Dr. Akshay U Thuppad Vs State of Karnataka

DR. AKSHAY U. THUPPAD S/O UMESH V THUPPAD AGED ABOUT 25 YEARS R/O SRI SADANA, 2ND MAIN 6TH CROSS, VIDYA NAGARA CHITRADURGA, KARNATAKA - 577502 NEET RANK-9584.

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DR. SHACHI PANDEY D/O SAROJ PANDEY AGED ABOUT 26 YEARS R/O NO.381, HERITAGE TOWERS DWARAKA, SECTOR-3 DELHI - 110078 NEET RANK-10628.

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DR. SHIVANI M.R. D/O MEGHARAJ R/O NO.430, 8TH MAIN, 4TH CROSS HANUMANTHNAGAR BANGALORE-560019 NEET RANK 34392.

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DR. RAGHUNATH S/O PAKKIRAPPA .R AGED ABOUT 30 YEARS C/O SHIVA LODGE OPP

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MINTO HOSPITAL, CHAMRAJPETE BENGALURU 560002 NEET RANK 36860.

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DR. TRUPTI D/O VEERESH AGED ABOUT 26 YEARS R/O NO 206, 5TH BLOCK B-2 WING. SKYLINE APARTMENT CHANDRA LAYOUT, BANGALORE KARNATAKA - 560040 NEET RANK 32404.

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CHANDANA M.N. D/O NAGARAJU AGED ABOUT 25 YEARS R/O CHANNARAYAPATNA HASSAN, KARNATAKA - 573135 NEET RANK 16580.

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DR. YOGITHA C/O D. MOHAN KUMAR AGED ABOUT 27 YEARS R/O FLAT NO.905. NORTHERNSKY PALM STREAK OPP VIVEKANANDA PARK, NEAR BEJAI, CHURCH CROSS MANGALORE - 575004 NEET RANK 135789.

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DR. BHARATH KUMAR K.T. S/O THIPPE SWAMY .K AGED ABOUT 28 YEARS R/O 164, NEAR MARAMMA TEMPLE ALUR POST, KUDLIGI, BELLARY KARNATAKA - 583218 NEET RANK-32271.

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DR. AMAR S/O CHANAPPA GADGE

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AGED ABOUT 29 YEARS R/O HUMNABAD, BIDAR 585330 NEET RANK 31118.

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DR. SANJAY

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S/O SUBBEGOWDA .V AGED ABOUT 25 YEARS R/O MEREVEGOWDARA KUTREERA JAYANAGARA 2ND MAIN, 4TH CROSS MYSORE 570014 NEET RANK-26988.

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DR. MADHUSH H.J. S/O H.C. JAGADEESH AGED ABOUT 25 YEARS R/O YELLAPUR, TUMKUR KARNATAKA 572101. NEET RANK- 31148.

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…PETITIONERS

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(BY SMT. HIREMATH AKKAMAHADEVI, ADV.,)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION VIKASA SOUDHA, BENGALURU-560001 REPRESENTED BY ITS SECRETARY.

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NATIONAL MEDICAL COMMISSION POCKET 14, SECTOR 8, DWARKA NEW DELHI-110007 REPRESENTED BY ITS SECRETARY.

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MEDICAL COUNSELING COMMITTEE (MCC) DIRECTOR GENERAL OF HEALTH SERVICES MINISTRY OF HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA ROOM NO.352, A-WING, NIRMAN BHAVAN

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MAULANA AZAD ROAD, NEW DELHI-110011 REPRESENTED BY ITS DIRECTOR.

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KARNATAKA EXAMINATIONS AUTHORITY (KEA) 18^TH CROSS ROAD, SAMPIGE ROAD MALLESWARA - 560012

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BY ITS EXECUTIVE DIRECTOR.

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DIRECTORATE OF MEDICAL EDUCATION KR ROAD, FORT, BENGALURU-560002 REP. BY ITS DIRECTOR.

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DR. SURABHI SANJAY AGED ABOUT 27 YEARS D/O SANJAY SRIKANTAIAH 15 TEMPLE ROAD JAYALAXMIPURAM MYSORE-570012.

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DR. AJAY M S/O MAHESHWARAPPA AGED ABOUT 26 YEARS R/O MARANIHALLI, ALLIMAGI POST HOSADURGA

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CHITRADURGA DIST-577527.

