SOORAJ VINAYAKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, after successfully completing MBBS, attended the National Eligibility -cum-Entrance Test- Post Graduate (NEET-PG) 2019, aspiring to obtain admission for a Post Graduate Course in Modern Medicine. The petitioner obtained rank No.50294 in the NEET PG and participated in the allotment process by exercising his options online, as evident from Ext.P2. After the first round counselling, petitioner was allotted to and got admission at the Yenepoya Medical College, Mangalore for MD (Preventive and Social Medicine/Community Medicine), which was his 10 th option. The petitioner joined at the Yenepoya Medical College and thereafter submitted option for upgradation to MD (Physical Medicine and Rehabilitation), an identical P.G. course at the Amrita Institute of Medical Sciences, Ernakulam [herein- after called 'AIMS'], which was his third option, the denial of admission to which, is the cause of action for this writ petition. The petitioner did not get allotment in the second round in accordance with the higher option exercised by him.

(2.) After the second round of admissions, the Mop Up (third) round commenced for filling up the remaining vacancies under All India Quota/Deemed/Central Universities. From the list of vacancies published at Ext.P5, the petitioner came to know that there was a vacancy at AIMS in MD (Physical Medicine and Rehabilitation); which obviously remained vacant even after the second allotment. Even though the petitioner was desirous of joining at the AIMS for MD, he was restrained from participating in the Mop Up round, since, going by the guidelines for admission, candidates who have already joined and taken admission in round two of All India Quota/Deemed/Central Universities are not eligible to participate in the Mop Up round. The writ petition is hence filed with a prayer to declare as illegal and arbitrary the condition that "the candidates who have already joined and taken admission in round two of All India Quota/Deemed/Central Universities will not be eligible to participate in the Mop Up round". The further prayer is for the issue of a writ of mandamus directing the respondents to permit the petitioner to participate in the Mop Up round for filling up the remaining vacancies in PG Medical Courses under Deemed Universities.

(3.) We heard the learned counsel for the petitioner, the learned Central Government Counsel and the learned counsel appearing for the fourth respondent. WP(C).No. 13793 of 2019