JUDGMENT : The petitioner seeks issuance of an appropriate writ/order and direction upon the respondent i.e. Central Institute of Psychiatry, Kanke through its Director, to grant her admission in the course of Doctor of Medicine, Psychiatry. 2. Learned counsel for the petitioner has submitted that petitioner had participated in NEET-2017 and she secured an All India rank of 8636 and was qualified for unreserved seats for All India Quota Seat/Counselling. That after the first round of counselling the petitioner was allotted the course of Diploma in Psychological Medicine at Central Institute of Psychiatry (for short 'CIP') and joined as a Junior Resident in the Diploma course on 9.5.2017. That the petitioner by letter dated 20.06.2017 informed the Director, CIP, Ranchi that seats under the SC/ST quota are lying vacant in the course of Doctor of Medicine. That the petitioner had appeared in the mop-up round held on 26.05.2017 and she was placed 2nd in the waiting list, therefore, she requested the Director of CIP to consider her for admission in the aforesaid vacant seat, as per Annexure-2. That on 5.7.2017 she again informed the Director of CIP that a seat under unreserved category has fallen vacant as one Dr. Darshan S. had resigned and she requested that her case be considered for the said vacancy. That in fact 4 seats are lying vacant under unreserved, OBC, SC and ST and the respondent/CIP is under the obligation to publish the said vacancy as the seats cannot be allowed to be remain vacant. The vacant should be filled up in accordance to the merit list. It is argued that since there is shortage of qualified professionals in the field of Psychiatry in our country hence, letting a seat remain vacant in the MD(Psychiatry) course despite willingness of the petitioner who is a deserving candidate will only be a loss to the medical fraternity and against the national interest. That there is no legal impediment for the respondent to advertise the said seat and fill up the vacancy as per the merit list. That there is no legal impediment for the respondent to advertise the said seat and fill up the vacancy as per the merit list. In support of the contention learned counsel has relied on the decisions of the Apex Court in the case of Priya Gupta vs. State of Chhattisgarh, reported in (2012) 7 SCC 433 and in the case of Bonnie Anna George vs. Medical Council of India, reported in (2014) 10 SCC 767 and submitted that in the aforesaid decision, the Apex Court has held that all vacant seats and dates of subsequent counselling should be periodically displayed on the website and vacancy should be made available to those who have cleared entrance examination and those who have already taken admission but want to change to opt for a better choice. 3. Despite service of notice none appeared on behalf of respondent hence, Mr. Rajesh Kumar, learned G.P.-V was appointed as amicus curiae to assist this Court in the matter. 4. Learned G.P.-V submits that there is no rule for internal migration, however, time limit for filling up the vacancy was 31.05.2017 but in view of the ratio laid down by the Apex Court in the aforesaid decision the respondent/Institute can always re-advertise the vacancy and fill up the seats on the basis of merit list. 5. Heard. In the case of Priya Gupta vs. State of Chhattisgarh (Supra) relied on by the learned counsel for the petitioner the Apex Court has observed as follows:- “46.7. If any seats remain vacant or are surrendered from all-India quota, they should positively be allotted and admission granted strictly as per the merit by 15th September of the relevant year and not by holding an extended counselling. The remaining time will be limited to the filing up of the vacant seats resulting from exceptional circumstances or surrender of seats. All candidates should join the academic courses by 30th September of the academic year. “46.8. No college may grant admissions without duly advertising the vacancies available and by publicising the same through the internet, newspaper, on the notice board of the respective feeder schools and colleges, etc. All candidates should join the academic courses by 30th September of the academic year. “46.8. No college may grant admissions without duly advertising the vacancies available and by publicising the same through the internet, newspaper, on the notice board of the respective feeder schools and colleges, etc. Every effort has to be made by all concerned to ensure that the admissions are given on merit and after due publicity and not in a manner which is ex facie arbitrary and casts the shadow of favouritism.” In the case of Bonnie Anna George vs. Medical Council of India (Supra) the Apex Court has observed as follows:- “24. The provision relating to filling up of vacant seats mandates that all vacant seats arising will have to be displayed periodically in the website as well as on the notice-board of the office of the Registrar though there will not be any individual communication to any candidate regarding the status of any vacant seat. The dates of the second and third counselling have also got to be intimated through website. Such vacant seats will be available for both the candidates who have cleared the entrance examination as well as those who have already taken admission in the second respondent Institute even if they were absent in the previous counselling. Insofar as the procedure relating to third counselling is concerned, it specifically provides that vacancies arising during the third counselling due to shifting of courses from already admitted candidates will be announced immediately and will be offered to the next meritorious candidate onwards..........” 6. Thus, in view of the aforesaid judicial pronouncement and the obtaining fact that the petitioner has filed the representation explaining her willingness to take admission in the course of Doctor of Medicine, Psychiatry, the Director, Central Institute of Psychiatry, Kanke, Ranchi is directed to follow the procedure as laid down by the Apex Court in the aforesaid decisions and fill up the vacancies as per merit by 30th September, 2017 as observed by the Apex Court. 7. With the aforesaid observation/direction the writ petition stands disposed off.