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Dr. Divya S. Nidhi Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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Karnataka HC
2025
Dr. Divya S. Nidhi Vs State of KarnatakaDr. Divya S. Nidhi v. State of Karnataka

Dismissed¶46

Dr. Divya S. Nidhi v. State of Karnataka

Medical education – NEET PG counselling – Karnataka Examination Authority (KEA)

Karnataka HC18 Feb 2025WP/4554/2025

Case brief

AI extract

What is this about?

W.P. No.4554/2025 (EDN-RES); High Court of Karnataka; NEET PG counselling; KEA stray vacancy round; MCC third round allotment; mop-up round cancellation; eligibility for further counselling rounds; KEA brochure; W.P.No.2848/2025; Annexure-B cancellation order dated 04.02.2025; Annexure-C MCC notice dated 12.02.2025; Article 226; certiorari; mandamus; Karnataka Examination Authority; Medical Counselling Committee; National Medical Commission; writ petition dismissed.

What did the court decide?

In view of this Court's judgment in W.P.No.2848/2025 (Annexure-A) and the KEA brochure, a candidate who participated in the third round of MCC counselling, was allotted a seat in that round and joined the allotted seat is not eligible to participate in any further round of counselling. ¶46

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, who was allotted a seat in the third round of MCC counselling and joined it, was entitled to participate in the subsequent/stray vacancy rounds of KEA counselling.

Court's answer

In view of this Court's judgment in W.P.No.2848/2025 (Annexure-A) and the KEA brochure, a candidate who participated in the third round of MCC counselling, was allotted a seat in that round and joined the allotted seat is not eligible to participate in any further round of counselling.

Ratio / Principle

The bar on the petitioner's participation in further rounds flows from this Court's earlier judgment in W.P.No.2848/2025 read with the specific provisions of the KEA brochure.

Detailed headnote1 paragraphs

Medical education — NEET PG counselling — Karnataka Examination Authority (KEA) — Petitioner, allotted a seat in the third round of MCC counselling which she joined, sought certiorari against KEA's cancellation order dated 04.02.2025 (Annexure-B) of her mop-up round allotment and mandamus to permit her to participate in the stray vacancy round. Held, in the light of this Court's judgment dated 04.02.2025 in W.P.No.2848/2025 (Annexure-A) and the specific provisions of the KEA brochure, a candidate who participated in the third round of MCC counselling, was allotted a seat therein and joined it, is not eligible to participate in any further round of counselling. Writ petition dismissed. (Per Anu Sivaraman, J.)

A

1 -

NC: 2025:KHC:7228-DB W.P. No.4554/2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2025 PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.4554/2025 (EDN-RES)

BETWEEN:

Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA

DR. DIVYA S. NIDHI D/O SUBRAMANYA S.V. AGED ABOUT 28 YEARS R/AT NO.1057, 36TH CROSS 28TH MAIN, JAYANAGAR 4TH T BLOCK BENGALURU - 560 041 NEET RANK NO.154684 CATEGORY GM, ALLOTTTED M.S. PAIDETRICS SRI SIDDHARATHA MEDICAL COLLEGE TUMKURU FEE PAID.

…PETITIONER

(BY SRI. SRINIVASA MURTHY D, ADV.,)

AND:

STATE OF KARNATAKA DEPARMENT OF MEDICAL EDUCATION VIKAS SOUDHA, BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY.

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

MEDICAL COUNSELLING COMMITTEE (MCC) DIRECTOR GENERAL OF HEALTH SERVICES

2 - NC: 2025:KHC:7228-DB W.P. No.4554/2025

MINISTRY OF HEALTH AND FAMILY WELFARE GOVERNMENT OF INDIA ROOM NO.352, A WING NIRMAN BHAVAN MAULANA AZAD ROAD NEW DELHI 110 001 REPRESENTED BY ITS DIRECTOR.

KARNATAKA EXAMINATION AUTHORITY (KEA) 18TH CROSS, SAMPIGE ROAD MALLESWARAM 560 012 BY ITS EXECUTIVE DIRECTOR.

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

…RESPONDENTS

(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R5 SRI. N. KHETTY, ADV., FOR R2 SRI. H. SHANTHI BHUSHAN, DSGI FOR R3 SRI. N.K. RAMESH, ADV., FOR R4)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE CANCELLATION ORDER DATED 04/02/2025 BY THE 4^TH RESPONDENT KEA TO THE PETITIONER AS PER ANNEXURE-B. DIRECT THE 4TH RESPONDENT/KEA TO PUBLISH THE MERIT LIST OF THE CANDIDATES WHO WILL BE PARTICIPATED IN THE STRAY VACANCY ROUND. ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 12/02/2025 ISSUED BY THE 3RD RESPONDENT AS PER ANNEXURE-C & ETC.

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

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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NC: 2025:KHC:7228-DB W.P. No.4554/2025

ORAL JUDGMENT

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

This writ petition is filed seeking the following reliefs:

"i) Issue a Writ of Ceritorari quashing the cancellation order dated 04.02.2025 by the 4^th Respondent KEA to the Petitioner as per ANNEXURE B.

ii) Direct the 4^th Respondent/KEA to publish the merit list of the candidates who will be participated in the stray vacancy round.

iii) Issue a writ of certiorari quashing the order dated 12.02.2025 issued by the 3^rd Respondent as per ANNEXURE C.

iv) Issue a Writ of mandamus direct the 3^rd and 4^th Respondent/KEA to permit the petitioner to appeared in stray vacancy round conducted by them and choosing the petitioner to their interested subject if it is available at the time of stray vacancy round.

v) Grant such other writ/order as this Hon'ble Court deems it fit to grant in the facts and circumstances of the case and in the interest of justice and equity."

