7 months ago
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The enactment implicit allotment seats for MBBS and BDS courses successful the 3rd circular of counselling successful State remained unresolved with 2 judges successful a part seat of the High Court of Karnataka connected Wednesday delivering a divergent judgement implicit the correctness of the process adopted by the Karnataka Examinations Authority (KEA) successful allotting seats successful this circular of counselling.
Justice Jayant Banerji acceptable speech the provisional allotment database of 3rd circular announced by the KEA connected October 24, and directed the KEA to undertake the process of 3rd circular afresh strictly arsenic per the directions of the Supreme Court successful the lawsuit of State of UP Vs. Bhavna Tiwari. He directed the KEA to reason the 2 stages of the 3rd circular of counselling state last database of spot allotment oregon earlier December 2.
However, Justice K.V. Aravind, permitted the KEA to spell up based connected the provisional allotment database published connected October 24 and implicit this circular expeditiously and vie each remaining rounds of counselling by December 10.
Following a divergent view, the petitions, filed by immoderate of the candidates challenging the process of allotment successful the 3rd round, volition person to beryllium heard by a 3rd justice and till past the counselling process would stay halted.
The allotment to astir 900 MBBS seats, including vacant seats nether absorption quota, are connected clasp owed to pendency of the lawsuit the petition since October 26.
Divergent view
In his judgement, Justice Banerji said that the apex tribunal successful Bhavna Tiwari’s lawsuit had said that upgrade windows post-round 2 for admitted candidates to displacement to amended seats has to beryllium permitted without reopening counselling to caller entrants.
The caller registrations for the archetypal signifier of 3rd circular of counselling for the 443 caller seats could not person been made by KEA, Justice Banerji said, portion pointing retired that lone the admitted candidates station 2nd circular of counselling would beryllium entitled to enactment successful the archetypal signifier of the 3rd circular of counselling. Hence, the provisional spot allotment database of candidates of 3rd circular was contrary to the apex court’s directions, Justice Banerji said.
NMC regulations
Quoting Section 17 of the Graduate Medical Education Regulations (GMER), 2023, of the National Medical Commission (NMC), Justice Banerji said that recently added 443 seats successful immoderate aesculapian colleges could not person been considered for allotment successful the 3rd circular of counselling. He said these seats successful the 3rd circular gave emergence to complications successful considering students for allotment of seats.
However, Justice Aravind, successful his judgement, said that seats were accrued successful respective aesculapian colleges crossed the state erstwhile the counselling process was underway and admissions were made to specified seats crossed the country, including done the All India Quota (AIQ).
Hence, not allowing admittance to newly-added 443 seats successful the 3rd circular successful Karnataka would magnitude to discriminatory practice, said Justice Aravind portion besides pointing retired that the NMC itself has accrued intake successful respective colleges erstwhile the 2nd and the 3rd circular of counselling was nether mode and made disposable accrued seats for allotment done the ongoing counselling process crossed the country.
