High Court of Karnataka Dismisses Petition Seeking Restoration of MD Seat in Medical Education Admission Dispute. Petitioner's seat cancelled due to non-joining within stipulated time; court upholds cancellation as per counseling rules and finds no violation of principles of natural justice.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Prosecution

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2026-05-18 14:09:26

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Case Note & Summary

The petitioner, Dr. Rajesh Kumar D, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. He sought a writ of mandamus directing respondents No.2 (Directorate of Medical Education) and No.3 (Karnataka Examination Authority) to restore his seat in MD Respiratory Medicine at Rajiv Gandhi Institute of Respiratory and Chest Diseases, Bangalore, which he had secured in the first round of counseling. Additionally, he sought a writ of certiorari to quash the impugned communication/letter dated 25.02.2022 issued by the 2nd respondent, which cancelled his seat. The respondents included the State of Karnataka, Directorate of Medical Education, Karnataka Examination Authority, National Medical Commission, Sri Jayadeva Institute of Cardiovascular Sciences and Research, and others. The petitioner was represented by Smt. Akkamahadevi Hiremath, while the respondents were represented by various advocates. The court, comprising Chief Justice P.S. Dinesh Kumar and Justice T.G. Shivashankare Gowda, heard the matter and reserved it for order. The judgment was delivered on 22nd February 2024. The court examined the facts and found that the petitioner had secured the seat in the first round of counseling but failed to join within the stipulated time. As per the counseling rules, non-joining within the prescribed period leads to forfeiture of the seat. The court held that the cancellation was valid and in accordance with the rules. The petitioner's argument that principles of natural justice were violated was rejected because the rules clearly provided for automatic forfeiture. The court dismissed the petition, upholding the cancellation of the seat.

Headnote

A) Medical Education - Admission - Cancellation of Seat - Non-joining within stipulated time - Petitioner secured MD Respiratory Medicine seat in first round of counseling but failed to join within the prescribed period - Held that as per counseling rules, failure to join results in forfeiture of seat and no further claim - Court dismissed petition (Paras 1-10).

B) Constitutional Law - Writ of Mandamus - Restoration of Seat - Petitioner sought direction to restore seat - Held that writ of mandamus cannot be issued to compel restoration when petitioner failed to comply with rules - No legal right exists (Paras 1-10).

C) Constitutional Law - Writ of Certiorari - Quashing of Communication - Petitioner sought quashing of cancellation letter dated 25.02.2022 - Held that cancellation was in accordance with rules and no illegality - Petition dismissed (Paras 1-10).

Issue of Consideration

Whether the cancellation of the petitioner's MD seat for non-joining within the stipulated time was valid and whether the petitioner was entitled to restoration of the seat.

Final Decision

The writ petition is dismissed. The cancellation of the petitioner's seat is upheld.

Law Points

Principles of natural justice
Admission counseling rules
Mandamus
Certiorari
Medical education admissions

Case Details

2024 LawText (KAR) (02) 34

Writ Petition No.7951 of 2022 (EDN-RES)

2024-02-22

P.S. Dinesh Kumar, Chief Justice, T.G. Shivashankare Gowda, Justice

Smt. Akkamahadevi Hiremath (for petitioner), Shri. Sudev Hedge (for R1 & R2), Shri. N.K. Ramesh (for R3), Shri. N. Khetty (for R4), Shri. D.J. Rakshitha (for R5), Shri. S.B. Mukkannappa (for R6), R7 served

Dr. Rajesh Kumar D

State of Karnataka, Department of Medical Education; The Director, Directorate of Medical Education; Karnataka Examination Authority; National Medical Commission; Sri. Jayadeva Institute of Cardiovascular Sciences and Research; Pradeep Naik G; SDS Tuberculosis Research Center & Rajiv Gandhi University of Chest Diseases

Nature of Litigation

Writ petition challenging cancellation of MD seat in medical education admission.

Remedy Sought

Restoration of seat in MD Respiratory Medicine and quashing of cancellation letter.

Filing Reason

Petitioner's seat was cancelled for non-joining within stipulated time after first round of counseling.

Issues

Whether the cancellation of the petitioner's MD seat for non-joining within the stipulated time was valid? Whether the petitioner is entitled to restoration of the seat? Whether the impugned communication dated 25.02.2022 is liable to be quashed?

Submissions/Arguments

Petitioner argued that the cancellation was arbitrary and violated principles of natural justice. Respondents contended that the cancellation was as per counseling rules and no illegality.

Ratio Decidendi

As per counseling rules, failure to join within the stipulated time results in forfeiture of the seat. No writ of mandamus or certiorari can be issued to restore the seat or quash the cancellation when the petitioner failed to comply with the rules.

Judgment Excerpts

The petitioner secured the seat in the first round of counseling but failed to join within the stipulated time. As per the counseling rules, non-joining within the prescribed period leads to forfeiture of the seat. The cancellation was valid and in accordance with the rules.

Procedural History

The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The matter was heard and reserved for order on 22nd February 2024.