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DR. DAIVA KUMAR B S/O BETAIAH AGED ABOUT 25 YEARS R/O. NO.44, JADENAHALLI BIDADI HOBLI, HEJJALA POST RAMANAGARA DIST-562159.

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DR. CHINMAYI P D/O PRABHAKARA AGED ABOUT 25 YEARS R/O.1796, 1^ST MAIN,

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6^TH CROSS, KUMARASWAMY LAYOUT II STAGE, BANGALORE-560078.

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DR. CHETAN KUMAR S/O SHASHIDHAR KALLUR AGED ABOUT 27 YEARS R/O DATTA COLONY RADHAKRISHNAN NAGARA KUKANOOR, KOPPAL DIST-583232.

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DR. CHETANRAJ S/O DEVARAJ AGED ABOUT 28 YEARS R/O. NO.90, INDIRANAGARA WARD NO.3, KANAKAGIRI KOPPALA DIST-583283.

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DR. SANTOSH .T S/O THIPPESWAMY AGED ABOUT 27 YEARS R/O. GOOLIHOSAHALLI DODDA KITTADAHALLI HOLALKERE TALUK CHITRADURGA DIST-577557.

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DR. ADHYA B.K. D/O KANTHARAJ AGED ABOUT 25 YEARS R/AT. NO.77, MAIN ROAD NEAR GOVERNMENT SCHOOL KANNAGI-577226.

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DR. PRIYADARSHINI B.S. D/O SHIVASHANKAR B.P. AGED ABOUT 25 YEARS R/AT. NO.319, 'SUMA PRIYA' NILAYA KHB BADAVANE, KERE ANGALA VTC, MANDYA-571401.

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DR. NITHYA M.R. D/O SRI. RAMESH K.C.

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MALLENAHALLI, BINDIGANVILE NAGAMANGALA MANDYA-571802.

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(AMENDED AS PER COURT ORDER DATED 04.02.2025)

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…RESPONDENTS

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(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R5 SRI. N. KHETTY, ADV., FOR R2 SRI. H. SHANTHIBHUSHAN, DSGI, FOR R3 SRI. N.K. RAMESH, ADV., FOR R4 SRI. AJOY KUMAR PATIL, ADV., FOR R6 SRI. IRISHAD AHMED B.M. ADV., FOR R7 TO R15)

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THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 4^TH RESPONDENT TO REMOVE/CANCEL THE POST GRADUATE SEATS WRONGLY ALLOTTED TO THE INELIGIBLE/BARRED CANDIDATES WHO HAVE BEEN ALLOTTED POST GRADUATE MEDICAL SEATS IN THE FINAL ALLOTMENT LIST OF MOP UP (THIRD) ROUND OF STATE COUNSELLING FOR STATE SEATS IN PG-NEET 2025 PUBLISHED ON 30/01/205 BY THE 3RD RESPONDENT. CONSEQUENTLY DIRECT THE 4^TH RESPONDENT TO REDO THE PROCESS OF COUNSELLING OF THE SAID CANCELLED POST GRADUATE MEDICAL SEATS. DIRECT CERTAIN MEASURES TO BE TAKEN TO PREVENT THE OCCURRENCE OF THE INELIGIBLE/BARRED CANDIDATES FROM PARTICIPATING IN THE COUNSELLING AND ADMISSION PROCESS AND TO INTRODUCE TRANSPARENCY IN THE ENTIRE COUNSELLING AND ADMISSION PROCESS & ETC.

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THIS PETITION, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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( PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN )

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This writ petition is filed by the candidates who are aspirants for the NEET PG admission in the mop-up round being conducted by the 4^th respondent - Authority. They contend that going by the eligibility conditions as provided in the brochure, it is specifically provided that candidates who have not joined the colleges after allotment of seats in the PG Medical / PG Dental first round or second round and are not allotted seat in the mop-up round in All India Counseling including the Counseling for Deemed Universities (subject to conditions, if any stipulated by the GOI) and the candidates who have not been allotted any seat in State counseling alone would be eligible for participating in the mop-up round of counseling held by Karnataka Examinations Authority (KEA). It is contended that the writ petitioners are persons who were eligible to

