SHIVANI DHAKA Vs. UNION OF INDIA

JUDGEMENT

(1.) This letters patent appeal (LPA) arises out of the judgment dtd. 11/10/2023, passed by the learned Single Judge of this Court, in W.P. (C) 13322/2023 [hereinafter 'impugned judgment"]. In the writ petition, the Appellant contested the methodology employed in the allotment of specific seats during the admission process for postgraduate courses at Armed Forces Medical Services (AFMS) institutions. The crux of the dispute centred on the decision by Respondent No. 2"Director General, Armed Forces Medical Service ["DGAFMS"] 'to directly allocate ten additional DNB seats at Base Hospital, New Delhi, during the counselling for "Priority-V" category candidates. These seats, it is crucial to note, were not made available in the preceding counselling rounds for candidates in the higher "Priority" categories, namely Priority-I through IV. The learned Single Judge, however, recognized that reintroducing said seats to candidates from earlier stages would potentially trigger a perpetual cycle of counselling, an outcome deemed impractical. Acknowledging this, the learned Single Judge opted not to intervene in the counselling procedure. The Appellant's challenge, therefore, is narrowly tailored to address the propriety of the allocation process concerning these additional seats, questioning both transparency and equity of the said process. FACTS AND PETITIONER"S CONTENTIONS

(2.) The brief facts of the case as laid out in the petition and submissions advanced by learned counsel for Appellant, are as under:

(3.) Having considered the aforenoted contentions, it is imperative that we first delineate the context concerning the 10 additional seats that are central to the current dispute, before delving into our analysis.