Andhra High Court - PG medical courses admission set aside

PG medical admissions: hearing begins

14/04/2005: HYDERABAD: The arguments in a batch of writ petitions pertaining to admissions to post-graduate medical courses began on Wednesday.

The full Bench, comprising Justice J. Chalameshwar, Justice Ghulam Mohammed and G. Raghuram, heard Noothi Ramamohana Rao, advocate, appearing for the petitioners throughout the day.

The petitioners are challenging the admission process adopted by the State Government this year. Gudipati Anantaram who secured top rank in the entrance examination had filed a separate petition bringing to the notice of the court that he was not given the seat of his choice in spite of his rank.

The arguments will continue on Friday.

Updated on 22/04/2005

PG medical courses admission set aside
HYDERABAD: A full Bench of the Andhra Pradesh High Court, comprising three judges, on Thursday set aside the admissions made to the Post-Graduate Medical Courses in the State for the academic year 2005-2006.

The Bench, comprising Justice J. Chalameswar, Justice Ghulam Mohammad and Justice G. Raghu Ram, was allowing a batch of writ petitions filed by various students complaining that the new method adopted by NTR University of Health Sciences as per the directions of the State Government was unconstitutional.

The case of Gudipati Anantha Ram, who got the first rank in the entrance examination but was not given the seat of his choice, was placed before the Bench.

The seats in various specialisations in all the colleges are to be filled as per ranks obtained in the entrance examination. Reservations are provided for locals and non- locals of each university area, SC, ST, BC classes, women, physically challenged and in-service doctors. This year 100-point roaster was prepared as done in employment sector and seat matrix was finalised.

The Bench, speaking through Justice Raghu Ram, declared that the seat matrix evolved by the authorities as per GO 44 was unconstitutional. The judge said that the Presidential order (which declares the local and non- local candidates and reservation to these categories) was violated. The methodology suffered from excessive reservation for locals beyond the presidential order.

In a 98-page judgment, the bench found fault with the authorities for clubbing various disciplines to calculate reservation.

AlPG 2nd Councelling SC WP(Civil) No.157/2005 Court orders quota seats in medical exam filled

By Indo-Asian News Service
New Delhi, April 15 (IANS) The Supreme Court Friday directed the Directorate General of Health Services (DGHS) to conduct a second round of counselling to fill the 239 vacant seats in post-graduate medical and dental courses under the 50 percent all India quota.

A bench of Justice Y.K. Sabharwal and Justice P.P. Naolekar passed the order on a petition by candidate Amit Gupta, who had alleged that some all India quota seats that could not be filled in the first counselling were being reverted to the states.

Accepting the suggestion given by Additional Solicitor General Mohan Parasaran and counsel Maninder Singh on behalf of the Medical Council of India, the bench asked the All India Institute of Medical Sciences (AIIMS) to come out with the admission list in three days.

AIIMS had conducted the all India medical entrance test.

The bench said that another 405 candidates would be called for the second round of counselling to fill the 239 vacant seats (of the total 2,700 seats in the all India quota) within 15 days.

If some seats remained vacant after the second counselling, these could be filled under the state quota, the bench said.

The court directed the states to make available to DGHS by June 15 the list of admissions made under the 50 per cent all India quota and the state quota.

The DGHS was directed to file a comprehensive affidavit giving details of the admission by July 15.

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

AlPG 2nd Councelling SC WP(Civil) No.157/2005 SC fiat on post-graduate medical admissions

IANS News

SC fiat on post-graduate medical admissions:-
New Delhi April 11,
2005 7:11:42 PM IST

New Delhi, April 11 : Seats reserved in post-graduate medical colleges for students who clear an all-India entrance examination will have to remain vacant if there aren't enough candidates, the Supreme Court ruled Monday.

Judges Y.K. Sabharwal and D.M. Dharmadhikari passed the interim order to ensure that the seats under the 50 percent all India quota did not revert to the states under any circumstances.

The bench made it clear that the states could not fill the 279 seats left vacant of the 2,700 under the all-India quota.

The order came on a petition by a candidate alleging that some all-India quota seats that could not be filled at the end of the counselling conducted by the Directorate General of Health Services (DGHS) were being reverted to the states.

The bench noted that of the 100,000 candidates who took the entrance test for 2,700 seats under the all-India quota, 3,376 were called for counselling.

In spite of this, 279 seats remained vacant since there were no takers for certain disciplines like anatomy and physiology.

The DGHS informed the court that following these vacancies, a communication was sent to the states permitting them to fill the vacancies themselves.

The bench also asked the centre and the Medical Council of India to suggest ways to ensure that all vacancies under the all-India quota were filled.

(IANS)
--------
By PTI

Asking authorities to evolve a strategy to maximise utilisation of the 50 per cent all India quota seats in post-graduate medical courses, the Supreme
Court Monday warned the states to strictly restrict admission of students to their quota seats only.

A bench comprising Justice YK Sabharwal and Justice DM Dharmadhikari asked the Director General of Health Services and Medical Council of India to evolve a strategy to maximise the utilisation of the all India quota seats.

