MANISHA YADAV Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The petitioner before this Court had done her BAMS from Rishikul Ayurved University Campus, Haridwar. After completing her BAMS, she applied for Post-Graduation Medical Course in Uttarakhand Ayurved University, Dehradun and appeared in the competition examination in which she secured Internal Rank 9. In the First Counseling held on 06.10.2015, the petitioner was allotted M.D. (Dravyagun) stream. The Second Counseling was held on 28.10.2015 for filling up of two vacant seats of M.D./M.S. (Drvyagun) stream of Uttarakhand Ayurved University, Rishikul, Haridwar. Since there was no seat of M.D./M.S. (Shalya Tantra) stream available, therefore, the petitioner did not participate in the second counseling.

(2.) According to the respondents, however, on the same date i.e. 28.10.2015, one of the candidates, namely, Dr. Solani Bisht, who was allotted M.S. (Shalya Tantra), left her course and since one seat became vacant, it was allotted to private respondent No. 4 - Dr. Shafina Khatoon. The case of the petitioner before this Court is that this vacancy of M.S. (Shalya Tantra) was never advertised by the authority concerned. Had it been advertised, the petitioner would have opted for it and being higher in merit than the private respondent No. 4 - Dr. Shafina Khatoon, she was liable to be allotted M.S. (Shalya Tantra), instead of respondent No. 4, who is admittedly lower in merit.

(3.) On the other hand, the case of respondent No. 2 - Uttarakhand Ayurved University as well as respondent No. 3 - Director/Principal, Uttarakhand Ayurved University is that since the seat itself fell vacant on 28.10.2015 i.e. at the time when the second counseling was on way, it was not possible to advertise the vacancy, as per the instructions of Central Council of Indian Medicine (in short "CCIM") the last date on which all admissions be completed was 30.10.2015. Therefore, they had a deadline to consider.