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2006 DIGILAW 38 (SC)

AMIT GUPTA v. Union Of India

2006-01-12

K.G.BALAKRISHNAN, R.V.RAVEENDRAN

body2006
ORDER 1. Heard both sides. 2. 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 Assistant Director, Directorate General of Health Sciences pursuant to the order passed by this Court on 30 - 9 - 2005. A time schedule has been attached to this affidavit whereby counselling for admission to the postgraduate 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 Additional Solicitor General appearing on behalf of the 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. 3. As an interim measure, the schedule given in the affidavit shall be a followed for this year (2006 - 2007) and this is without prejudice to the contentions raised by the parties on either side. The learned Additional 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 b this year (2006 - 2007) 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. 4. After the admissions are over, the Union of India shall file an affidavit C indicating the number of seats filled up in the all - India quota as well as in the State quota for the postgraduate students. 5. Post in the first week of May, 2006. Court Masters