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participate in the mop-up round of counselling conducted by the 4^th respondent. However, it is further contended that the 3^rd respondent had conducted the counselling for the 3^rd round (mop up round) under the All India Quota from 26.12.2024 to 25.01.2025. It is submitted that the sharing of the data with regard to the joined candidates by the 3^rd respondent was to be done on 04.02.2025 and 05.02.2025. However, the mop up round of State Counseling was to be from 25.01.2025 to 05.02.2025 and the sharing of the data with regard to the joined seats by

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the State DMEs was scheduled on 10.02.2025 and 11.02.2025. It is contended that in the present year, there was a change with regard to the eligibility for participation in the successive rounds of conselling under the All India Quota. Even persons who had participated in the first and second rounds of counseling were permitted to participate in the third round of All India Quota counseling. It is contended that there was no such change effected by the KEA with regard to the eligibility conditions for participation in the third round or the mop-up round as

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conducted by them. However, it is further submitted that persons who had been allotted seats in the third round of counseling in the All India Quota who were ineligible to participate in the mop-up round under KEA were also permitted to submit options and to participate in the third round of counseling by the KEA. It is submitted that though the results of the third round of counseling in the All India Quota was available on 27.01.2025 and the time for submitting options for the third round of counseling under the KEA was extended till 6 p.m. on 28.01.2025, even those persons who had participated in the third round of All India Quota and had been allotted seats there were permitted to participate in the third round of counseling under the KEA and to take seats in the said round.

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Learned counsel for the petitioners vehemently contends that such procedure was completely illegal and unwarranted since the brochure by the KEA specifically provide that persons who had been allotted seats in the

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mop-up round of the All India Quota which is the third round of the All India Quota could not participate in the mop-up round under the KEA. It is contended that this has lead to a situation where persons who had already been allotted seats either in the first two rounds of counseling under the KEA or in the mop-up round in the

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All India Quota are now permitted to exercise further options and to better their options which is not permitted under the KEA brochure. It is submitted that on the basis of the brochure, the petitioners had participated in the

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counseling process. They were waiting for the mop-up round under the KEA in the hope that they had a chance to avail the seats which would become available in the mop-up round of counseling being conducted by the KEA. It is submitted that their chances to get seats in accordance with the brochure have now been defeated by the illegal acts of the KEA.

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Learned counsel appearing for the KEA submits that there has been a change of procedure for

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participation in the counseling conducted by MCC for the All India Quota seats and the seats available in deemed Universities. It is submitted that the MCC permitted persons who had participated in the first two rounds of counseling also to participate in the third round if they wanted to better their options. It is submitted that in the said circumstances, a situation arose where seats in the All India Quota would also get vacated and would become available for filling up by the KEA. The KEA therefore felt that an option should be given to all persons to participate

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in the third round of counseling under KEA. It is submitted that due to such circumstances that option entries were permitted even by persons who had already taken al0lotments under the All India Quota and that they were permitted to participate in the third round of counseling under KEA as well. It is further submitted that the KEA had relied on a note provided in the schedule issued by

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the MCC which stated that the MCC shall share the data of joined candidates in round 1, round 2, round 3 to all participating States and similarly the participating States

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shall share such data as well. It is further submitted that the note further provided that based on the list of candidates allotted through stray vacancy round of MCC, State Counseling Authorities are requested to weed out such candidates before seat processing of stray vacancy round of State Counseling. It is submitted that relying on such note; the KEA had permitted persons who had participated in the third round of All India Quota also to participate in the third round of KEA counseling.

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The learned Deputy Solicitor General of India appearing for the 3^rd respondent contends that the charges brought about in the eligibility for participation in the successive rounds of counseling in the All India Quota were specifically provided with regard to All India Quota alone. It was contended that it was with the permission of the Apex Court that the changes have been brought about. Accordingly, persons who had participated in the first two rounds in the All India Quota were also permitted to participate in the third round after due registration. It is

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contended that the said charges would not effect the brochure issued by the KEA or the procedure as prescribed by the KEA unless such changes are brought about with due permissions and with proper notifications to the participants. It is further contended that the last date for joining the seats allotted in the All India Quota is till 11.55 p.m. on 04.02.2025. It is submitted that those students who have been allotted in the third round of counseling under the All India Quota can exercise their option to join the said allotted seats till midnight today. Further, it is contended that the note which is relied on by the KEA, only provides that details of seats availed would be shared after the first three rounds of the All India Quota counseling and that the States would also be required to share such data after the first three rounds of their counseling so that stray round can be conducted by including all those seats. It is submitted that the note relied on by the KEA does not justify any change in the notified procedure or the State eligibility criteria as provided in the brochure.

