AlPG 2nd Councelling SC WP(Civil) No.157/2005 2005 04 11

ITEM NO.64 COURT NO.3 SECTION X




S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS




WRIT PETITION (CIVIL) NO(s). 157 OF 2005




AMIT GUPTA & ORS. Petitioner(s)


VERSUS


U.O.I. & ANR. Respondent(s)


(With appln(s) for stay)


Date: 11/04/2005 This Petition was called on for hearing today.


CORAM :

HON'BLE MR. JUSTICE Y.K. SABHARWAL

HON'BLE MR. JUSTICE D.M. DHARMADHIKARI




For Petitioner(s) Ms. Indu Malhotra, Adv.

Mr. Vikas Mehta, Adv.




For Respondent(s) Mr. Maninder Singh, Adv.

Mrs. Pratibha M. Singh, Adv.

Mr. Angad Mirdha, Adv.

Mr. Kirtiman Singh, Adv.


Mr. Mohan Parasaran, A.S.G.

Mrs. Sunita Sharma, Adv.

Mrs. Sushma Suri, Adv.


Mr. Bhavanishankar V. Gadnis, Adv.




UPON hearing counsel the Court made the following

O R D E R




The problem in this case is about reversion of all India quota seats in post-


graduate courses to State quota on non-filling of some of 50 per cent of seats in all India


quota. We have been informed that nearly one lakh doctors took the competitive


examination for 2700 post-graduate seats in all India quota, both for degree and


diploma courses. The doctors called for counselling for these seats were 3376 in number.


The counselling has taken place between 3rd March, 2005 and 1st April, 2005 in M.D.,


M.S. and P.G.Diploma (Medical stream). We have been further informed that 239 seats




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have fallen vacant on account of this counselling. It cannot be doubted that every


possible attempt shall be made to give effect to the percentage of quota in letter and


spirit and, if necessary, the zone of consideration can be expanded. At the same time, it


also goes without saying that, to an extent possible, none of the seats shall go waste.


It has been brought to our notice that Director General of Health Services has


issued a circular that such of the all India quota seats which are not filled by 17th April,


2005, the same can be filled by the States under the State quota. We have, however,


directed in terms of order dated 8th April, 2005 that the States shall fill seats of only


their 50 per cent quota and no more. That was only an interim order which we continue


till we are able to decide this matter. We direct that the issue should be discussed by


respondents No.1 and 2 and suggested mode brought to the notice of this Court on the


next date of hearing, namely, 15th April, 2005.





(N. Annapurna) (Phoolan Wati Arora)

Court Master Court Master





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