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2022 DIGILAW 1881 (SC)

Rohit Choudhary v. State of Madhya Pradesh

2022-11-23

D.Y.CHANDRACHUD, HIMA KOHLI, J.B.PARDIWALA

body2022
ORDER 1. On mentioning, the matter is taken on Board. 2. The State of Madhya Pradesh commenced the State mop up round for admission to the post graduate medical courses on 6 November 2022 and declared the results on 17 November 2022. Contrary to the directions of this Court, the State mop up round was completed even before the All India Quota 1 ['AIQ'] mop up round results were declared on 19 November 2022. As a consequence of this, a piquant situation has arisen in which several candidates have blocked seats in both the State and AIQ rounds of counselling leaving meritorious candidates in the lurch. 3. Mr Saurabh Mishra, Additional Advocate General appearing on behalf of the State of Madhya Pradesh states that the State had proceeded to complete the State mop up round in view of the time schedule which was laid down in the order of this Court dated 21 October 2022 granting an extension of the schedule which has been prescribed in Ashish Ranjan and Others vs Union of India and Others, (2016) 11 SCC 225 . The explanation by the State government would not hold substance since there were clear directions both of the National Medical Commission as well as of this Court as recently on 11 November 2022 in Samreedhi Nath and Others vs Suresh Chandra Sharma and Others, Contempt Petition (C) Diary No 35224 of 2022 4. In order to resolve the situation, we had requested Ms Aishwarya Bhati, Additional Solicitor General who appears on behalf of the Directorate General of Health Services, Union of India to suggest a solution. 5. After having heard all the counsel, we are of the considered view that it would be necessary for the State of Madhya Pradesh to conduct the State mop up round of counselling afresh. This is necessitated because the AIQ mop up round has been completed on 19 November 2022. The results of the State mop up round would have to be notified on the basis of the position as it stands after the AIQ seats have been allotted. 6. This is necessitated because the AIQ mop up round has been completed on 19 November 2022. The results of the State mop up round would have to be notified on the basis of the position as it stands after the AIQ seats have been allotted. 6. Accordingly, in relation to the State of Madhya Pradesh, the following schedule shall be maintained: S. No. Schedule for Admission Central Counselling State Counselling All India Quota Deemed + Central Institute 1 Mop up round 31st October to 18th November 2022 31st October to 18th November 2022 18th November to 26th November 2022 2 Last date of joining 24th November 2022 24th November 2022 29th November 2022 3 Stray Vacancy 28th November to 29th November 2022 28th November to 29th November 2022 30th November to 2 nd December 2022 Forwarding the list of students in order of merit equaling to Ten times the number of vacant seat to the Medical Colleges by the Counselling Authority to the Deemed University for Stray Vacancy Round 27th November 2022 4 Last date of joining 2nd December 2022 2nd December 2022 2nd December 2022 7. The Petition is accordingly disposed of. 8. Pending applications, if any, stand disposed of.