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AIPGME 2012 4th Counselling Case Verdict

July 26, 2012

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO.252 OF 2012

DR. ISHA KARWARSA …PETITIONER

VERSUS

UNION OF INDIA & ORS. …RESPONDENTS

WITH

I.A.Nos.1,5 & 7 and I.A. No…. in C.A. No.1944/1993

O R D E R

W.P.(C) No.252/2012:
We have heard learned counsel for the parties at length.
This writ petition has been filed by the petitioner seeking
a writ in the nature of mandamus directing the respondent States to report
correctly the vacant All India Quota seats after conducting their second
round of State Counseling. It was also prayed that the direction be issued
to the respondents to ensure that full effect is given to the All India
Quota for All India Post Graduate Medical and Dental Seats.

Ms. Indu Malhotra, learned Senior Counsel appearing for the
petitioner, has vehemently argued that the State counseling always follows
the counseling for All India quota of 50%. For the last seven years, the
States have deliberately been delaying in completing the second counseling
and not reporting correctly the seats available for the All India quota.
Consequently, the States, which are entitled only to 50% seats, are
actually taking away 70% of the seats as 20% of the seats belonging to the
All India quota have been lapsing to the States.

Mr. T.S. Doabia, learned Senior Counsel appearing for the
Union of India, has pointed out that on the basis of the order dated 23rd
March, 2012 passed in I.A. No.16 of 2012 in Civil Appeal No.1944 of 1993
and order dated 1st June, 2012 in I.A. Nos. 3-4 in I.A. No.16 in Civil
Appeal No.1944 of 1993, passed by this Court, the last date for filling up
the vacancies was 15th July, 2012. The counseling has been conducted in
accordance with the scheme now formulated by this Court, which is attached
with the counter affidavit filed on behalf of Directorate General of Health
Services filed on 11th July, 2012 at page 85 (Annexure R-1). According to
Mr. Doabia, the schedule provided in the aforesaid scheme, which has been
formulated by this Court in the aforesaid two orders, has been strictly
followed and the entire process has been completed.
In such circumstances, we are of the opinion that no relief
can be granted now to the petitioner in this case.
The writ petition is dismissed accordingly.

I.A. No.5/2012 in I.A. No.16 in C.A. No.1944/1993:
Mr. Doabia, learned senior counsel appearing on behalf of
the respondents has given an offer providing admission to the applicant
Pankila Mittal in the University College of Medical Sciences, New Delhi in
M.D. (Obst. & Gynae.) course. This offer is acceptable to the applicant.
The applicant is granted two weeks’ time to withdraw from the Government
Medical College at Baroda and take admission in the college mentioned
above.
In view of the above, this application is rendered
infructuous and the same is disposed of as such.

I.A. Nos.1, 7 & I.A. No…. in C.A. No.1944/1993
In view of the order passed today in the writ petition, all
these I.As. are disposed of.

…………………J (SURINDER SINGH NIJJAR)

…………………J (H.L. GOKHALE)

New Delhi;
July 17, 2012.

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