DR. AKSHAY U. THUPPAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 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 4th 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 participate in the mop-up round of counselling conducted by the 4th respondent. However, it is further contended that the 3rd respondent had conducted the counselling for the 3rd round (mop up round) under the All India Quota from 26/12/2024 to 25/1/2025. It is submitted that the sharing of the data with regard to the joined candidates by the 3rd respondent was to be done on 4/2/2025 and 5/2/2025. However, the mop up round of State Counseling was to be from 25/1/2025 to 5/2/2025 and the sharing of the data with regard to the joined seats by the State DMEs was scheduled on 10/2/2025 and 11/2/2025. 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 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 27/1/2025 and the time for submitting options for the third round of counseling under the KEA was extended till 6 p.m. on 28/1/2025, 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.

(2.) 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 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 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 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.

(3.) Learned counsel appearing for the KEA submits that there has been a change of procedure for 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 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 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 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.