PARVATHY S. Vs. DIRECTOR GENERAL OF HEALTH SERVICES

JUDGEMENT

(1.) The Hon'ble Apex Court as per order dtd. 9/5/2022 directed that the mop up round for All India Quota shall be held for all the unfilled/stray/vacancies superspeciality seats subject to the condition that any Doctor, who has joined a seat under earlier round shall not be eligible for participating in the mop up round and that since the mop up round is being held, a suitable extension of time may be granted for completing the admission.

(2.) The petitioner is not a candidate who has joined a seat in the earlier round and therefore is qualified to participate in the mop up round. It so happened, a candidate who got admission to DM (Neurology) in the 3rd respondentGovernment Medical College, Kottayam resigned on 16/5/2022 and joined AIIMS, New Delhi. The said seat was not included in the mop up round as is evident from Ext.P6. This Court finds that in the ordinary course, going by the directions of the Apex Court, the said seat also ought to have been included in the mop up round. The learned Central Government Counsel opposed interim relief and pointed out that the petitioner has not exercised his option for the said seat. However, that cannot be a reason not to fill up a seat in a Super Speciality Course of DM (Neurology).

(3.) In the facts of the case, there will be an interim order directing respondents 1 and 2 to conduct a mop up counseling for the seat of DM (Neurology) available in the Government Medical College, Kottayam. It shall be done within a period of one week. This interim order will be provisional and subject to further orders of this Court.