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Learned counsel appearing for the 2^nd

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respondent NMC would submit those students who have already been allotted seats in the third round of counseling for the All India Quota can be permitted to join the seats allotted to them, even by extending the time provided so that they will not loose the seats already allotted to them in the All India Quota. It is submitted that in the light of the brochure issued by the KEA they would not have the right to participate in the third round under the KEA in which event, unless the seats allotted to them in the All India Quota in the third round are availed by them, they would loose those seats as well.

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The petitioners in the impleading applications would contend that they had participated in the third round of All India Quota but had not accepted the seats or joined the seats allotted to them in the third round. It is submitted that they were permitted to exercise their option with regard to third round of KEA counseling and had done so. It is submitted that the original time for

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submitting their options for the third round of counseling under KEA was till 23.01.2025. It is submitted that when

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the portal was open and when they were enabled to exercise their options, they were not aware whether they were allotted any seat in the mop-up round under All India Quota. It is submitted that they were permitted to participate in the third round under KEA and they had been allotted seats and had also joined the seats allotted to them.

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We have considered the contentions advanced on all sites. We have also noticed the contentions and the materials on record. We notice that the eligibility for participation in the third round or the mop-up round of counseling notified in the brochure issued by the KEA was specifically as under:

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Mop-up round

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"(Seat allotment Schedule and procedure for conduct of Mop-up round will be informed later)

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Eligibility to participate in each round is subject to the conditions stipulated from time to time by MCC. KEA will not be held responsible in this regard.

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If any seats remain vacant after the second round, a mop round may be conducted for all categories of seats, the following types of candidates only are eligible to participate in the mop-up round.

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Candidates who have not joined the college after allotment of seats in the PG Medical / PG Dental first round or second round or not allotted seat in mop-up round of All India Counselling including Counselling for Deemed Universities (subject to conditions if any, stipulated by GOI), and candidates who have not been allotted any Clinical seat* in second round of state counselling.

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NOTE:

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• The conditions stipulated by the Apex bodies will be followed.

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• Candidates are advised to visit KEA Website for seats availability / vacant seats for PG Mop-up round allotment before participating as well to know about the fee structure in different colleges / category of seats.

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*NOTE TO pre or para-clinical seat allotted candidates:

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Candidates allotted pre or para-clinical seat will be allowed to participate in counseling for Clinical seats only. The candidates allotted pre or paraclinical seat and who are interested to participate in the mop-up round should not report to the allotted college of Pre- or Para clinical seat. But they should compulsorily pay the fees for pre or para-clinical seat and wait for the mop-up round. If any clinical seat is allotted to them in the mopup round, then they have to pay the balance fees immediately, and report to the newly allotted college. In case if they did not get any clinical seat in the mop-up round, then they have to take admission for pre or para-clinical seat by collecting the admission order.

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However, in case candidates have already joined the allotted college for pre or para-clinical seat, then they will not be allowed to participate in the mop-up round.

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NOTE: The instructions and guidelines issued by the Competent Authority from time to time shall be followed."

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It is clear that there was a change in the procedure with regard to the conduct of counseling for the All India Quota seats. Persons who had participated in the first two rounds in the All India Quota were also permitted to participate in the third round of counseling for All India Quota seats subject to the conditions as provided by MCC. However, we notice that there was no change with regard

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to the conditions with regard to eligibility given in the KEA brochure for participation in the third round of counseling by KEA. If that be the case and the eligibility conditions as provided remains unchanged, then obviously, persons who

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have been allotted PG Medical seat in the first round or the second round would not be eligible to participate in the mop-up round of the KEA counseling. Further, a person who is allotted a seat in the mop-up round of the All India Quota including the counseling for the Deemed

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Universities would also not be eligible to participate in the third round of the KEA counseling. As long as these conditions remain unchanged, we are of the opinion that the contention that the change in the criteria for participation in the third round for the All India Quota would automatically entail a permission for persons who are not eligible as per the conditions of the brochure to participate in the third round of KEA counseling, cannot be accepted.

