Karnataka High Court cancels PG medical seats allotted to ineligible candidates in mop-up round

The Karnataka High Court on Tuesday cancelled the seats allotted to students ineligible to participate in the mop-up round of NEET-PG (PG Medical/PG Dental), as per the brochure issued by the Karnataka Examinations Authority (KEA) and that the seats will be made available in the next round of counseling. 

A division bench comprising Justices Anu Sivaraman and Vijayakumar A Patil has directed the state government and the National Medical Commission (NMC) to permit such candidates who are allotted seats under the third round of counseling in the All India Quota to join the allotted seats till 5 pm on February 9, 2025.

“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,” the court said.

The bench further said, “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 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.”

The court has also directed the KEA to 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, the bench said.

“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 seats under the All India Quota stands extended till February 9, 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 are enabled to take appropriate steps,” the court said.

The candidates who are aspirants for the NEET-PG admission in the mop-up round being conducted by the KEA had approached the court. They contended that going by the eligibility conditions in the KEA 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 the KEA.

The division bench pointed out that there was a change in the procedure and students were permitted to participate in the third round of counseling for All India Quota seats. “However, we notice that there was no change with regard 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 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,” the bench said.