DR. M. SHUSHRUTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions are filed seeking substantially the same reliefs. The reliefs sought for in W.P.No.2989/2025 are as follows:-

(2.) The writ petitioners contend that they are the NRI candidates aspiring for NEET PG Seat in pursuance to the KEA Notification for the year 2024-2025. It is contended that though NRI Category candidates were available for the selection, the KEA had de-categorized the unfilled, in-service and NRI Quota Seats in the second round of counseling itself which had denied a chance to NRI candidates to be selected against the NRI Quota Seats. It is contended that pursuant to the Notification dtd. 15/1/2025, calling for PG Medical candidates, who became eligible for admission due to the lowering of eligibility criteria, the applicants had participated in the allotment procedure. The brochure issued by the KEA specifically provided that NRI Quota Seats would be allotted to NRI candidates and the petitioners were also permitted to submit options in the NRI Quota. However, by de- categorization which has been carried out by the KEA without any provision for the same, either in the brochure or in the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006 ('2006 Rules' for short), which have been made specifically applicable to the selection by the brochure in question. The petitioners have lost their opportunity for admission to NRI Quota Seats for which they are eligible. The representations have been submitted before the KEA in this regard which was not considered by the KEA.

(3.) The learned counsel appearing for the petitioners contend that the petitioner being permitted to enter options in the NRI Quota to all available NRI Category Seats. The refusal to consider his options to those seats which are specifically notified as NRI seats in the mop-up round is illegal and unsustainable. It is further contended that the de-categorisation of the NRI Quota Seats as Management Seats have not been notified to the eligible candidates in the KEA web portal and that this vitiates the mop-up round of counselling. It is contended that in the absence of any provision in the 2006 Rules for converting of NRI Seats to Management Seats or any such power reserved to the KEA in the brochure, the said procedure was wholly illegal.