SWAMINATHAN G Vs. ALL INDIA INSTITUTE OF MEDICAL

JUDGEMENT

(1.) W .P.(C) No. 5185/2012 is filed impugning Clause (ii) of the following clause: -

(2.) THE petitioner (in W.P.(C) No.5185/2012) herein had appeared in the Entrance Test held on 6 th May, 2012 and was in the result declared, ranked at no.62. He is desirous of admission into M. Ch. Neuro Surgery course. However in the July -2012 session, there was only one seat available for the said course and which was taken by one Dr. Kishore in the first round of counseling. The petitioner was admitted to MD/MS/MDS course in Opthamology. However, Dr. Kishore resigned from the M. Ch. Neuro Surgery seat before the commencement of the July - 2012 session. Notwithstanding the seat having fallen vacant, the same was not included in the open counseling held on 27 th July, 2012 for the reason of the clause aforesaid in the prospectus.

(3.) WE had, at the outset, on 24th August, 2012 when this petition (i.e. W.P.(C) No.5185/2012) first came up, enquired from the counsel for the respondent AIIMS appearing on advance notice as to why the petition be not allowed. The counsel for the respondent AIIMS contended that the academic session having begun, admissions ought not to be permitted in as much as it will lead to a chain reaction. It was further argued that the M.Ch. Neuro Surgery was not put to counseling in the open selection owing to the clause aforesaid and that others ahead of the petitioner in the merit list had not participated in the said open selection owing to the seat having been filled and not available in open selection, even if had been vacated as aforesaid. He thus contended that if at all a chance has to be given, it should be given to all desirous and not to the petitioner alone and the same would result in delays. It was further disclosed that another writ petition being W.P.(C) No.4788/2012 entailing the same question is pending before a learned Single Judge of this Court. We had accordingly directed W.P.(C) No. 4788/2012 to be also listed before us today, along with W.P.(C) No. 5185/2012.