AlPG 2nd Councelling SC WP(Civil) No.157/2005 2005 04 15

ITEM NO.45 COURT NO.2 SECTION X




S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS




WRIT PETITION (CIVIL) NO(s). 157 OF 2005




AMIT GUPTA & ORS. Petitioner(s)


VERSUS


U.O.I. & ANR. Respondent(s)

(With appln. for stay)




Date: 15/04/2005 This Petition was called on for hearing today.




CORAM :

HON'BLE MR. JUSTICE Y.K. SABHARWAL

HON'BLE MR. JUSTICE P.P. NAOLEKAR




For Petitioner(s) Ms. Indu Malhotra, Adv.

Mr. Vikas Mehta, Adv.

Mr. Vikram Mehta, Adv.


For Respondent(s) Mr. Maninder Singh, Adv.

Mrs. Pratibha M. Singh, Adv.

Mr. Angad Mirdha, Adv.

Mr. Kirtiman Singh, Adv.


Mr. Mohan Parasaran, A.S.G.

Mrs. Sunita Sharma, Adv.

Mrs. Sushma Suri, Adv.


Mr. Dhruv Mehta, Adv.

Mr. Mohit Chaudhary, Adv.

Mr. Harshvardhan Jha, Adv.

for M/s. K.L.Mehta & Co., Advs.




UPON hearing counsel the Court made the following

O R D E R




Pursuant to the order dated 11th April, 2005, an affidavit has been filed by


Prof. Sanjay Shrivastava, Assistant Director General (ME), Directorate General of


Health Services, Government of India, along with which suggestions on behalf of the


Ministry and Medical Council of India have been submitted. Out of various


suggestions, insofar as admission to Postgraduate courses in this year is concerned, we




1


direct that for filling up of 239 remaining vacant postgraduate MD/MS degree and


Medical diploma seats, an additional list of 405 qualified candidates may be issued


which will mean increase of waiting list upto 40% from existing 25%. In regard to the


waiting list of 25%, counseling has already taken place between 3rd March, 2005 and 1st


April, 2005. The counseling for additional 405 seats shall be done expeditiously. We


approve the suggestion that it can be done after fifteen days of the declaration of that list


by the All India Institute of Medical Sciences. We direct the Institute to declare the list


within three days from today.


To consider other suggestions, including second round of counseling for


postgraduate medical and dental courses, particularly, having regard to the increase of


the all India quota from 25% to 50% and the suggestions to increase the waiting list


from existing 20% to 40% or more, the petition shall be listed for final disposal on a


non-miscellaneous day in August, 2005.


In view of the above, the restraint contained in the order dated 8th April, 2005


and continued by order dated 11th April, 2005 that the States shall fill seats of only their


50% quota and no more shall stand modified. The States are permitted to fill up the


seats reverted to them on account of seats of all India quota having fallen vacant on the


selected candidates having not joined the courses.


Insofar as the aforesaid 239 seats are concerned, only such of the seats would


revert to States which may still remain vacant after second counseling as above directed.


For proper understanding of the matter, this Court should have the details


about the number of seats from all India quota that stood reverted to States on the


selected candidates vacating the seats during this year. The State Governments are


directed to furnish that information to the Director General of Health Services by 15th


June, 2005. The DGHS shall file the said particulars in this Court along with an


affidavit by 15th July, 2005.





(N. Annapurna) (Phoolan Wati Arora)

Court Master Court Master





2