MANISH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) PRESENT writ petition has been filed with the following prayers: -

(2.) MR . Puneet Yadav, learned counsel for petitioners submits that due to overlapping of schedule between Diplomat of National Board counselling and State quota counselling for allotment of seats in post graduate medical course, there is carry forward of seats from January to July session of the Diplomat of National Board (for short 'DNB'). According to petitioner, this is impermissible in law. In support of his submission, learned counsel for petitioners relies upon Supreme Court's judgment in Faiza Choudhary v. State of J&K, (2012) 10 SCC 149 wherein it has been held as under: -

(3.) ON the other hand, Dr. Rakesh Gosain, learned counsel for respondent no. 3 and Mr. Sumeet Pushkarna, learned counsel for respondent no. 1 submit that DNB conducts a biennial admission, that means, in the month of January and July. They state that no vacant seat is carried forward to the next year and, therefore, judgment of the Supreme Court in Faiza Choudhary v. State of J&K (supra) has no application. They further state that the intent of the present petition is to obtain a direction that National Board of Examination holds its counselling subsequent to All India and State counselling. Dr. Rakesh Gosain further states that as of today there is no vacant seat in the DNB except fifteen seats which are reserved.