MRIDUL DHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by two students who in the all India Competition had the ranking of 1721 and 1726 competing tor admission in medical colleges undei 1 W All India Medical Seat Quota This petition was filed on 10th July, 2004 apprehending that on account of inaction by the States for holding counselling tor medical college in the States, the vacant seats may get reverted to the States thereby depriving them to get admission in M B. B. S. course in any Government Medical College in the Country.

(2.) By order dated 19th July, 2004, this Court directed that the All India quota Seats shall not be surrendered in favour of the States. Various orders were passed with a view to get information from the States as to the All india Seats that may fall vacant after a candidate, after the first counselling of the State, may join the State college vacating the seat from All India 15% quota. It came to light that many of the States had not even completed the first counselling which, as per Notification dated 25th February, 2004 was required to be completed and admission too completed on that basis by 25th july, 2004. In this state of affair, on 9th August, 2004 this Court directed that in whichever State the first counselling of the State Quota Seats in Government medical College in the States is not complete, it shall positively be completed latest by 20th August, 2004 and latest by 21st August, 2004, the seats of All India 15% Quota that may become available, as a result of such counselling, shall be intimated to the Director General of Health Services. It was directed that 15% All India Seats Quota would not revert back to the state Quota till further orders, despite the fact that second counselling of All india Seats Quota may have already been over on 8th August, 2004. In fact there was a prayer for the stay of the second counselling of All India Quota seats but this Court did not make any order staying the second counselling as it would have had resulted in uncertainty and avoidable confusion in the mind of the number of students. The information which was required to be intimated in terms of the Order dated 9th August, 2004 was not completely supplied to the DGHS even up to 30th August, 2004. When the petition was taken up yesterday, i. e. 31 st August, 2004, Chief Secretaries of various States were personally made responsible to supply the information to DGHS by 9. 00 p. m. of 31 st August, 2004. From the statement filed in Court today by dghs, it seems that now the complete information has been filed by all the states.

(3.) The position that emerges from the said statement is that out of 1550 mbbs seats, 122 seats have fallen vacant and out of 144 seats in Dental colleges, 38 have fallen vacant. We may note that the statement shows 39 but Mr. Lalit, appearing for the State of Maharashtra explained that indavertently three seats have been shown to be vacant in Government Dental college, Mumbai though in fact the vacant seats are two.