Chandana M N v. State of Karnataka

Karnataka HC13 Feb 2025WP/4065/2025

Case brief

AI extract

What is this about?

NEET PG counselling Karnataka; mop-up round; stray vacancy round; penalty Rs.2,00,000; Karnataka Examinations Authority (KEA); National Medical Commission; Directorate of Medical Education; surrender of allotted seat; refund of penalty; W.P.No.2848/2025; Article 226; writ of certiorari; Annexures-E and F SMS 10.02.2025; medical education admission; Anu Sivaraman; Vijaykumar A. Patil; High Court of Karnataka; 13-02-2025; EDN-RES.

What did the court decide?

Clarification that mop-up-eligible candidates may participate in the stray vacancy round without payment of any penalty after surrendering their mop-up seats; refund by KEA of any penalty collected from similarly situated students; KEA to notify last dates for surrender of mop-up seats and of stray-vacancy opts on its website. ¶¶49

Chandana M N Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶¶49

Issue for consideration

Whether the petitioners and similarly situated candidates who were eligible to participate in the mop-up round could be required to pay a penalty of Rs.2,00,000/- as a condition for participating in the stray vacancy round of counselling. +1 more

¶¶40

Court's answer

Requiring the petitioners who had approached this Court and similarly situated candidates who were eligible to participate in the mop-up round to pay penalty for participating in the stray vacancy round is not justifiable under any circumstances.

¶¶41

Ratio / Principle

The petitioners and similarly situated candidates who were eligible to participate in the mop-up round and wish to participate in the stray vacancy round should be permitted to do so, subject to their eligibility, without payment of any penalty, after surrendering their seats allotted in the mop-up round.

¶¶45

Key takeaways

Any penalty collected from students similarly situated to the petitioners who were eligible to participate in the mop-up round will be duly refunded to the students by the Karnataka Examinations Authority (KEA).ratio¶¶45
The KEA will notify on its website the last date for surrender of seats already allotted in the mop-up round (so as to make students eligible for the stray vacancy round) and the last date for surrendering seats already opted in the stray vacancy round.ratio¶¶45
The eligibility of candidates to participate in the stray vacancy round will be referable to their eligibility to participate in the mop-up round.

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution by seven NEET-PG candidates who had been allotted seats in the mop-up round of PG medical counselling but had not joined/reported to the allotted colleges, challenging SMS communications of the Karnataka Examinations Authority (KEA) dated 10.02.2025 (Annexures-E and F) conditioning participation in the stray vacancy round on payment of a penalty of Rs.2,00,000/-. Relying on the specific findings recorded in its earlier judgment in W.P.No.2848/2025, the Court held that requiring such candidates to pay a penalty for participating in the stray vacancy round is not justifiable under any circumstances. It clarified that candidates eligible for the mop-up round may participate in the stray vacancy round, subject to eligibility and without payment of any penalty, after surrendering their mop-up seats; directed that any penalty collected from similarly situated students be refunded by KEA; and directed KEA to notify on its website the last date for surrender of mop-up seats and the last date for surrendering seats opted in the stray vacancy round. Eligibility for the stray vacancy round was held referable to mop-up-round eligibility. Writ petition disposed of. Bench: Anu Sivaraman and Vijaykumar A. Patil; judgment per Anu Sivaraman; dated 13.02.2025.

¶1

¶2

NC: 2025:KHC:6499-DB WP No. 4065 of 2025

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 13^TH DAY OF FEBRUARY, 2025

¶5

PRESENT

¶6

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

¶7

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 4065 OF 2025 (EDN-RES)

¶8

BETWEEN:

¶9

CHANDANA M.N. D/O NAGARAJU AGED ABOUT 25 YEARS R/O. MANCHENAHALLI VILLAGE BEKKA POST, CHANNARAYAPATNA HASSAN-573 135 NEET RANK:16,580 ALLOTTED - MS OBSTETRICS AND GYNAECOLOGY VYDEHI INSTITUTE OF MEDICAL SCIENCE BENGALURU (GM CATEGORY)-FEE PAID NOT REPORTED

¶10

Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

¶11

DR. TRUPTI D/O VEERESH AGED ABOUT 26 YEARS R/O. No.206, 5^TH BLOCK B-2 WING, SKYLINE APARTMENT CHANDRA LAYOUT BENGALURU-560 040 NEET PG RANK-32,404 ALLOTTED COLLEGE-MS OPTHOLMOLOGY, JJMC DAVANGERE (GM-PH CATEGORY)-NOT PAID FEE AND NOT REPORTED TO COLLEGE

¶12

DR. BHARATH KUMAR K.T. S/O THIPPE SWAMY K. AGED ABOUT 28 YEARS R/O. No.164,

¶13

2 - NC: 2025:KHC:6499-DB WP No. 4065 of 2025

¶14

NEAR MARAMMA TEMPLE ALUR POST, KUDLIGI BELLARY-583 218 NEET RANK-32,271 ALLOTTED COLLEGE -MD ANAESTHESIA SUBBAIAHA INSTITUTE OF MEDICAL SCIENCES SHIMOGA, FEES PAID-NOT REPORTED

