Smitha Nath vs Union Of India & Ors

For Respondent(s) Mr. V.Shekhar, Sr. Adv. Mr. Aman Ahluwalia, Adv. Mr. Sudarshan Singh Rawat, Adv.for Mr. D.S.Mahra, Adv.

Mr. Manjit Singh, AAG Mr. Harikesh Singh, Adv. for Mr. Kamal Mohan Gupta, Adv.

Ms. Shomila Bakshi, Adv.for Ms. Kamini Jaiswal, Adv.

Ms. Niranjana Singh, Adv.

Mr. Ravindra K.Adsure, Adv. Mr. T.Harish Kumar, Adv.

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Mr. Gaurav Sharma, Adv. Mr. Sumeet Bhatia, Adv. Mr. Abhinav Mukherji, Adv.for Ms. Pratibha M. Singh, Adv.

Mr. Mohit Kumar Shah, Adv.for Mr. Gopal Singh, Adv.

Mr. Riku Sarma, Adv.for M/s. Corporate Law Group

Mr. B.B.Singh, Adv.

Ms. Hemantika Wahi, Adv.

Mr. Tara Chandra Sharma, Adv.

Ms. A.Subhashini, Adv.

Mr. A.P.Mayee, Adv.

Mr. V.G.Pragasam, Adv.

Dr. Manish Singhvi, AAG Mr. N.I.Suji, Adv.for Mr. Milind Kumar, Adv.

UPON hearing counsel the Court made the following ORDER

The Writ Petition is disposed of in terms of the signed order.

(Parveen Kr. Chawla) ( Indu Satija) Court Master Court Master

[Reportable Signed Order is placed on the File] REPORTABLE IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION(C) NO. 216 OF 2009

Smitha Nath ..Petitioner

versus

Union of India & Others ..Respondents

ORDER

The Application for impleadment is allowed.

Heard learned counsel for the parties.

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.

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

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Vacant Seats after the first round of State counseling in time.

We have persued the Order dated 2.5.2008 passed 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 seats which could not be included in the Original 2nd Round of

counseling.

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 Date Particulars

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.

We further direct that Counseling will be only in the Delhi Centre.

This order will be placed on the websites immediately. Copy of

this order shall be given to all the parties today itself.

The Writ Petition is disposed of in the above terms.

........................J. [MARKANDEY KATJU]

NEW DELHI; .........................J. MAY 26, 2009. [DEEPAK VERMA]