AlPG 2nd Councelling SC WP(Civil) No.157/2005 2006 01 12

ITEM NO.1 COURT NO.3 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(s) for stay)
(FOR FINAL DISPOSAL)

Date: 12/01/2006 This Petition was called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE K.G. BALAKRISHNAN
HON'BLE MR. JUSTICE R.V. RAVEENDRAN

For Petitioner(s) Ms.Indu Malhotra, Adv.
Mr.Vikas Mehta,Adv.
Mr.Vikram Mehta, adv.

For Respondent(s)UOI Mr.Gopal Subramaniam, ASG
Ms.Sandhya Goswami, Adv.
Mrs.Sushma Suri, Adv.

For MCI Mr.Mariarputham, Adv.
Mr. Maninder Singh,Adv.
Ms.P.M.SIngh, Adv.
Mr.Sunil Fernades, Adv.
Mr.Saurabh Mishra, Adv.

Mr.Dhruv Mehta, Adv.
For M/S K.L. Mehta & Co. ,Advs

UPON hearing counsel the Court made the following
O R D E R

Heard both sides.

Learned counsel for the petitioners, by an interim measure prays that there should be a second counselling for the seats to be filled up in the All India Quota for Post-graduation (both Medical
and Dental) education. Formerly, there was no second counselling for filling up the seats for the All
India Quota. An affidavit dated 5.1.2006 has been filed by the Asst.Director, Directorate General of
Health Sciences pursuant to the order passed by this Court on 30.09.2005. A time schedule has been
attached to this affidavit whereby counselling for admission to the Post-graduate courses would be done
for the All India Quota and the State quota. Counsel for the petitioners submits that the second
counselling for allotment of seats for the All India quota should be done after the first counselling of the
State quota is over. However, learned Addl.Solicitor General appearing on behalf of Union of India
and also learned counsel for the Medical Council of India submit that this would upset the whole
schedule as there would be delay in the matter of admission and the seats which were not filled up in the
All India Quota could not be filled up in the State quota. We make it clear that in the All India Quota
of 50% the authorities shall try to fill up 50% of the seats allotted in the All India Quota.
As an interim measure, the schedule given in the affidavit shall be followed for this year
(2006-07) and this is without prejudice to the contentions raised by the parties on either side. The
learned Addl. Solicitor General makes a submission that the second counselling for the All India quota
also is not finally decided by the Union of India. However, there is a request from the student
community that this should be done as an interim measure and the schedule given in the affidavit shall
be followed for this year (2006-07) and the Medical Council of India shall make sufficient publication of
the schedule and all the colleges involved in the admission of both All India quota and the State quota
shall be informed of this revised schedule well in advance. The schedule may be notified by the Medical
Council of India in the official Gazette and other print/electronic media.
After the admissions are over, the Union of India shall file an affidavit indicating the
number of seats filled up in the All India Quota as well as in the State quota for the Post-graduate
students.

Post in the first week of May, 2006.

(G.V.Ramana) (Veera Verma)
Court Master Court Master