRICT 591126.
17.
DR. ASHA LATHA H R
AGED ABOUT 30 YEARS
PHC, GOPANAHALLI, HASSAN TALUK
HASSAN DISTRICT 573201.
18.
DR. GURUPRASAD D N
AGED ABOUT 32 YEARS
S/O NAGARAJA D B
PHC, BOMALAPURA, KOPPA TALUK
CHIKAMAGALURUR DISTRICT 577120.
14
19.
DR. BANU MALLIKA CHANDRA M
AGED ABOUT 33 YEARS
D/O LATE H.D. MALLIKARJUNA SWAMY
PHC, DASANUR, NANJUANGUD TALUK
MYSUR 571316.
20.
DR. HARISH KUMAR K
AGED ABOUT 28 YEARS
S/O KAREHANUMAIAH
PHC, THEERTHAPUR, C N HALLI TALUK
TUMKUR DISTRICT 572214.
21.
DR. PRAVEEN KUMAR S
AGED ABOUT 33 YEARS
S/O SIDDAPPA
PHC, PAVLAMATTI, CHANNAGIRI TALUK
DAVANGERE DISTRICT 577213.
22.
DR. MARULASIDDESHWARA C R
AGED ABOUT 34 YEARS
S/O REVANASIDDAPPA C M
PHC, ASAGODER, JAGALURU TALUK
DAVANAGERE DISTRICT 577005.
23.
DR. LAVANYA C
AGED ABOUT 38 YEARS
D/O H.M. CHANDRAIAH
PHC, KAMAGERE, KOLLEGALA TALUK
CHAMARAJANAGAR DISTRICT 571443.
... PETITIONERS
(BY MR. VIVEK SUBBA REDDY, SR. COUNSEL FOR
MR. GIRISHKUMAR R, ADV.,)
AND:
1.
THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE
VIKASASOUDHA, BENGALURU 560001.
15
2.
THE DIRECTORATE OF MEDICAL EDUCATION
REP. BY ITS DIRECTOR
HAVING OFFICE AT ANANDA RAO CIRCLE
BENGALURU 560009.
3.
COMMISSIONERATE OF HEALTH AND FAMILY
WELFARE SERVICES
GOVERNMENT OF KARNATAKA
REP BY ITS COMMISSIONER
HAVING OFFICE AT AROGYA SOUDHA
MAGADI ROAD, BENGALURU 560023.
4.
KARNATAKA EXAMINATIONS AUTHORITY
REP. BY ITS EXECUTIVE DIRECTOR
HAVING OFFICE AT 18TH CROSS, SAMPIGE ROAD
MALLESHWARAM, BANGALORE 560012.
... RESPONDENTS
(BY MR. DHYAN CHINAPPA, AAG A/W
MR. LAXMI NARAYANA, AGA FOR R1 & R3
MR. N.K. RAMESH, ADV., FOR R4)
- - -
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OR
ORDER IN THE NATURE OF CERTIORARI OR SUCH ORDER
THIS HON BLE COURT MAY DEEM FIT TO QUASH THE
NOTIFICATION DATED 06/10/2022 VIDE NO.MED 131 RGU
2022 ISSUED BY THE 1ST RESPONDENT PRODUCED AT
ANNEXURE-A. ISSUE WRIT OR ORDER IN THE NATURE OF
CERTIORARI OR SUCH ORDER THIS HON BLE COURT MAY
DEEM FIT TO QUASH THE SEAT MATRIX DATED 09/10/2022
ISSUED BY 2ND RESPONDENT PRODUCED AT ANNEXURE-B
& ETC.
THESE W.Ps. COMING ON FOR FURTHER HEARING IN
‘B’ GROUP, THIS DAY, ALOK ARADHE J., MADE THE
FOLLOWING:
16
The seminal issue involved in these bunch of
petitions is with regard to validity of notification
dated
06.10.2022
issued
by
Government
of
Karnataka, by which seats earmarked for in-service
candidates for PG-NEET examination 2022 was
reduced from 30% to 15%. In order to appreciate the
grievance of the petitioners, relevant facts need
mention, which are stated infra.
2.
The petitioners are Doctors who are
working in various primary health centers under the
Department of Health and Family Welfare. Every year
the State Government earmarks the seats for
admission to various PG courses for in-service
candidates. By a notification dated 19.01.2022, the
State Government had earmarked 30% of the seats
for in-service candidates. Thereafter, by a notification
17
dated 31.01.2022, 392 seats in various post graduate
courses were earmarked for in-service candidates.
3.
The Commissioner of Health and Family
Welfare
services
had
issued a
circular dated
04.02.2022 which enables the petitioners to make
applications for post graduate courses as against in-
service quota on the basis of the marks secured in
PG-NEET entrance examination. The petitioners
applied for admission to the post graduate course.
The Director of Medical Education issued a merit list
on 29.09.2022 of 130 candidates who were found
eligible to appear for counseling for admission to post
graduate course.
4.
The State Government on 06.10.2022
issued a notification for counseling in respect of post
graduate courses wherein out of total number of
government post graduate seats in government as
18
well as medical colleges, 85% of the seats are
earmarked for non in-service candidates, whereas,
15% of the seats were earmarked for in-service
candidates. The Karnataka Examination Authority on
08.10.2022 issued a calendar of events. On the basis
of the notification dated 06.10.2022, the Director of
Medical Education on 09.10.2022 issued a list of seat
matrix.
5.
The
petitioners
who
are
in-service
candidates being aggrieved by the reduction of seats
from 30% to 15% filed a writ petitions. In
W.P.No.20512/2022 a division bench of this court
passed an interim order dated 14.10.2022. The
division bench of this court prima facie found that
when 30% of seats were reserved for in-service
candidates on 09.01.2022, there appears to be no
justification for reducing the same to 15%. The
respondents
therefore,
were
directed
not
to
19
precipitate the matter further including announcing
the result of seat matrix in respect of in-service
candidates till the next date of hearing and the
matter was directed to be posted on 18.10.2022.
6.
However, despite the aforesaid interim
order, the Karnataka Examination Authority by a
notification dated 15.10.2022 advanced the date of
publication
of
first
round
real
allotment
on
14.10.2022 and announced the result. Therefore, this
court by an order dated 17.10.2022 directed the
respondents not to admit any candidate to post
graduate courses in pursuance of results declared
after first round real counseling till the next date of
hearing. In the aforesaid factual background, these
writ petitions arise for our consideration.
7.
Learned Senior counsel for the petitioners
submitted that petitioners after passing the MBBS
20
examination have served under the Department of
Health and Family Welfare in rural areas for a period
of
three
years
before
appearing
in
PG-NEET
examination. It is further submitted that the
petitioners on their admission to post graduate
course are required to furnish a bond for serving the
State Government for a period of ten years. It is also
submitted that in case, petitioners resign from the
services of the State Government before the expiry of
ten years, they have to pay a sum of Rs.50 Lakhs. It
is also urged that the sanctioned posts can be only in
ten streams viz., general medicine, surgery, obstetrics
and gynecology, ENT, dermatology and venereal
diseases,
anesthesia,
pediatrics,
ophthalmology,
orthopedics and radiology. Therefore, the pet
