UG medical seat mop-up round: Karnataka HC stays seat allotment to students already admitted

The High Court of Karnataka has passed an interim order and stayed the allotment of undergraduate medical seats in the mop-up round to such students who have already been allotted seats in the previous round and those who have completed admission formalities by paying the fees.

A division bench comprising Justice G Narendar and Justice Vijayakumar A Patil passed this order after hearing the petition filed by one Hitashree Y L.

The petitioner had challenged the September 14, 2023 notification issued by the Karnataka Examinations Authority (KEA) regarding the mop up round UG NEET- Medical-2023. The notification stated that in view of 482 P seats and 37 G undergraduate medical seats remaining unfilled due to non-payment of fees, it has been decided to allow participation of such students in mop-up round who have been allotted seats in the first two rounds and have reported to colleges and those who have been allotted seats in the first two rounds but have not paid fees and reported to the colleges.

The petitioner contended that the decision is contrary to the general instructions issued by the KEA itself. The bench perused the materials and the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006. The bench also noted the Vishnu Varma Vs KEA case wherein judgment of co-ordinate bench stated that proviso to Choice 1 of Rule (vi) of sub-Rule 4 of Rule 10 of the 2006 Rules prohibits the grant of an option to a candidate who has paid fees and obtained admission order.

"In fact, the proviso would rule that in case where a student has been allotted seat and admission formalities have been completed by paying the fees and the student fails to report to the college on the last date and time specified, it mandates that such allotment shall be treated as cancelled and the student will not be considered for allotment of seat in the subsequent rounds and such cancelled seat shall be reverted back to the pool and the fee paid is forfeited. By the impugned notification, the respondent – KEA has attempted to do exactly what is prohibited by the very Rules," the bench said.

The bench further said, "It is made clear that such students who have not paid the fees and completed the admission would be eligible for consideration."