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35 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 32629 OF 2024 (EDN-MED ADM)
C/W WRIT PETITION NO. 28510 OF 2024 (EDN-RES)
WRIT PETITION NO. 29035 OF 2024 (EDN-MED ADM)
IN WP No. 32629/2024 BETWEEN:
MS. TISA ROBINSON W/O JUSTIN THOMAS T AGED ABOUT 29 YEARS, C/O M C ROBINSON, MELEDATH HOUSE, NEAR MUTTANS CORNER, THRIKKUR, THRISSUR, KERALA - 680 306.
Digitally signed …PETITIONER by VASANTHA (BY SRI. ANUP RAJ., ADVOCATE)
KUMARY B K Location: HIGH AND:
COURT OF KARNATAKA
1. THE NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS SECRETARY, POCKET - 14, SECTOR - 8, DWARAKA PHASE 1, NEW DELHI - 110 077.
2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, THE MEDICAL EDUCATION DEPARTMENT, M.S.BUILDING, AMBEDKAR VEEDHI BENGALURU - 560001.
WP No. 29035 of 2024 HC-KAR
3. THE DIRECTORATE OF MEDICAL EDUCATION REPRESENTED BY ITS DIRECTOR BMC AND RI (OLD BUILDING) 1ST FLOOR, FORT K.R.ROAD, BENGALURU - 560002.
4. THE KARNATAKA EXAMINATION AUTHORITY THROUGH THE DIRECTOR, MEDICAL EDUCATION DEPARTMENT, BMC AND RI (OLD BUILDING)
K.R.ROAD, BENGALURU - 560002.
5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE REPRESENTED BY ITS REGISTRAR
4TH T BLOCK, JAYANAGAR BENGALURU - 560070.
6. KANACHUR INSTITUTE OF MEDICAL SCIENCES REPRESENTED BY ITS DEAN MANAGALORE UNIVERSITY ROAD, NATEKAL - 575 018.
…RESPONDENTS (BY SRI. N SHETTY, ADVOCATE FOR R1; SRI. SUDEV HEGDE, AGA FOR R2 & R3; SRI. N K RAMESH, ADVOCATE FOR R4; SRI. SACHIN B S, ADVOCATE FOR R5;
SRI. VENUGOPAL L, ADVOCATE FOR R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE COMMUNICATIONS ISSUED BY THE RESPONDENT NO.4 DATED 11/03/2024 IN NO.ED/KEA/RECONCILIATION/C.R-02/2024 AND RESPONDENT NO.3 DATED 08/04/2024 IN NO.DME/PGS/91/2023-24 (PRODUCED AT ANNEXURES-A AND A1) AND ETC., WP No. 29035 of 2024 HC-KAR IN WP NO. 28510/2024 BETWEEN:
1. SRI. ASHISH APPASAHEB PATIL S/O APPASAHEEB AGED ABOUT 31 YEARS R/AT LANE NO.-11 NEAR POST OFFICE KADAAGE MALA, HOUSE NO- 2008/A/2, JAYSINGPUR KOLHAPUR-416101 (NEET-PG ROLL. NO. 23661095614)
2. SRI. HEMANTH KUMAR P S/O SRI. PURUSHOTHAMAN R, AGED ABOUT 27 YEARS R/AT PLOT NO.29, KANNAN NAGAR NEAR MAHAVISHNU NAGAR, TIRUTTANI TALUK, KARTIKAYAPURAM, THIRUVALLUR - 631211 (NEET-PG ROLL. NO. 23661141551)
...PETITIONERS (BY SRI. ANUP RAJ., ADVOCATE)
AND:
1. THE NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS SECRETARY, POCKET-14, SECTOR-8, DWARAKA PHASE-1, NEW DELHI 110077.
2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, THE MEDICAL EDUCATION DEPARTMENT, M.S BUILDING, AMBEDKAR VEEDHI BENGALURU- 560001.
WP No. 29035 of 2024 HC-KAR
3. THE DIRECTORATE OF MEDICAL EDUCATION REPRESENTED BY ITS DIRECTOR BMC AND RI (OLD BUILDING) 1ST FLOOR, FORT, K.R ROAD, BENGALURU- 560002.
4. THE KARNATAKA EXAMINATION AUTHORITY THROUGH THE DIRECTOR, MEDICAL EDUCATION DEPARTMENT, BMC AND RI (OLD BUILDING)
K.R ROAD, BENGALURU- 560002.
