NAMAN KURIYAL Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The matter before this Court relates to admission in PostGraduate Medical Course in Uttarakhand. The petitioner before this Court was earlier granted admission after the mop up round on the last date of admission when stray seats were to be filled by the medical colleges. Petitioner secured admission in MS Surgery at the Himalayan Institute of Medical Sciences, Jollygrant, Dehradun.

(2.) The writ petition was filed today and on a mention made by the Mr. U.K. Uniyal, learned Senior Advocate for the petitioner, the records of the case were summoned and the Counsels for the parties have been heard at length.

(3.) Regarding the deletion of the name of the petitioner from the list of selected candidates for MS Surgery and inclusion of the name of the private respondent no. 7, the learned Senior Counsel for the petitioner Mr. U.K. Uniyal, would actually argue that this is a fall out of an order given by this Court earlier in a matter also relating to Post Graduate Medical Courses in Uttarakhand which is Writ Petition (M/S) No. 1495 of 2018, Jitesh Talwar v. State of Uttarakhand & Others, and another connected writ petition. The said order was passed on 29.5.2018 whereby it was directed by this Court that the counselling be done again on 30th and 31st May, 2018 calling applications from all eligible candidates as the Court was convinced that the one who had secured admission was less in merit to the ones who were denied admission. Apparently, this has happened for the reasons that the concerned medical college, in that case Sri Guru Ram Rai Medical Institute of Health Science, Dehradun, had declared the seat vacant at the last moment on the last date of admission, on 18.5.2018, at 5 pm when no other candidate except the candidate who had actually secured admission was having the knowledge that such seat is going to be vacant!