¶15

DR. SANJAY S/O SUBBEGOWDA V. AGED ABOUT 25 YEARS R/O. MEREVEGOWDARA KUTREERA JAYANAGARA 2^ND MAIN, 4^TH CROSS MYSURU-570 014 NEET RANK-26,988 ALLOTTED COLLEGE - MD ANAESTHESIA KVG MEDICAL COLLEGE, SULIA FEES NOT PAID, NOT REPORTED

¶16

DR. MADHUSH H.J. S/O H.C. JAGADEESH AGED ABOUT 25 YEARS R/O. YELLAPUR TUMAKURU-572 101 NEET RANK-31,148 ALLOTTED COLLEGE - MD RESPIRATORY MEDICINE OXFORD MEDICAL COLLEGE, BENGALURU (GM-P CATEGORY) - FEES PALD, NOT REPORTED

¶17

DR. GAUTHAM M.M. S/O MANJUNATH M.L. AGED ABOUT 28 YEARS R/O. No.1048/2, 3^RD CROSS 2^ND MAIN, KTJ NAGARA DAVANGERE-577 002 NEET RANK-34,685 ALLOTTED COLLEGE - MD PATHOLOGY BMC, (GM CATEGORY) - FEES PALD - NOT REPORTED

¶18

3 - NC: 2025:KHC:6499-DB WP No. 4065 of 2025

¶19

DR. RAKSHITHA V. D/O M.G. VIJAY KUMAR AGED ABOUT 27 YEARS R/O. No. 364, OLD POST OFFICE ROAD GUNIGANTIPALYA, MULBAGAL KOLAR-563 131 NEET RANK- 19,475 ALLOTTED COLLEGE - MD PAEDIATRICS MVJ MEDICAL COLLEGE, BENGALURU FEES PAID - NOT REPORTED

¶20

…PETITIONERS

¶21

(BY SMT. HIREMATH AKKAMAHADEVI, ADVOCATE)

¶22

AND:

¶23

STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION VIKASA SOUDHA, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY

¶24

NATIONAL MEDICAL COMMISSION POCKET 14, SECTOR 8, DWARKA NEW DELHI-110 007 REPRESENTED BY ITS SECRETARY

¶25

KARNATAKA EXAMINATIONS AUTHORITY (KEA) 18^TH CROSS ROAD, SAMPIGE ROAD MALLESHWARA-560 012 BY ITS EXECUTIVE DIRECTOR

¶26

DIRECTORATE OF MEDICAL EDUCATION K.R. ROAD, FORT BENGALURU-560 002 REPRESENTED BY ITS DIRECTOR

¶27

…RESPONDENTS

¶28

(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R4; SRI. N. KHETTY, ADVOCATE FOR R2; SRI. N.K. RAMESH, ADVOCATE FOR R3)

¶29

4 - NC: 2025:KHC:6499-DB WP No. 4065 of 2025

¶30

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT OF CERTIORARI, QUASHING THE SMS DATED 10.02.2025 AT 2:06 PM AND THE SMS DATED 10.02.2025 AT 2:50 PM SENT BY THE 3^RD RESPONDENT TO THE PETITIONERS, PRODUCED AS ANNEXURES-E AND F RESPECTIVELY AND ETC.

¶31

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

¶32

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

¶33

ORAL JUDGMENT

¶34

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

¶35

Heard the learned counsel appearing on either side.

¶36

It is submitted by the learned counsel appearing for the petitioners that this Court, in an earlier round of writ petition in W.P.No.2848/2025, had specifically directed that the petitioners and the similarly situated candidates who were eligible to participate in the mop-up round of counseling should be permitted to participate in the stray vacancy round, so that the seats

¶37

¶38

NC: 2025:KHC:6499-DB WP No. 4065 of 2025

¶39

which have fallen vacant would also be allotted on the basis of merit among the eligible candidates.

¶40

It is submitted that even though the petitioners and other similarly situated candidates were eligible to participate in the mop-up round and had not joined the seats which were allotted to them in the mop-up round, they were permitted to participate in the stray vacancy round only on payment of penalty of Rs.2,00,000/-.

¶41

Having considered the contentions advanced and in the light of the specific findings recorded in the judgment in W.P.No.2848/2025, we are of the opinion that requiring the petitioners who had approached this Court and similarly situated candidates who were eligible to participate in the mop-up round to pay penalty for participating in the stray vacancy round is not justifiable under any circumstances.

¶42

We therefore clarify that the petitioners and similarly situated candidates, who were eligible to

¶43

¶44

NC: 2025:KHC:6499-DB WP No. 4065 of 2025

¶45

participate in the mop-up round and who wish to participate in the stray vacancy round should be permitted to do so, subject to their eligibility, without payment of any penalty, after surrendering their seats allotted in the mop-up round. In case any penalty has been collected from the students who were similarly situated like the petitioners herein and who were eligible to participate in the mop-up round, the same will be duly refunded to the students by the Karnataka Examinations Authority (KEA). The KEA will also notify the last date for surrender of the seats already allotted in the mop-up round so as to make the students eligible to participate in the stray vacancy round and the last date for surrendering the seats already opted in the stray vacancy round in the website of KEA.

¶46

We make it clear that the eligibility of the candidates to participate in the stray vacancy round will be referable to their eligibility to participate in the mop-up round.

¶47

¶48

NC: 2025:KHC:6499-DB WP No. 4065 of 2025

¶49