DR. SMITHA NATH v. UNION OF INDIA & ORS.
vidhipandit.com/case/sc-2009-9-824-827
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Held
General of Health Services - States and Union Territories not completing their first round of counseling by Schedule time D - Resulting in non-~reporting correct number of All India vacant seats of DGHS -
DGH{: will notify counseling schedule .., "'· and· conduct extended second round of All India counseling - States and Union Territories to abide by the Schedule and to report updated number of vacancies to DGHS as per Schedule given by the Court. .. E CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 216 of 2009. + ~
Judgment
p. 824
-f
A ··(Writ Petition (Civil) No. 216 of 2009) MAY 26, 2009 B
Education:
c Admissions to Post..,Graduate medical seats .:... In -, '
Government/Municipal Colleges - All India Counseling - First round of All India Counseling conducted by Director .;/"
(Under Article 32 of the Constitution of India) F Mukul Rohatgi, Ms. lndu Malhotra, Vikram Mehta and Nupur Kanungo (for Vikas Mehta) for the Petitioner. I
V. Shekhar, Manjit Singh, AAG, Manish Singhvi, MG, Aman Ahluwalia, Sudarshan Singh Rawat (for D.S. Mahra) -~ I
G Harikesh Singh (for Kamal Mohan Gupta) Shomila Bakshi (for .. Kamini 'Jaiswal) Niranjana Singh, Ravindra K Adsure, T. Harish ~ Kumar, Gaurav Sharma, Sumeet Bhatia, Abhinav Mukherji (for Pratibha M. Singh) Mohit Kumar Shah (for Gopal Singh) Riku
H 824
SMITHA NATH v. UNION OF INDIA & ORS. 825
~ Sarrna (for Corporate Law Group) B.B. Singh, Hemantika Wahi, A Tara Chandra Sharma, Subhashini, A.P. Mayee, V.G. Pragasam and N.I. Suji (for Milind Kumar) for the Respondents.
The following Order of the Court was deliverec;I B ORDER
11. The Application for impleadment is allowed.
22. Heard learned counsel for the parties. c
33. On 13.1.2009, exam was conducted by AllMS for 50% post graduate medical seats for all government/municipal ~ colleges in India (except for the government medical Colleges in the States of Andhra Pradesh and Jammu and Kashmir). The First Round of Counseling for these seats ended on 16.3.2009, D which was conduced by Director General of Health Services ..... ~ (DGHS). Thereafter, the States and Uts commenced theirfirst round of counseling which was to be completed by 10.4.2009.
44. However, most States did not complete their first round of counseling in time. The 2nd Round of All India Counseling E by DGHS was conducted between 22.4.2009 and 8.5.2009. This, however, Was incomplete since all the States/UTs did not ~ report the correct number of All India Vacant Seats after the ,., first round of State counseling in time. F
55. We have persued the Order dated 2.5.2008 ~assed by this Court in the case of Dr.Amit Gupta and Others vs. Union of India and Others in I.A. No.17 of 2008 in W.P.(C) No.157 of 2005, where in similar circumstances this Court had directed an extended 2nd Round of All India Counseling to fill up those G --i. seats which could not be included in the Original 2nd Round of counseling.
66. In such circumstances, we direct that an extended 2nd Round of Counseling be conducted to fill up the seats which could not be filled up in the Original 2nd round of counseling H
p. 826
-J>. A due to incomplete information furnished by the States at the time when_the 2nd Round of Counseling was conducted. All the States and UTs shall abide by the following schedule for the extended 2nd Round of counseling.
B Date Particulms
27th May, 2009 Counseling Schedule to be notified by DGHS
28th May, 2009 All States must report updated c number of vacancies resulting ' from non-joining, resigning and surrender of seats in All India Quota to the DGHS by 5 p.m. on 29th May, 2009: "" D 30th May, 2009 Total number of vacancies to be ,_ notified by DGHS • Date Particulars
E _31st May, 2009 to Extended 2nd round,of 08th June, 2009 counseling to be conducted by DGHS at Delhi Centre _.,. 13th June, 2009 Students to join allotted college ~
F within 5 days of allotment (i.e.) last date for students to join allotted college is 13.th June, 2009.
14th June, 2009 Vacant All India Quota seats mat be deemed to be surrendered to G the States on 14th June, 2009 ~ '
20th June, 2009 Final deadline for students to.join allotted course. Before this date all States should complete their H 2nd Round of counseling.
SMITHA NATH v. UNION OF INDIA & ORS. 827
77. We further direct that Counseling will be only in the Delhi A Centre.
88. This order will be placed on the websites immediately. Copy of this order shall be given to all the parties today itself.
99. The Writ Petition is disposed of in the above terms. B
R.P. Writ Petition disposed of.
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