It was alleged by a petition filed by a student Amit Gupta that the states were taking advantage of the reversion of All India Quota seats and admitting students in excess of the 50 per cent State quota in Government medical colleges.

The bench, which asking the DGHS and MCI to give its suggestions on Friday, said the interim order of the Court restraining the States from using the left over seats from the All India Quota would continue till further orders.

The Court was informed by DGHS that approximately one lakh students appeared for the test conducted by All India Institute of Medical Sciences (AIIMS) for the 2700 seats under the all India quota.

When it was said that only 3376 candidates were called for counselling and that 239 seats remained vacant, the Bench asked the authorities to consider whether they could broad-base their consideration by calling more students for the counselling instead of only 3376.

The court felt that it was in the interest of everybody to see that the all India quota seats do not revert to the States and also that no seat went waste.

AlPG 2nd Councelling SC WP(Civil) No.157/2005 2005 04 11

ITEM NO.64 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)


Date: 11/04/2005 This Petition was called on for hearing today.


CORAM :

HON'BLE MR. JUSTICE Y.K. SABHARWAL

HON'BLE MR. JUSTICE D.M. DHARMADHIKARI




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

Mr. Vikas 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. Bhavanishankar V. Gadnis, Adv.




UPON hearing counsel the Court made the following

O R D E R




The problem in this case is about reversion of all India quota seats in post-


graduate courses to State quota on non-filling of some of 50 per cent of seats in all India


quota. We have been informed that nearly one lakh doctors took the competitive


examination for 2700 post-graduate seats in all India quota, both for degree and


diploma courses. The doctors called for counselling for these seats were 3376 in number.


The counselling has taken place between 3rd March, 2005 and 1st April, 2005 in M.D.,


M.S. and P.G.Diploma (Medical stream). We have been further informed that 239 seats




1


have fallen vacant on account of this counselling. It cannot be doubted that every


possible attempt shall be made to give effect to the percentage of quota in letter and


spirit and, if necessary, the zone of consideration can be expanded. At the same time, it


also goes without saying that, to an extent possible, none of the seats shall go waste.


It has been brought to our notice that Director General of Health Services has


issued a circular that such of the all India quota seats which are not filled by 17th April,


2005, the same can be filled by the States under the State quota. We have, however,


directed in terms of order dated 8th April, 2005 that the States shall fill seats of only


their 50 per cent quota and no more. That was only an interim order which we continue


till we are able to decide this matter. We direct that the issue should be discussed by


respondents No.1 and 2 and suggested mode brought to the notice of this Court on the


next date of hearing, namely, 15th April, 2005.





(N. Annapurna) (Phoolan Wati Arora)

Court Master Court Master





2

AlPG 2nd Councelling SC WP(Civil) No.157/2005 2005 04 08

ITEM NO.46 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.157 OF 2005




AMIT GUPTA & ORS. Petitioner(s)


VERSUS


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


(With appln(s) for ex-Parte stay)




Date: 08/04/2005 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. Vikaram Mehta,Adv.




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

Ms. Pratibha M. Singh,Adv.

Mr. Angad Mirdha,Adv.

Mr. Saurabh Mishra,Adv.





UPON hearing counsel the Court made the following

O R D E R




List the petition on 11th April, 2005.


The respondents are directed to file their affidavits by 11th

April, 2005.


In the meanwhile, the States shall fill seats of only their fifty per

cent quota and no more.





[ T.I. Rajput ] [ Shelly Sengupta ]

Court Master Assistant Registrar

AlPG 2nd Councelling SC WP(Civil) No.157/2005 2005 04 05

W.P(C)No. 157 OF 2005
ITEM No.MM-6 Court No. 1 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.157/2005( For Preliminary Hearing )

AMIT GUPTA & ORS. Petitioner (s)

VERSUS

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


( With Appln(s). for ex-Parte stay )

Date : 05/04/2005 This Petition was called on for hearing today.

CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE Y.K. SABHARWAL
HON'BLE MR. JUSTICE G.P. MATHUR

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

For Respondent (s)


UPON being mentioned by the counsel the Court made the following
O R D E R
Taken on Board.
Issue notice returnable on 8th April, 2005.
Dasti service is permitted.
List on 8th April, 2005.

(Ajay Kr. Jain) (Radha R. Bhatia)
Court Master Court Master

Supreme Court SLP(C)No. 2229 OF 2005 050404

ITEM NO.20 COURT NO.3 SECTION XII




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

RECORD OF PROCEEDINGS




Petition(s) for Special Leave to Appeal (Civil) No(s).2229/2005


(From the judgement and order dated 23/12/2004 in WA No. 2091/2004 of the

HIGH COURT OF MADRAS)




SECRETARY TO GOVT., H.F.W.D. & ORS. Petitioner(s)


VERSUS


M. SATHYAPRIYA & ANR. Respondent(s)


(With prayer for interim relief and office report )




Date: 04/04/2005 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)

Mr. Subramonium Prasad,Adv.




For Respondent(s)





UPON hearing counsel the Court made the following

O R D E R




Issue fresh notice to respondent No.1. Dasti service, in addition, is permitted.





(N. Annapurna) (Naresh Kumar)

Court Master Court Master