A candidate who has formally accepted and joined an MBBS seat through the centralized counseling process cannot unilaterally surrender the seat to seek a fresh allotment in a later counseling round, especially when the regulations and eligibility criteria for subsequent rounds specifically bar candidates who already hold seats.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING RESPONDENT NO.1 KARNATAKA EXAMINATIONS AUTHORITY TO ACCEPT THE SURRENDER OF THE MBBS SEAT ALLOTTED TO THE PETITIONER IN KEA ROUND-4 (STRAY VACANCY ROUND) FOR THE ACADEMIC YEAR 2025-26 AND ETC.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS COMING ON FOR ‘PRONOUNCEMENT OF ORDER’ THIS DAY, JAYANT BANERJI J., MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI

and

HON'BLE MR. JUSTICE T.M.NADAF

CAV ORDER

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

The instant petition has been filed seeking the following reliefs:

i. Issue a writ of Mandamus or any other appropriate writ, order or direction directing Respondent No.1 Karnataka Examinations Authority to accept the surrender of the MBBS seat allotted to the Petitioner in KEA Round-4 (Stray Vacancy Round) for the academic year 2025-26;

ii. Declare that the surrender of the MBBS seat by the Petitioner, having been sought within the same counselling cycle and before finalization of admissions, is valid and binding, and that the said seat shall be treated as not consumed and liable to be re-allotted in accordance with law;

iii. Declare that the provisions relating to forfeiture of fees and absolute bar on surrender are inapplicable to the Petitioner's case, as the counselling process had not attained finality at the relevant point of time;

iv. Direct Respondent No.1 and the Respondent No.4 to refund and/or adjust all refundable fees paid by the Petitioner, including tuition fee and any other amounts, in accordance with KEA rules and guidelines, within a stipulated time-frame;

v. Direct Respondent No.4 - The Oxford Medical College Hospital and Research Centre, Bengaluru, to return all original educational documents of the Petitioner forthwith, without insisting upon any penalty, No Objection Certificate, or undertaking;

vi. Declare that the Petitioner shall not be disqualified, debarred, or rendered ineligible to appear for NEET-UG 2026 or to participate in MBBS counselling conducted by KEA or any other competent authority for the subsequent academic year, on the ground of the present allotment or surrender;

vii. Declare that the action and inaction of Respondent No.1 in refusing to accept the Petitioner's surrender while accepting surrender of other similarly placed candidates is arbitrary, discriminatory and violative of Article 14 of the Constitution of India;

viii. Pass such other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, including costs, in the interest of justice and equity.

Petitioner is NEET-UG 2025 qualified candidate, aspiring to pursue Medical or Dental Course through the counselling conducted by respondent No.1- KEA¹1 Karnataka Examinations Authority. Petitioner submitted an online application to KEA and all the original documents were verified. In the first round of counselling conducted by KEA, the petitioner was allotted a BDS seat under the NRI quota at M.S.Ramaiah Dental College, Bengaluru. The petitioner reported to the said institution pursuant to the allotment and paid the prescribed fees.

However after completion of the second round of counselling and upon announcement of the third round of counselling, the petitioner noticed that several MBBS seats under the Management Quota had remained vacant and that additional MBBS seats were also introduced for consideration in the third round which were not available at the time when the petitioner had exercised her options and frozen the BDS seat.

To explore the possibility of securing an MBBS seat without prematurely surrendering the BDS seat already allotted, the petitioner submitted representations dated 08.10.2025 and 28.10.2025 to the KEA seeking permission to participate in the third round of counselling while retaining the existing BDS seat as a ’fall-back’ option. The pe