Supreme Court - Daily Orders
Ashish Ranjan vs Union Of India . on 6 October, 2016
Bench: Dipak Misra, Uday Umesh Lalit
WP (C) No.76/2015
ITEM NO.5 COURT NO.4 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A.NOS. 9, 16, 17, 18, 19, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34,
35, 36, 37, 38, 39, 40, 41, 42 & I.A.NO. 2 IN I.A.NO.17 in Writ
Petition(s) (Civil) No(s).76/2015
ASHISH RANJAN & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(For appropriate orders/directions and directions and impleadment
and intervention and permission to file additional affidavit and
permission to file additional documents and recalling order dated
18.01.2016 and extension of time and office report)
WITH
W.P.(C) No. 667/2016
(With appln.(s) for stay and )
W.P.(C) No. 711/2016
(With appln.(s) for stay and Office Report)
W.P.(C) No. 652/2016
(With appln.(s) for directions and impleadment and permission to
file additional documents and permission to file additional
documents and directions and impleadment and directions and
impleadment and permission to file additional documents and
directions and impleadment and impleadment and directions and
impleadment and Office Report)
W.P.(C) No. 773/2016
(With appln.(s) for directions and Office Report)
W.P.(C) No. 772/2016
(With appln.(s) for directions and Office Report)
W.P.(C) No. 779/2016
(With appln.(s) for ex-parte stay and Office Report)
Signature Not Verified
Digitally signed by
GULSHAN KUMAR
ARORA
Date: 2016.10.08
W.P.(C) No. 782/2016
11:44:56 IST
Reason:
(With Office Report)
W.P.(C) No. 795/2016
(With (With appln.(s) for permission to file additional documents
WP (C) No.76/2015 2
and appln.(s) for directions and Office Report)
W.P.(C) No. 821/2016
(With appln.(s) for directions and Office Report)
Date : 06/10/2016 This application was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. Venkateswara Rao Anumolu, AOR
Mr. S. Ravi Shankar, AOR
Mr. Yamunah Nachiar, Adv.
Mr. Uday Holla, Sr. Adv.
Mr. Vasantha Krishna K., Adv.
Ms. Udita Singh, Adv.
Mr. Wasim A. Qadri, Adv.
Mr. Vivek Singh, Adv.
Mr. Zaid Ali, Adv.
Mr. Tamim Qadri, Adv.
Mr. Saurabh Chopra, Adv.
Mr. Lakshmi Raman Singh, AOR
Mr. Sachin Patil, Adv.
Mr. Vishwa Pal Singh, AOR
Mr. Rajesh P., AOR
Mr. C. Unnikrishnan, Adv.
Mr. C.U. Singh, Sr. Adv.
Mr. P.V. Dinesh, AOR
Mr. C.Unnikrishnan, Adv.
Ms. Sindhu T.P., Adv.
Mr. Rajednra Beniwala, Adv.
Mr. Bineesh K., Adv.
Ms. Arushi singh, Adv.
Mr. Deepak Anand, AOR
Mr. Rakesh K. Sharma, Adv.
Mr. Eashwar, Adv.
Mr. Iyengar Shubharanjani Ananth, AOR
Mr. Prashant Kumar, Adv.
Ms. Triveni Potekar, Adv.
Mr. Paurush Kumar, Adv.
Mr. Jatin Seth, Adv.
Mr. Anil Kumar Tandale, AOR
WP (C) No.76/2015 3
For Respondent(s) Mr. Rajesh P., AOR
Mr. P.V. Dinesh, AOR
Mr. Mohinder Jit Singh, AOR
Mr. Rana Khkherjee, Sr. Adv.
Ms. Diksha Rai, Adv.
Mr. Shuvodeep Roy, AOR
Mr. Harshad V. Hameed, AOR
Mr. Dileep Poolakkot, Adv.
Ms. Ashly Harshad, Adv.
Mr. Vinod Sharma, AOR
Mr. C.K. Sasi, AOR
Mr. M. Krishan G., Adv.
Mr. Vipin Kumar Jai, AOR
Mr. Manan Kumar Mishra, Sr. Adv.
Ms. Anjul Dwivedi, Adv.
Mr. Anjani Kumar Mishra, AOR
Mr. Romy Chacko, AOR
Mr. Kaushik Poddar, AOR
Mr. Vikas Mehta, AOR
Mr. Gaurav Sharma, AOR
Ms. Amandeep Kaur, Adv.
Mr. Prateek Bhatia, Adv.
Mr. Dhawal Mohan, Adv.
