Supreme Court of India
Smitha Nath vs Union Of India & Ors on 26 May, 2009
Bench: Deepak Verma, Markandey Katju
ITEM NO.1 COURT NO.2 SECTION X
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
IA 1/2009 in WRIT PETITION (CIVIL) NO(s). 216 OF 2009
SMITHA NATH Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(for stay and office report)
Date: 26/05/2009 This Petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE MARKANDEY KATJU
HON'BLE MR. JUSTICE DEEPAK VERMA
[VACATION BENCH]
For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv.
Ms. Indu Malhotra,Sr. Adv.
Mr. Vikram Mehta, Adv.
Ms. Nupur Kanungo, Adv.for
Mr. Vikas Mehta,Adv.
For Respondent(s) Mr. V.Shekhar, Sr. Adv.
Mr. Aman Ahluwalia, Adv.
Mr. Sudarshan Singh Rawat, Adv.for
Mr. D.S.Mahra, Adv.
Mr. Manjit Singh, AAG
Mr. Harikesh Singh, Adv. for
Mr. Kamal Mohan Gupta, Adv.
Ms. Shomila Bakshi, Adv.for
Ms. Kamini Jaiswal, Adv.
Ms. Niranjana Singh, Adv.
Mr. Ravindra K.Adsure, Adv.
Mr. T.Harish Kumar, Adv.
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Mr. Gaurav Sharma, Adv.
Mr. Sumeet Bhatia, Adv.
Mr. Abhinav Mukherji, Adv.for
Ms. Pratibha M. Singh, Adv.
Mr. Mohit Kumar Shah, Adv.for
Mr. Gopal Singh, Adv.
Mr. Riku Sarma, Adv.for
M/s. Corporate Law Group
Mr. B.B.Singh, Adv.
Ms. Hemantika Wahi, Adv.
Mr. Tara Chandra Sharma, Adv.
Ms. A.Subhashini, Adv.
Mr. A.P.Mayee, Adv.
Mr. V.G.Pragasam, Adv.
Dr. Manish Singhvi, AAG
Mr. N.I.Suji, Adv.for
Mr. Milind Kumar, Adv.
UPON hearing counsel the Court made the following
ORDER
The Writ Petition is disposed of in terms of the signed order.
(Parveen Kr. Chawla) ( Indu Satija)
Court Master Court Master
[Reportable Signed Order is placed on the File] REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION(C) NO. 216 OF 2009 Smitha Nath ..Petitioner versus Union of India & Others ..Respondents ORDER The Application for impleadment is allowed. Heard learned counsel for the parties.
On 13.1.2009, exam was conducted by AIIMS for 50% post graduate medical seats for all government/municipal colleges in India (except for the government medical Colleges in the States of Andhra Pradesh and Jammu and Kashmir). The First Round of Counseling for these seats ended on 16.3.2009, which was conduced by Director General of Health Services (DGHS). Thereafter, the States and Uts commenced their first round of counseling which was to be completed by 10.4.2009.
However, most States did not complete their first round of counseling in time. The 2nd Round of All India Counseling by DGHS was conducted between 22.4.2009 and 8.5.2009. This, however, was incomplete since all the States/UTs did not report the correct number of All India -2- Vacant Seats after the first round of State counseling in time.
We have persued the Order dated 2.5.2008 passed by this Court in the case of Dr.Amit Gupta and Others vs. Union of India and Others in I.A. No.17 of 2008 in W.P.(C) No.157 of 2005, where in similar circumstances this Court had directed an extended 2nd Round of All India Counseling to fill up those seats which could not be included in the Original 2nd Round of counseling.
In such circumstances, we direct that an extended 2nd Round of Counseling be conducted to fill up the seats which could not be filled up in the Original 2nd round of counseling due to incomplete information furnished by the States at the time when the 2nd Round of Counseling was conducted. All the States and UTs shall abide by the following schedule for the extended 2nd Round of counseling.
Date Particulars 27th May, 2009 Counseling Schedule to be notified by DGHS 28th May, 2009 All States must report updated number of vacancies
resulting from non-joining, resigning and surrender of seats in All India Quota to the DGHS by 5 p.m. on 29th May, 2009.
30th May, 2009 Total number of vacancies to be notified by DGHS
Date Particulars
31st May, 2009 to Extended 2nd round of counseling to be conducted by 08th June, 2009 DGHS at Delhi Centre 13th June, 2009 Students to join allotted college within 5 days of allotment (i.e.) last date for students to join allotted college is 13th June, 2009.
14th June, 2009 Vacant All India Quota seats mat be deemed to be surrendered to the States on 14th June, 2009 20th June, 2009 Final deadline for students to join allotted course. Before this date all States should complete their 2nd Round of counseling.
We further direct that Counseling will be only in the Delhi Centre. This order will be placed on the websites immediately. Copy of this order shall be given to all the parties today itself.
The Writ Petition is disposed of in the above terms.
........................J. [MARKANDEY KATJU] NEW DELHI; .........................J. MAY 26, 2009. [DEEPAK VERMA]