JUDGMENT : W.P. (C) Nos. 43449 & 44690 of 2024 1. These writ petitions have been filed by two students who are desirous of prosecuting their MBBS studies in Amrutha School of Medicine. The parties are referred to in this judgment as they are described in W.P. (C) No. 43449/2024, for convenience. 2. The petitioner in W.P. (C) No. 43449/2024 is a student, who appeared in the NEET UG-2024 and qualified for online Medical Counselling. The petitioner stated that in spite of participating in the online medical counselling, the petitioner was not allotted a seat, despite availability of vacant seat. The petitioner asserted that leaving a medical seat unfilled violates the principles of equity fairness and natural justice, especially when medical seats are scarce natural resources. 3. When this writ petition came up for admission on 09.12.2024, it was submitted on behalf of the 3 rd respondent-Medical School that in the special stray round for filling up last of the vacancy, a student was allotted seat, but he did not turn up and informed that he is not interested to join. In the circumstances, this Court passed an interim order directing the respondents to admit the petitioner to the course forthwith, if the petitioner satisfied all other parameters. 4. The 4 th respondent who filed W.P. (C) No. 44690/2024 is also an aspirant to MBBS Course, who has appeared in the NEET UG-2024. She secured All India Rank of 334961 and 101254 rank in the category section. The 4 th respondent was allotted to the 3 rd respondent-School of Medicine, after counselling. Though the 4 th respondent paid fees and security deposit, the 3 rd respondent-School of Medicine did not admit the petitioner. Hence, the petitioner is before this Court. 5. Heard. 6. It is discernible from the arguments and pleadings that one seat of MBBS remained vacant in the 3 rd respondent-School of Medicine even after stray round allotment. This Court in W.P. (C) No. 43449/2024 passed an interim order on 09.12.2024 directing to admit the petitioner therein to the vacant seat. 7. On 20.12.2024, the Hon’ble Apex Court in Era Lucknow Medical College and Hospital v. The State of Uttar Pradesh and others , W.P. (C) No. 833/2024 extended the period of NEET UG admissions till 30.12.2024. This Court in W.P. (C) No. 43449/2024 passed an interim order on 09.12.2024 directing to admit the petitioner therein to the vacant seat. 7. On 20.12.2024, the Hon’ble Apex Court in Era Lucknow Medical College and Hospital v. The State of Uttar Pradesh and others , W.P. (C) No. 833/2024 extended the period of NEET UG admissions till 30.12.2024. Thereafter, the 4 th respondent was allotted the seat in the 3 rd respondent-School of Medicine, which seat was already filled up provisionally pursuant to the interim order of this Court. This allotment was made, obviously, without noting the interim order of this Court. 8. The counsel for the 4 th respondent has filed a Withdrawal Memo dated 09.01.2025 stating that the petitioner is not pressing W.P. (C) No. 44690/2024 and wants to withdraw the writ petition. 9. Even after four rounds of allotment, one medical seat in the 3 rd respondent-School of Medicine remained vacant. The 3 rd respondent issued a notice dated 19.11.2024 to conduct a Special Stray Vacancy Round for vacant seats. However, one MBBS seat in the 3 rd respondent-Medical School remained vacant. In the circumstances, the petitioner in W.P. (C) No. 43449/2024 approached this Court on 05.12.2024. Considering the afore facts, this Court passed an interim order on 09.12.2024 directing the respondents to admit the petitioner to the course forthwith. The Medical Counselling Committee was the 1 st respondent in the writ petition and was represented by the Deputy Solicitor General of India. 10. Subsequently, finding that seats are vacant in many other Medical Colleges, the Hon’ble Apex Court passed order dated 20.12.2024 in W.P. (C) No. 833/2024 holding that precious medical seats shall not go in waste. The Apex Court directed the Admission Authorities to hold a fresh stray /special counselling for the seats remaining vacant. Pursuant to the said order, it appears that the 1 st respondent-Medical Counselling Committee allotted the 4 th respondent to the 1 st respondent-School of Medicine and the 1 st respondent Medical School has admitted the petitioner subject to the final outcome of W.P. (C) No. 43449/2024. 11. It is to be noted that the Hon’ble Apex Court in paragraph 8 of the order dated 20.12.2024 has clarified that the stray/special admission process as ordered, should not disturb the admissions which are already finalised. 11. It is to be noted that the Hon’ble Apex Court in paragraph 8 of the order dated 20.12.2024 has clarified that the stray/special admission process as ordered, should not disturb the admissions which are already finalised. The petitioner in W.P. (C) No. 43449/2024 was already admitted to the vacant seat pursuant to the directions of this Court on 16.12.2024. 12. In the circumstances, the Medical Counselling Committee should not have made any allotment to the stray vacancy in the 1 st respondent-School of Medicine. This is especially so since the Medical Counselling Committee was a party to W.P. (C) No. 43449/2024. The allotment of the petitioner in W.P. (C) No. 44690/2024 is therefore legally unsustainable. 13. W.P. (C) No. 43449/2024 is therefore allowed. The admission granted to the petitioner in W.P. (C) No. 43449/2024 pursuant to the interim order dated 09.12.2024 of this Court should be treated as regular and the petitioner shall be permitted to pursue the course. W.P. (C) No. 44690/2024 is dismissed as not pressed.