IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12^TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WRIT PETITION NO. 110014 OF 2025 (EDN-RES)

BETWEEN:

DR. MUDIYAVVA D. JALIHAL D/O DODDAKAMALAPPA D. JALIHAL, AGED ABOUT 32 YEARS, WORKING AS GDMO AT PHC SULEBHAVI, HUNAGUND, TQ. AND DIST. BAGALKOT, BAGALKOT-587 201, R/O. CHALUKYA NAGAR, 7^TH CROSS BADAMI, BADAMI TALUK, DIST. BAGALKOT, BAGALKOT-587 201.

… PETITIONER (BY SRI N. KHETTY, SENIOR ADVOCATE FOR SMT. AKKAMAHADEVI HIREMATH AND Digitally signed by V N BADIGER L H o I c G a H ti o C n O : URT SMT. M.A. MAKANDAR, ADVOCATES)

V N OF BADIGERK D B D E A H at N R A e N C : R A H W T A A D KA

2026.01.17 11:13:50 +0530 AND:

1. THE STATE OF KARNATAKA, DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION), VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001, R/BY ITS PRINCIPAL SECRETARY.

2. THE COMMISSIONER, HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560 023.

3. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, GOVERNMENT OF KARNATAKA, BMCRI, 1^ST FLOOR, FORT, K.R. ROAD, BENGALURU-560 002.

4. KARNATAKA EXAMINATION AUTHORITY, 18^TH CROSS ROAD, SAMPIGE ROAD, MALLESWARAM, BENGALURU-560 017, REPRESENTED BY ITS EXECUTIVE DIRECTOR.

… RESPONDENTS (BY SRI G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1 TO R3;

SMT. SURABHI KULKARNI, ADVOCATE FOR RESPONDENT NO.4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE OF A MANDAMUS, DIRECTING THE RESPONDENT NOS.1 AND 2 TO ISSUE A NO OBJECTION CERTIFICATE TO THE PETITIONER, AND RECEIVE HER APPLICATION FOR PARTICIPATING IN THE IN SERVICE QUOTA CATEGORY OF PG NEET 2025, AND THEREUPON FORWARD THE NAME OF THE PETITIONER TO THE RESPONDENT NOS.3 AND 4 TO ENABLE THE PETITIONER TO PARTICIPATE IN THE COUNSELING IN THE IN SERVICE QUOTA CATEGORY OF PG NEET 2025 AND ETC.

THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.I.ARUN)

The petitioner had applied for a Post-Graduate seat in Medical Sciences under in-service quota and had taken part in Post-Graduate NEET-2025 examinations. The scheme of Post-Graduate NEET-2025 examination contemplates that 433 seats are reserved for in-service students and that they will be first counseled and allotted the choice of their seats in order of merit and thereafter, if any seats remain unfilled, the same shall be merged with non in-service seats and will be offered to non in-service candidates who are qualified for Post-Graduate NEET-2025.

2. In the instant case, only 62 seats out of 433 seats were filled by in-service candidates and the remaining 371 seats were merged with non in-service seats and are offered to non in-service candidates. The total number of seats offered to non in-service candidates, which included the 371 seats merged, is 4761 seats. Thereafter, the second round is completed and presently 1501 seats remained vacant for regular PG courses and 110 seats remained vacant for Diplomat of National Board Courses, which can be offered to the Health and Family Welfare in- service candidates. At this juncture, the petitioner has preferred the instant petition contending that she should be treated as an in-service candidate and respondents committed a mistake by not treating her so.

3. The petitioner has prayed for the following reliefs in the writ petition:

“a. Issue an order, direction or writ in the nature of a mandamus, directing the respondents No.1 and 2 to issue a No Objection Certificate to the petitioner, and receive her application for participating in the in service quota category of PG NEET-2025, and thereupon forward the name of the petitioner to the respondents No.3 and 4 to enable the petitioner to participate in the counseling in the in service quota categ