LAWS(DLH)-2023-9-20

NITHYA NAIR Vs. UNION OF INDIA

Decided On September 11, 2023
Nithya Nair Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioners vide the instant writ petition are aggrieved by the publication of merit list by respondent no.2 i.e. Director General, Armed Forces Medical Services (hereinafter referred to as 'AFMS) with respect to Priority III candidates for the counselling process conducted by the said respondent. The petitioners are also praying for directions to respondent no.2 to prepare a fresh merit list, strictly in accordance with the merit of the candidates by including the petitioners herein, in terms of their respective All India Rank (hereinafter referred to as 'AIR') and to conduct a fresh round of counselling for Priority III candidates.

(2.) The facts of the instant case would indicate that the petitioners are medical doctors working in different government departments/organisations. All the petitioners had secured requisite AIR in the NEET- PG 2023 examination and are desirous of getting higher medical educational qualifications. Respondent no.2 conducted counselling for Post Graduate medical courses in various participating armed forces institutes under different priority categories.

(3.) On 26/7/2023, a public notice was published inviting applications for the Post Graduate medical courses by respondent no.2 and all the petitioners applied for their consideration for the same on the basis of their merit. According to the petitioners, on 10/8/2023, the merit list for Priority III candidates was published where none of the petitioners were included, instead, various candidates with lower ranks than those of the petitioners were included. The petitioners, therefore, made representations to respondent no.2 through email. Since their grievance remained unresolved, therefore, being left with no other option, they approached this court to ventilate their grievance.