MBBS Admissions: Karnataka HC Stays mop up round allotment of seats to candidates already admitted in previous rounds
Karnataka High Court
Bengaluru: Issuing an interim order, the Karnataka High Court has put a stay in the allotment of seats in the mop-up round for admission to undergraduate medical courses to those candidates who have already been admitted to colleges during the first and second round of counselling and those who have completed the admission formalities by paying the fees but did not report to the colleges after the allotment of seats in the second round.
However, the HC Division bench comprising of Justices G. Narendar and Vijayakumar A. Patil clarified that the students who have not paid the dees and completed the process of admission would be considered for allotment of seats in the mop-up round to fill the remaining vacant undergraduate medical seats.
"In that view, there shall be stay of allotment of seats in the mop-up round to such of those students who have already been allotted seat in the previous round and those who have completed admission formalities by paying the fees," ordered the HC bench.
"It is made clear that such of those students who have not paid the fees and completed the admission would be eligible for consideration," it further noted.
The HC has issued this order while considering the petitions challenging the legality of the recent notification issued by the Karnataka Examinations Authority (KEA), which allowed the candidates who have already been allotted seats and completed the admission formalities in the previous two rounds to take part in the mop-up round as well.
Also Read: KEA Begins Mop-Up Round of NEET Counselling, 1352 MBBS seats available for candidates
This decision of KEA was challenged in two separate petitions. Challenging the KEA notification, the petitioners argued that the decision of KEA is contrary to the general instructions issued by KEA itself, at the time of commencement of the admission process.
As per the latest media report by The Hindu, the petitioners further referred to the fact that in its earlier circular KEA itself had made it clear that the candidates who had already been admitted to any college would not be eligible to participate in the mop-up round.
The Daily further adds that KEA informed the HC bench that it decided to allow candidates, who secured admission in earlier rounds to participate in the mop-up because of the availability of a large number of vacant seats. In this context, KEA further informed that there were 482 seats vacant under the private quota and 37 seats were vacant under the government quota.
In its September 14 circular KEA had stated that 482 and 37 seats remained vacant because of non-payment of fees by the candidates to whom the seats were allotted in the second round. Therefore, KEA informed that it was allowing the candidates, who got admitted to the allotted colleges during the earlier two rounds to participate in the mop-up round of counselling. Further, the candidates who were allotted seats but did not complete the process of paying the fees and reporting to the medical college were also allowed by KEA.
However, while considering the matter, the HC bench observed that by its September 14 notification, KEA had attempted to do exactly what was prohibited by Rule (vi) of Sub-Rule 4 of Rule of the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006.
"Having heard the learned counsels and having perused the Karnataka Selection of Candidates for Admission to Government Seats in Professional Educational Institutions Rules, 2006 and having perused the judgment of co-ordinate Bench in the case of VISHNU VARMA AND ANR. v. KARNATAKA EXAMINATIONS AUTHORITY AND OTHERS in W.P.Nos.39109-39110/2017, we are of the considered opinion that proviso to Choice 1 of Rule (vi) of sub-Rule 4 of Rule 10 of the Rules clearly prohibits the grant of an option to a candidate who has paid fees and obtained admission order. Infact, 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," observed the HC bench.
Therefore, it stayed the allotment of seats in the mop-up round to those students who had already been allotted seats in the previous rounds and those who completed admission formalities by paying the fees.
To view the HC order, click on the link below:
https://medicaldialogues.in/pdf_upload/karnataka-hc-order-220446.pdf