Ms. Vara Gaur, Adv.
Ms. Kriti Jindal, Adv.
Mr. Gopal Singh, AOR
Mr. Manish Kumar, Adv.
Ms. Sunita Sharma, AOR
Mr. Anip Sachthey, AOR
Mrs. Kirti Renu Mishra, AOR
Mr. Maninder Singh, ASG
Ms. Pinky Anand, ASG
Ms. Rekha Pandey, Adv.
Mr. R.S. Nagar, Adv.
Mr. Karan Seth, Adv.
WP (C) No.76/2015 4
Ms. Snidha Mehra, Adv.
Mr. R.R. Rajesh. Adv.
Mr. Ansh Singh, Adv.
Mr. R.K. Rathore, Adv.
Ms. Soumya Rathore, Adv.
Mr. Sridhar Rathore, Adv.
Mr. D. S. Mahra, AOR
Mr. Abhisth Kumar, AOR
Ms. Archana Singh, Adv.
Mr. Soumitra G. Chaudhuri, Adv.
Mr. Parijat Sinha, AOR
Dr. Monika Gusain, AOR
Mr. Franklin Caesar Thomas, Adv.
Mr. Chand Qureshi, Adv.
Mr. M.P. sieeiqui, Adv.
Mr. B. Balaji, AOR
Mr. Guntur Prabhakar, AOR
Mr. M. T. George, AOR
Mr. S. Udaya Kumar Sagar, AOR
Mr. Baskula Athik, Adv.
Mr. Aniruddha P. Mayee, AOR
Mr. A. Selvin Raja, Adv.
Mr. V. N. Raghupathy, AOR
Mr. Sangram S. Saron, Adv.
Mr. Shree Pal Singh, AOR
Mr. Tapesh Kumar Singh, AOR
Mr. Mohd. Waquas, Adv.
Ms. Hemantika Wahi, AOR
Mr. S.s. Shamshery, Adv.
Mr. Amit Sharma, Adv.
Mr. Prateek Yadav, Adv.
Mr. Ankit Raj, Adv.
Ms. Ruchi Kohli, AOR
Mr. R.K. Gupta, Adv.
Mr. M.K. singh, Adv.
Mr. B.P. Gupta, Adv.
Mr. A.K. Singh, Adv.
Mr. Shekhar Kumar, AOR
WP (C) No.76/2015 5
M/s Corporate Law Group, AOR
Mr. Rajesh Srivastava, AOR
Mr. Mahaling Pandarge Addl. Govt. Adv.
Mr. Nishant Ramakantrao Katneshwarkar, AOR
Mr. Sudarshan Rajan, AOR
Ms. Sharmila Upadhyay, AOR
Ms. Diksha Rai, AOR
Mr. Huzefa Ahmadi, Sr. Adv.
Mr. Ninad Laud, Adv.
Mr. Karan Mathur, Adv.
Mr. Jayant Mohan, AOR
Mr. Anjuman Tripathy, Adv.
Mr. Abhijat P. Medh, AOR
Mr. Mishra Saurabh, AOR
Mr. Yashraj Singh Deora, AOR
Ms. Asmita Singh, Adv.
Mr. V.G. Pragasam, Adv.
Mr. S. Prabu Ramasubramanian, Adv.
Mr. S.K. Pabbi, AAG
Ms. Disha Singh, Adv.
Mr. Shivendu Gaur, Adv.
Mr. Siddharth hatnagar, Adv.
Ms. Garima Tiwari, Adv.
Ms. Nidhi Gupta, AAG, Haryana.
Mr. Suryanarayana Singh, Sr.AAG
Ms. Pragati Neekhra, Adv.
Mr. Mahender Singh Rupal, Adv.
Mr. Vijay Hansaria, Sr. Adv.
Mr. Aseem Mehrotra, Adv.
Mr. Abhijit P., Adv.
Mr. Pradhuman Gohil, Adv.
Mr. Vikash Singh, Adv.
Ms. Taruna Singh Gohil, Adv.
Mr. Himanshu Chaubey, Adv.
WP (C) No.76/2015 6
UPON hearing the counsel the Court made the following
O R D E R
This Court on 13.10.2016 had passed an order with regard to All India Quota seats. The relevant part reads as follows :
“Ms. Pinky Anand, learned Additional Solicitor General appearing for the Union of India has filed a chart which is not complete. She will file a complete chart by 5 October, 2016.
th The other interlocutory applications as well as the other matters relating to the other States shall be listed on 6th October, 2016.
