LAWS(DLH)-2002-9-107

VINEET SAGGAR Vs. DIRECTOR GENERAL HEALTH SERVICES

Decided On September 18, 2002
VINIT SAGGAR Appellant
V/S
DIRECTOR GENERAL HEALTH SERVICES Respondents

JUDGEMENT

(1.) By this common judgment, I would be disposing of CM.No.7709/02 in CW.No.3978/2002, titled Dr.Vineet Saggar and Others Vs. University of Delhi, seeking clarifications and directions as also the civil writ petition No.4911/2002 titled Dr.Chandra Shekhar and others Vs.University of Delhi and CW.No.5010/2002 titled Dr.Aditya Verma and Another Vs. University of Delhi, since questions requiring adjudication as also the reliefs sought are common and similar. , This judgment will also dispose of C.M.Nos.8089, 8129 & 8478/2002 moved by applicants /Doctors seeking impleadment end for directions to be permitted to participate in the counselling on 5th August, 2002. While the applicants /Doctors in C.M.Nos.8824,8825 and 8847/2002 oppose the plea of the petitioners for recounselling or being permitted to participate in the counselling on 8th August, 2002.

(2.) The petitioners/applicants, who are aspirants for admission to the post graduate medical courses, are aggrieved by the non- inclusion of the allegedly lapsed seats of the All India quota in the counselling held on 30.6.2002. Petitioners claim that they perforce under pressure had to opt for the available courses in the final counselling on 30.6.2002, without the inclusion of the lapsed seats of the All India quota. The petitioners in Cw.No.5010/2002 and Cw.No.4911/2002, seek directions that the lapsed seats of All India quota should be filled strictly in order of merit by offering them to all candidates including the petitioners and others, who participated in the final counselling on 30.6.2002, which is claimed to be illegal and vitiated. The submission of the petitioners is that by offering and permitting the lapsed seats to be filled up in the counselling held on 8.8.2002, only by those who had either not opted for any subject in the counselling of 30.6.2002 or had not been offered any subject, merit was being ignored and less meritorious candidates have been preferred over the petitioners and others, resulting in grave injustice.

(3.) For appreciation of the matter in controversy, the factual matrix may be briefly noted