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The writ petition therefore would have to succeed. The contentions raised by the petitioners in the impleading applications that they were unaware whether they have secured a seat in the All India Quota also cannot be accepted in view of the fact that the time for submitting the options in the third round of KEA counseling stood extended till 28.01.2025 and the details with regard to round 3 counseling under the All India Quota was available provisionally on 25.01.2025 and finally on 27.01.2025. The further contention raised by the learned counsel

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appearing for the impleading applicant that the allotted seats in the Deemed Universities are not covered by the bar under the KEA brochure also cannot be accepted in the light of the specific provisions as provided above.

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We are of the opinion that in the light of the

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discussion above, the writ petition is liable to be allowed. The seats allotted to ineligible candidates in terms of the brochure by the KEA in the third round shall also stand cancelled.

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However, in view of the fact that the impleading applicants and other similarly situated students have already participated in the third round of counseling for All India Quota and had been allotted seats there in, we are of the opinion that in case they wish to join the allotted seats under the All India Quota, they should be permitted to do so and should also be given some reasonable time to

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join the seats allotted under the All India Quota. We are further of the opinion that the penalty clause with regard to giving up of the seats as provided under Clause 16 of

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the KEA brochure should also not be made applicable as against the said candidates since they had participated in the mop-up round of KEA counseling only on the basis of the permission wrongly granted by the KEA. The 3^rd respondent will therefore permit the students allotted under the All India Quota and who had been permitted by the KEA in the third round of counseling further time up to 5 p.m. on 09.02.2025 to join the seats allotted to them under the All India Quota. The KEA shall also take proper steps to see that the original documents are returned to

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those candidates to enable them to join the All India Quota seats.

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12. In the result:-

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The writ petitions are allowed . In the interest of justice, it is ordered as follows:-

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i) There will be a direction to the fourth respondent

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to cancel the allotment of Post Graduate Medical Seats wrongly allotted in violation of the provisions of the brochure in the mop-up round of KEA counseling.

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ii) The seats allotted to persons who were ineligible

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to participate in the mop-up round as per the brochure issued by the KEA, shall be cancelled and will be made available in the next round of counseling.

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iii) The second and third respondent shall permit the candidates, who are allotted seats under the third round of counseling in the All India Quota to join the allotted seats till 5:00 p.m. on 09.02.2025.

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iv) The KEA is directed not to enforce the penalty clause under clause-16 of the KEA brochure as against the students, who were wrongly permitted to participate in the third round of KEA counseling in violation of the brochure. The KEA shall also take steps to see that the original documents are returned to those candidates to enable them to join the All India Quota seats at the earliest.

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v) In view of the fact that the several seats which were available in the mop-up round of KEA counseling would again fall vacant and would be available in the stray vacancy round, the petitioner and similarly situated candidates, who were eligible to participate in the mop-up

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round, should be permitted to participate in the stray vacancy round, so that, the seats which have fallen vacant would also be allotted on the basis of merit among the eligible candidates.

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vi) Further, the KEA shall also take appropriate steps to see that if any of the ineligible candidates have joined the colleges pursuant to the third round of counseling held by the KEA, the fees paid by them shall be refunded to them at the earliest. Any deemed University which has collected fees from candidates ineligible to participate in the third round of KEA counseling shall also refund such fees to them.

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vii) The MCC as well as the KEA will inform the candidates who have already been allotted seats in the third round of counseling under the All India Quota and who were permitted to participate in the counselling of the KEA without eligibility that they have to join the seats allotted in the third round of counseling under the All India Quota failing which they will not be entitled any seat in the KEA also. The fact that the time for joining the allotted

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seats under the All India Quota stands extended till 09.02.2025, shall also be intimated to them at the earliest by e-mail and through intimation in the official website or through SMS on the mobile numbers available so that they

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are enabled to take appropriate steps.

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Sd/(ANU SIVARAMAN) JUDGE

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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RV/CP List No.: 1 Sl No.: 16

Dr. Akshay U Thuppad v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Dr. Akshay U Thuppad v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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