IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6^TH DAY OF MARCH 2026 PRESENT THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD AND THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR WRIT PETITION NO. 109452 OF 2025 (EDN-AD)

BETWEEN:

1. DR. WASIM MULLA S/O. SADRUSAHEB, AGE: 39 YEARS, OCC: WORKING AS GENERAL DUTY MEDICAL OFFICER IN ESI DISPENSARY SHAHAPUR, BELGAUM, R/O: PLOT NO.16, R.S NO.

1042/1A SHIVATHEERT COLONY, BEHIND SHUVATHEERT APARTMENT, KANABARGI ROAD, MAHANTESH NAGAR, BELAGAVI, DIST: BELAGAVI – 590 016.

2. DR. SHIVAKUMAR S/O. PARASAPPA MEGARAPPA HADI, AGE: 30 YEARS, OCC: WORKING AS GENERAL DUTY MEDICAL OFFICER IN ESI DISPENSARY GADAG, R/O. DR. SHIVAKUMAR P HADI C/O. PARASAPPA HADI, AT POST – MUSHIGERI, KUMBAR ONI, NEAR PANCHAYAT, TALUK- GAJENDRAGADA, DIST: GADAG – 582 211.

3. DR. MADHUMATI S/O. HEMANNA BETAGERI, OCC: WORKING AS GENERAL DUTY MEDICAL OFFICER IN ESI DISPENSARY KOPPAL AGE: 31 YEARS, R/O. HOUSE NO.TH, 3^RD FLOOR, YASHSWI RUDRA GIRIJA APARTMENT NEAR OLD AMRUTH THEATRE ROAD, VIDYANAGAR, HUBALI, DIST: DHARWAD – 580 021.

4. DR JAGADISH RAMAPPA GOLABAVI S/O. RAMAPPA GOLABAVI, AGE: 33 YEARS, OCC: WORKING AS GENERAL DUTY MEDICAL OFFICER IN ESI DISPENSARY VIJAYAPURA R/O. C/O. B.M GIRISH, CHENNABASAVA KRUPA, 2^ND CROSS, MANJUNATH COLONY, SHIVAGIRI, DHARWAD, DIST: DHARWAD -580 007.

… PETITIONERS (BY SRI. SUNIL S. DESAI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIKASA SOUDHA, BENGALURU-560 001.

2. THE COMMISSIONER, DEPARTMENT OF HEALTH AND FAMILY WELFARE, AROGYA SOUDHA, MAGADI ROAD, BENGALURU 560 027.

3. THE DIRECTORATE OF MEDICAL EDUCATION, REPRESENTED BY ITS DIRECTOR, BMC & RI (OLD BUILDING)

1^ST FLOOR, FORT, K.R. ROAD, BENGALURU 560 002.

4. KARNATAKA EXAMINATION AUTHORITY REPRESENTED BY ITS EXECUTIVE DIRECTOR, OFF/AT 18TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU 560 012.

5. NATIONAL MEDICAL COMMISSION REPRESENTED BY ITS SECRETARY, POCKET 14, SECTOR I DWARAKA PHASE, NEW DELHI 110 077.

6. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI.

…RESPONDENTS (BY SRI. RUBEEN JOCOB, AAG &

SRI. SHARAD V. MAGADUM, AGA FOR R1 TO R3;

SRI. ANOOP DESHPANDE, ADV. FOR R5;

SMT. SURABI KULKARNI, ADV. FOR R4;

SRI M.B. KANAVI, ADV. FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING RESPONDENTS NO.1 TO 4 TO CONSIDER THE REPRESENTATION/REQUEST AND TO RETAIN ALL UNFILLED IN-SERVICE QUOTA SEATS UNDER PG COURSE AND NOT TO DE-CATEGORIZE THE SEATS ALLOTTED UNDER THE IN-SERVICE QUOTA UNTIL THE COMPLETION OF ALL ROUNDS OF COUNSELING,. RESPONDENTS NO.1 TO 4 MAY FURTHER BE DIRECTED TO AWAIT ANY ORDER OF RESPONDENT NO.5 REGARDING ALTERATION OF THE CUT-OFF MARKS, IN THE INTEREST OF JUSTICE AND EQUITY. TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.5 TO TAKE AN IMMEDIATE DECISION ON LOWERING THE CUT-OFF MARKS FOR ADMISSION TO PG COURSES FOR THE PRESENT ACADEMIC YEAR, IN THE INTEREST OF JUSTICE AND EQUITY. TO GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD AND THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER (PER: HON'BLE MR. JUSTICE B.M. SHYAM PRASAD) The petitioners are doctors in service with the State Government as Medical Officers and they are qualified to participate in the Common Entrance Test conducted by the Karnataka Examination Authority [the KEA] under the Karnataka Conduct of Entrance Test for admission to Post-Graduate Medical and Dental Degree and Diploma Courses Rules, 2006 [for short, ‘the Rules’]. The petitioners seek directions to the respondents to ensure:

[a] that the Regular Post Graduation [the Regular PG] seats earmarked under the Rules for In-service candidates