MBBS: Once assigned a seat, student cannot participate in subsequent councils, says HC

The High Court has dismissed a petition filed by an MBBS seat contender who sought permission to take part in the mopping-up round after giving up the seat awarded in the second round of council.

The student petitioner claimed that he gave up the NRI category seat awarded in the second round for financial reasons.

Hailing from Kalagi village in Chitapur taluk of Kalaburagi district, the petitioner did not get a seat in the first round of council. However, he was given an NRI category seat in the second round at the Sapthagiri Institute of Medical Sciences, Bengaluru. At his request, the petitioner was allowed to vacate the seat on March 12.

Subsequently, he filed a representation with the Karnataka Examinations Authority (KEA) requesting the opportunity to participate in the sweep round. However, authorities rejected the performance, citing eligibility criteria and conditions contained in the information bulletin.

The Applicant argued that Rule 10(6) of the Screening of Candidates for Admission to Government Seats in Vocational Institutions in Karnataka Rules 2006 allows him to participate in the cleanup and any subsequent round of counseling , as he yielded the seat and not taken admission to the course.

Counsel for the respondent KEA argued that amended Rule 10 of the 2006 Rules provides that the Government may, by order, cancel and select seats under these Rules, for the reasons specified therein, the ballot information said – “applicants who have been awarded a medical seat in the first round (choice 1 and 2) or second round are not eligible to participate.

A divisional bench, headed by Judge Alok Aradhe, said the amended rules, coupled with the stipulations contained in the information bulletin issued by KEA, do not allow the student to participate in subsequent rounds.

“In the absence of a challenge to the newsletter, the same applies to the applicant. The petitioner was admittedly allocated a seat in the second round of the council. The stipulation contained in the information bulletin prohibits the applicant’s participation in subsequent counseling cycles,” the bench said.

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