5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE REPRESENTED BY ITS REGISTRAR
4TH 'T' BLOCK, JAYANAGAR, BENGALURU- 560070.
6. KANACHUR INSTITUTE OF MEDICAL SCIENCES, REPRESENTED BY IS DEAN MANGALORE UNIVERSITY ROAD, NATEKAL-575018.
...RESPONDENTS (BY SRI. N KHETTY., ADVOCATE FOR R1;
SRI. SUDEV HEGDE, AGA FOR R2 & R3; SRI. N K RAMESH, ADVOCATE FOR R4;
SMT. FARAH FATHIMA, ADVOCATE FOR R5;
SRI. VIJAYKUMAR, ADVOCATE FOR R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE COMMUNICATIONS ISSUED BY THE RESPONDENT NO.4 DATED 11/03/2024 IN NO.ED/KEA/RECONCILIATION/C.R- 02/2024 AND RESPONDENT NO.3 DATED 08/04/2024 IN NO.DME/PGS/91/2023-24 (PRODUCED AT ANNEXURES-A AND A1) AND ETC., WP No. 29035 of 2024 HC-KAR IN WP NO. 29035/2024 BETWEEN:
SRI NISHANTH G V S/O VIJAY SIMHA D A AGED ABOUT 27 YEARS R/AT NO 276, 4TH MAIN
2ND CROSS BRINDAVAN EXTENSION, ARAKERE MICO LAYOUT, BANNERGHATTA ROAD, BENGALURU - 560076 (NEET PG ROLL NO 23661070259)
...PETITIONER (BY SRI. ANUP RAJ., ADVOCATE)
AND:
1. THE NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS SECRETARY, POCKET - 14, SECTOR - 8 DWARKA PHASE - 1, NEW DELHI - 110077.
2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, THE MEDICAL EDUCATION DEPARTMENT, M S BUILDING, AMBEDKAR VEEDHI BENGALURU - 560001.
3. THE DIRECTORATE OF MEDICAL EDUCATION REPRESENTED BY ITS DIRECTOR, BMC AND RI (OLD BUILDING) 1ST FLOOR, FORT, K R ROAD, BENGALURU - 560002.
4. THE KARNATAKA EXAMINATION AUTHORITY THROUGH THE DIRECTOR MEDICAL EDUCATION DEPARTMENT, BMC AND RI (OLD BUILDING)
WP No. 29035 of 2024 HC-KAR K R ROAD, BENGALURU - 560002.
5. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE REPRESENTED BY ITS REGISTRAR
4TH T BLOCK, JAYANAGAR, BENGALURU - 560070.
6. KVG MEDICAL COLLEGE AND HOSPITAL REPRESENTED BY ITS DEAN KURUNJIBAG SULLIA - 574327.
...RESPONDENTS (BY SRI. SUDEV HEGDE, AGA FOR R2 & R3;
SRI. N KHETTY, ADVOCATE FOR R1;
SRI. N K RAMESH, ADVOCATE FOR R4; SRI. SACHIN B S, ADVOCATE FOR R5;
SRI. VINOD KUMAR M, ADVOCATE FOR R6;
SRI. VENUGOPAL L, ADVOCATE FOR R6)
WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE COMMUNICATIONS ISSUED BY THE RESPONDENT No. 4 DATED 11.03.2024 IN No. ED/KEA/RECONCILIATION/C.R- 02/2024 AND RESPONDENT No. 3 DATED 08.04.2024 IN No. DME/PGS/89/2023-24 (PRODUCED AT ANNEXURE A AND A1) AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
WP No. 29035 of 2024 HC-KAR CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
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 6th respondent - College namely, Kannachur Institute of Medical Sciences had admitted the 1st petitioner for MD in Radio Diagnosis and the 2nd 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 6th respondent - Institution for MD Course namely, Dr. Deepu Kumar Jha and Dr. Hemraj Saini surrendered their seats on the last date of counseling. The 6th 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 6th 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 6th 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 6th 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 6th 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 6th respondent - Institution addressed a communication to the KEA requesting the KEA to send re-placement of the students for two vacancies, otherwise, two post graduate seats would go vacant. The last date of the admission was extended to 30.11.2023 for post graduate medical course for academic year 2023-24 and on 16.11.2023, the 6th respondent - Institution addressed a communication to KEA to include two vacant seats of MD (Radiology) and MS (Orthopaedics) in the special stray vacancy round. The KEA on 24.11.2023 notified schedule for special vacancy round in the State and also notified the vacant seats. However, the
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