Smitha Nath Vs. Union of India & Others
EmailAppeal: Writ Petition (C) No. 216 of 2009
(Under Article 32 of the Constitution of India)
(Under Article 32 of the Constitution of India)
Petitioner: Smitha Nath
Respondent: Union of India & Others
Apeal: Writ Petition (C) No. 216 of 2009
(Under Article 32 of the Constitution of India)
(Under Article 32 of the Constitution of India)
Judges: Markandey Katju & Deepak Verma, JJ.
Date of Judgment: May 26, 2009
Appearances:
Appearances
Mr. Mukul Rohatgi, Ms. Indu Malhotra, Senior Advocates, Mr. Vikram Mehta and Ms. Nupur Kanungo (for Mr. Vikas Mehta), Advocates with him for the Petitioner.
Mr. V. Shekhar, Senior Advocates, Mr. Manjit Singh, AAG, Mr. Manish Singhvi, AAG, Mr. Aman Ahluwalia, Mr. Sudarshan Singh Rawat (for Mr. D.S. Mahra), Mr. Harikesh Singh (for Mr. Kamal Mohan Gupta), Ms. Shomila Bakshi (for Ms. Kamini Jaiswal), Mr. Niranjana Singh, Mr. Ravindra K Adsure, Mr. T. Harish Kumar, Mr. Gaurav Sharma, Mr. Sumeet Bhatia, Mr. Abhinav Mukherji (for Ms. Pratibha M. Singh), Mr. Mohit Kumar Shah (for Mr. Gopal Singh), Mr. Riku Sarma (for M/s. Corporate Law Group), Mr. B.B. Singh, Ms. Hemantika Wahi, Mr. Tara Chandra Sharma, Ms. Subhashini, Mr. A.P. Mayee, Mr. V.G. Pragasam and Mr. N.I. Suji (for Mr. Milind Kumar), Advocates with them for the Respondents.
Mr. Mukul Rohatgi, Ms. Indu Malhotra, Senior Advocates, Mr. Vikram Mehta and Ms. Nupur Kanungo (for Mr. Vikas Mehta), Advocates with him for the Petitioner.
Mr. V. Shekhar, Senior Advocates, Mr. Manjit Singh, AAG, Mr. Manish Singhvi, AAG, Mr. Aman Ahluwalia, Mr. Sudarshan Singh Rawat (for Mr. D.S. Mahra), Mr. Harikesh Singh (for Mr. Kamal Mohan Gupta), Ms. Shomila Bakshi (for Ms. Kamini Jaiswal), Mr. Niranjana Singh, Mr. Ravindra K Adsure, Mr. T. Harish Kumar, Mr. Gaurav Sharma, Mr. Sumeet Bhatia, Mr. Abhinav Mukherji (for Ms. Pratibha M. Singh), Mr. Mohit Kumar Shah (for Mr. Gopal Singh), Mr. Riku Sarma (for M/s. Corporate Law Group), Mr. B.B. Singh, Ms. Hemantika Wahi, Mr. Tara Chandra Sharma, Ms. Subhashini, Mr. A.P. Mayee, Mr. V.G. Pragasam and Mr. N.I. Suji (for Mr. Milind Kumar), Advocates with them for the Respondents.
Head Note:
SERVICE & LABOUR LAWS
Post graduate medical seats – Most states unable to finish first round of counselling in time – Second round conducted between 22.4.2009 and 8.5.2009, not completed as number of all India vacant seats not reported in time after first round. Directions given for an extended second round of counselling.
Post graduate medical seats – Most states unable to finish first round of counselling in time – Second round conducted between 22.4.2009 and 8.5.2009, not completed as number of all India vacant seats not reported in time after first round. Directions given for an extended second round of counselling.
JUDGEMENT:
ORDER
1. The Application for impleadment is allowed.
2. Heard learned counsel for the parties.
3. On 13.1.2009, exam was conducted by AIIMS 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, which was conduced by Director General of Health Services (DGHS). Thereafter, the States and UTs commenced their first round of counseling which was to be completed by 10.4.2009.
4. However, most States did not complete their first round of counseling in time. The 2nd Round of All India Counseling 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.
5. We have perused the Order dated 2.5.2008 passed by this Court in the case of Dr.Amit Gupta and Others v. 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 seats which could not be included in the Original 2nd Round of counseling.
6. 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 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.
Date Particulars
27th May, 2009 Counseling Schedule to be notified by DGHS
28th May, 2009 All States must report updated 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.
30th May, 2009 Total number of vacancies to be notified by DGHS
31st May, 2009 to Extended 2nd round of counseling to be conducted by
08th June, 2009 DGHS at Delhi Centre
13th June, 2009 Students to join allotted college within 5 days of allotment
(i.e.) last date for students to join allotted college is 13th
June, 2009.
14th June, 2009 Vacant All India Quota seats mat be deemed to be
surrendered to 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 2nd Round of
counseling.
7. We further direct that Counseling will be only in the Delhi Centre.
8. This order will be placed on the websites immediately. Copy of this order shall be given to all the parties today itself.
9. The Writ Petition is disposed of in the above terms.
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1. The Application for impleadment is allowed.
2. Heard learned counsel for the parties.
3. On 13.1.2009, exam was conducted by AIIMS 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, which was conduced by Director General of Health Services (DGHS). Thereafter, the States and UTs commenced their first round of counseling which was to be completed by 10.4.2009.
4. However, most States did not complete their first round of counseling in time. The 2nd Round of All India Counseling 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.
5. We have perused the Order dated 2.5.2008 passed by this Court in the case of Dr.Amit Gupta and Others v. 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 seats which could not be included in the Original 2nd Round of counseling.
6. 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 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.
Date Particulars
27th May, 2009 Counseling Schedule to be notified by DGHS
28th May, 2009 All States must report updated 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.
30th May, 2009 Total number of vacancies to be notified by DGHS
31st May, 2009 to Extended 2nd round of counseling to be conducted by
08th June, 2009 DGHS at Delhi Centre
13th June, 2009 Students to join allotted college within 5 days of allotment
(i.e.) last date for students to join allotted college is 13th
June, 2009.
14th June, 2009 Vacant All India Quota seats mat be deemed to be
surrendered to 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 2nd Round of
counseling.
7. We further direct that Counseling will be only in the Delhi Centre.
8. This order will be placed on the websites immediately. Copy of this order shall be given to all the parties today itself.
9. The Writ Petition is disposed of in the above terms.
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