The High Court of Karnataka has stayed allotment of seats in the mop-up round for undergraduate medical courses to candidates who have already been admitted to the colleges on allotment of seats in the first and second round of counselling, and those who have paid fees but not reported to the colleges after allotment of seats in the second round, based on UGNEET-2023.
However, the court made it clear that students who have not paid the fees and completed admission would be eligible for consideration for allotment of seats in the mop-up round to fill the remaining vacant UG medical seats.
A Division Bench comprising Justice G. Narendar and Justice Vijayakumar A. Patil passed the interim order on the petitions filed by 18-year-old Mahendra Reddy C.N. of Chickballapur and 20-year-old Hitashree Y.L. of Mysuru.
The petitioners have questioned the legality of the notification issued by the Karnataka Examinations Authority (KEA) on September 14 in allowing even candidates who have already been allotted seats and completed admissions in the earlier two rounds being permitted to participate in the mop-up round.
Contrary to instructions
It was complained in the petitions that allowing already admitted candidates to participate in the mop-up round is contrary to the admission instructions issued by the KEA at the time of commencement of admission process. It was also pointed out on behalf of the petitioners that the KEA itself, in its earlier circular of September 13 had made it clear that candidates who had already taken admission in any college are not eligible to participate in the mop-up round.
Meanwhile, the KEA told the HC that it had decided to allow candidates, who secured admission in earlier rounds to participate in mop-up round in view of the availability of a large number of vacant seats, 482 seats under the private quota and 37 seats under the government quota.
The KEA, in its September 14 circular had stated that 482 and 37 seats had remained vacant owing to non-payment of fees by the candidates to whom the seats were allotted in the second round. Hence, the KEA had said that it was allowing the candidates, who got admitted to the allotted colleges during the earlier two rounds, and also to those who were allotted seats but did not pay fees and reported to the college, to participate in the mop-up round counselling.
What was prohibited
However, the Bench observed that the KEA, by its September 14 notifiation, had attempted to do exactly what is prohibited by the Rule (vi) of sub-Rule 4 of Rule 10 of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006.