It is hereby directed that the seats which are reverted to the State quota and remain unfilled, shall not be filled up till then.” Ms. Pinky Anand, learned Additional Solicitor General for Union of India has filed a Chart which is as follows :
“GOVERNMENT OF INDIA MINISTRY OF HEALTH & FAMILY WELFARE DIRECTORATE GENERAL OF HEALTH SERVICES NIRMAN BHAWAN, NEW DELHI As per the Order of the Hon'ble Supreme Court of India dated 29/9/2016 and subsequent order dated 03/10/2016 in Writ Petition (C) No.652 of 2016 – Subhash Kumar & Ors. vs. UOI & Ors. The vacancy position of MBBS/BDS seats of 15% All India Quota – 2016 received from various States of the country after 30/09/2016:
Sl. States Number of Balance of
No. seats 15% AIQ
reverted seats
after 15% remaining
AIQ after state
counselling counselling
on on
23/09/2016 30/09/2016
1. Andaman & Nicobar 13 0 0 0
Islands
2. ASSAM 42 2 0 0
3. BIHAR 68 5 21 10
WP (C) No.76/2015 7
4. CHANDIGARH 5 0 0 0
5. CHHATTISGARH 45 12 0 0
6. DELHI (Delhi 10 0 0 0
University)
7. DELHI (IP 11 8 0 0
University)
8. GOA 12 6 0 0
9. GUJARAT 68 9 0 0
10. HARYANA 44 3 0 0
11. HIMACHAL PRADESH 28 8 0 0
12. JHARKHAND 24 0 3 0
13. KARNATAKA 100 13 8 0
14. KERALA 10 15 0 0
15. MADHYA PRADESH 60 4 0 0
16. MAHARASHTRA 166 35 41 27
17. MANIPUR 17 6 0 0
18. MEGHALAYA 6 0 0 0
19. ORISSA 31 7 1 0
20. PONDICHERRY 8 2 0 0
21. PUNJAB 33 12 0 0
22. RAJASTHAN 124 3 0 0
23. TAMIL NADU 82 12 1 0
*24. TRIPURA 12 0 12 0
25. UTTAR PRADESH 111 6 23 0
26. BHU Varanasi (UP) 4 5 0 3
27 UTTRAKHAND 36 0 0 0
28. WEST BENGAL 121 29 3 25
MBBS= 1291 MBBS= 113
TOTAL BDS= 202 BDS= 65
GRAND TOTAL 1493 178
* Note – Admission has been held up in view of the Hon'ble High Court of Tripura.” At this juncture, it is submitted by Mr. Gaurav Sharma, that this Court has granted extension of time to the States of Kerala, Karnataka, Madhya Pradesh and Uttar Pradesh to fill up their State Quota Seats. Needless to say, the State quota also includes the WP (C) No.76/2015 8 seats that have been reverted from All India Quota. The rest of the seats which find mention in the chart not belonging to the four States shall be filled up by the concerned States by adopting a transparent procedure, regard being had to the criteria followed for filling up All India Quota seats. We may hasten to clarify, the States shall not treat them as seats which have been reverted to the State quota from All India Quota but fill them up by taking the merits in All India Quota. Needles to say the whole thing shall be completed by 07.10.2016.
The order shall be put on the website by the DGHS and the competent authority of the Medical Council of India; and the DGHS shall inform the competent authorities of the States. Similar exercise shall be done by the States which are not covered by the extended period. No individual notice shall be given. Be it clarified our order shall only be applicable to Government colleges with respect to All India quota.
I.A. No.36 & 37 in WP No.76 of 2015 Heard Mr. Huzefa A. Ahmadi, learned senior counsel for the applicants and Mr. Siddharth Bhatnagar, learned counsel for the State of Goa.
Having heard learned counsel for the parties, we are of the considered opinion that the remaining four seats shall be filled up by adopting the method that was adopted by the State for filling up 85% seats. As other seats have been filled up by taking into consideration NEET merits, their admission shall not be disturbed. The counselling for the remaining four seats shall be completed by 7.10.2016.
The I.As. Stand disposed of.
Writ Petition No.795 of 2016Mr. Prashant Kumar, learned counsel for the petitioners seeks WP (C) No.76/2015 9 leave of this Court to withdraw the writ petition.
The writ petition is dismissed as withdrawn.
I.A. No.28, 29 and I.A. No.... D.No. 76295/2016 in WP No.76 of 2015 List the I.As. on 07.10.2016.
No other arguments shall be entertained with regard to any other I.A. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master