Delhi High Court - Orders
Santosh Trust & Anr vs National Medical Commission & Ors on 27 October, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13435/2022
SANTOSH TRUST & ANR. ..... Petitioners
Through: Mr. Vikas Singh and Mr. Saurabh
Kirpal, Senior Advocates with Mr.
Atul Sharma, Mr. Abhishek Singh
and Ms. Kanika Mittal, Advocates.
versus
NATIONAL MEDICAL COMMISSION & ORS. ..... Respondents
Through: Mr. T. Singhdev, Mr. Bhanu Gulati,
Mr. Abhijit Chakravarty, Ms.
Michelle B. Das and Ms. Ramanpreet
Kaur, Advocates for R-1.
Ms. Monika Arora, CGSC with Mr.
Shivam Raghuwanshi and Mr. Yash
Tyagi, Advocates for UOI.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 27.10.2022 CM APPL. 46117/2022(u/S 151 of the Code of Civil Procedure, 1908 on behalf of Petitioners seeking issuance of appropriate directions to Respondents)
1. The instant writ petition was disposed of vide judgment dated 13th October, 2022 giving certain directions to Respondents.
2. In compliance, Petitioner-College furnished requisite information to Respondents, on consideration whereof, Respondent No. 1/ NMC issued Letter of Permission [Annexure A/5 (Colly)], on 19th October, 2022, for increase of additional three seats in MS (Ophthalmology), three seats in MS (Otorhinolaryngology) and one seat in MD (Respiratory Medicine). On the Signature Not Verified Digitally Signed W.P.(C) 13435/2022 Page 1 of 3 By:SAPNA SETHI Signing Date:27.10.2022 17:37:15 same date, Petitioners requested Medical Counselling Committee, Director General of Health Services (DGHS), Government of India/ Respondent No. 3, to include the additional PG seats of Petitioner-College in the seat matrix of Respondent No. 3 in the ongoing second round of counselling. Despite the said request, no steps have been taken till date, which constrains Petitioner-College to file the instant application.
3. Issue notice. Mr. T. Singhdev, Advocate, accepts notice on behalf of Respondents No. 1 and 2. Ms. Monika Arora, CGSC, accepts notice on behalf of Respondent No. 3.
4. Ms. Monika Arora, CGSC for Union of India, states that the second round of counselling got over on 17th October, 2022 and results were announced on 18th October, 2022. Ms. Arora further states that additional seats of Petitioner-College cannot be added in seat matrix in light of the decision of Supreme Court in W.P (C) No. 174 of 2022 titled Anjana Chari S N v. Medical Counselling Committee (MCC) and Ors. dated 30th March, 2022.
5. Mr. Vikas Singh as well as Mr. Saurabh Kripal, Senior Advocates for Petitioner-College, jointly controvert the above and state that according to their instructions, second round of counselling is on-going, and cite a notification dated 25th October 2022 issued by DGHS which extends the deadline of second round of counselling to 28th October, 2022 till 5 pm.
6. The Court has considered the aforenoted submissions. Petitioner- College has the requisite Letters of Permission in its favour and therefore, is entitled to have additional seats included in ongoing counselling. In the opinion of the Court, order relied upon by Ms. Arora does not prevent inclusion of such seats. Additionally, it must be noted that subsequent to the Signature Not Verified Digitally Signed W.P.(C) 13435/2022 Page 2 of 3 By:SAPNA SETHI Signing Date:27.10.2022 17:37:15 said decision, on the following date, i.e., 31st March, 2022, in the same petition, the Supreme Court passed an order giving directions to facilitate completion of counselling process for NEET-PG 2021-22 by cancelling All India Quota Mop Up Round of counselling.
7. In the opinion of the Court, the instant case is distinguishable from the case cited by Ms. Arora, wherein, the 146 seats which fell for allocation pertained to Government colleges. Whereas, in the instant case, the seats are in respect of Petitioner-College which is a private college. No other cogent reason is given for non-compliance with the direction issued by this Court.
8. Accordingly, the present application is disposed of with following directions:
(i) Respondent No. 3 shall include additional seats of Petitioner-College in the seat matrix of Respondent No. 3 in terms of Letters of Permission dated 19th October, 2022 in the ongoing counselling rounds.
(ii) In order to facilitate inclusion of the above, DGHS shall issue a fresh notice within 24 hours from the passing of this order, for candidates who have not been allotted seats or have not joined in the second round of counselling.
(iii) Within 48 hours of the cut-off for receipt of options provided in the notice, DGHS shall complete the process and grant admissions.
9. With the above directions, the present application is disposed of.
10. A copy of this order be given dasti under the signatures of learned Court Master.
SANJEEV NARULA, J OCTOBER 27, 2022/d.negi Signature Not Verified Digitally Signed W.P.(C) 13435/2022 Page 3 of 3 By:SAPNA SETHI Signing Date:27.10.2022 17:37:15