It is submitted by learned counsel appearing for the

petitioner that the petitioner is a meritorious student and should have been permitted to participate in the subsequent rounds of counselling since a better seat would have been available to her.

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NC: 2025:KHC:7228-DB W.P. No.4554/2025

Sri.H.Shanthi Bhushan, learned DSGI appearing for respondent No.3 as well as Sri.N.K.Ramesh, learned counsel appearing for respondent No.4-KEA would contend that it is on account of the specific provisions contained in KEA brochure as has been clarified by this Court in its judgment dated 04.02.2025 passed in W.P.No.2848/2025 that the petitioner's allotment in the mop-up round of counselling conducted by the KEA stood cancelled.

It is submitted that though Annexure-C notice dated 12.02.2025 has been issued by the MCC, it is subsequently clarified that only those persons who had not participated in the third round of MCC counselling would be eligible to participate in the stray vacancy round of PG counselling conducted by KEA. It is submitted that in terms of the specific provisions of brochure issued by the KEA, the petitioner, who had been allotted a seat in the third round of MCC counseling, would not be eligible to participate in the further rounds of KEA counselling.

The submissions are recorded.

In the light of the judgment of this Court in W.P.No.2848/2025 as at Annexure-A, the petitioner, who had

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NC: 2025:KHC:7228-DB W.P. No.4554/2025

participated in the third round of MCC counselling and had been allotted a seat in the said round and who has also joined the said allotted seat, would not be eligible to participate in any further round of counselling. The writ petition fails and the same is accordingly dismissed .

Sd/(ANU SIVARAMAN) JUDGE

Sd/(VIJAYKUMAR A. PATIL) JUDGE

BSR

List No.: 1 Sl No.: 30

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, who was allotted a seat in the third round of MCC counselling and joined it, was entitled to participate in the subsequent/stray vacancy rounds of KEA counselling.¶37
The court held
In view of this Court's judgment in W.P.No.2848/2025 (Annexure-A) and the KEA brochure, a candidate who participated in the third round of MCC counselling, was allotted a seat in that round and joined the allotted seat is not eligible to participate in any further round of counselling.ratio¶46

Cases cited

Colour shows how this judgement treated each authority

AI extract

W.P.No.2848/2025Applied¶43

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226¶22

Procedural history

How this case reached the court

AI extract

Order under challenge
Cancellation order dated 04.02.2025 issued by respondent No.4 KEA cancelling the petitioner's allotment (Annexure-B); the petitioner also sought quashing of the order dated 12.02.2025 issued by respondent No.3 MCC (Annexure-C).¶22
Karnataka Examination Authority (KEA), respondent No.4 · 04.02.2025
Prior proceeding
Petitioner participated in the third round of MCC counselling, was allotted a seat therein and joined it; in terms of the KEA brochure she was ineligible for further rounds of KEA counselling.¶41
Prior proceeding
Judgment dated 04.02.2025 of this Court in W.P.No.2848/2025 (Annexure-A) clarifying the KEA brochure provisions, on the basis of which the petitioner's mop-up round allotment stood cancelled.¶40
Prior proceeding
MCC issued Annexure-C notice dated 12.02.2025, subsequently clarified to mean that only candidates who had not participated in the third round of MCC counselling were eligible for the KEA stray vacancy round of PG counselling.¶41

Parties & counsel

AI extract

petitioner
DR. DIVYA S. NIDHI¶9
SRINIVASA MURTHY D
respondent
STATE OF KARNATAKA DEPARMENT OF MEDICAL EDUCATION¶13
M.N. SUDEV HEGDE
respondent
NATIONAL MEDICAL COMMISSION¶14
N. KHETTY
respondent
MEDICAL COUNSELLING COMMITTEE (MCC)¶15
H. SHANTHI BHUSHAN
respondent
KARNATAKA EXAMINATION AUTHORITY (KEA)¶18
N.K. RAMESH
respondent
DIRECTORATE OF MEDICAL EDUCATION¶19

Coram

AI extract

Anu Sivaramanauthor¶29
Vijaykumar A. Patilmember¶25

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 18 Feb 2025 · February
Registered: 14 Feb 2025
Case no.: WP/4554/2025
CNR: KAHC010106842025
Topic: Writ and Judicial Review
Bench: Anu Sivaraman Vijaykumar A. Patil
Disposal: DISMISSED
Case type: W.P. (EDN-RES)

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Cite this judgement

Dr. Divya S. Nidhi v. State of Karnataka, WP/4554/2025 (KA), decided on 18 February 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

W.P.No.2848/2025Applied¶43

Open Authorities

Statutes1

Constitution of IndiaArticle 226

View all statutes

Procedural history4

Cancellation order dated 04.02.2025 issued by respondent No.4 KEA cancelling the petitioner's allotment (Annexure-B); the petitioner also sought quashing of the order dated 12.02.2025 issued by respondent No.3 MCC (Annexure-C).Karnataka Examination Authority (KEA), respondent No.4 · 04.02.2025
Petitioner participated in the third round of MCC counselling, was allotted a seat therein and joined it; in terms of the KEA brochure she was ineligible for further rounds of KEA counselling.
Judgment dated 04.02.2025 of this Court in W.P.No.2848/2025 (Annexure-A) clarifying the KEA brochure provisions, on the basis of which the petitioner's mop-up round allotment stood cancelled.

View full history

Bench / Coram

Anu Sivaraman and Vijaykumar A. Patil

Parties & counsel