NAVEEN JAMVAL Vs. ARVIND KUMAR KANKANE

JUDGEMENT

(1.) All the three special appeals arise out of Writ Petition No. 41814 of 1999 filed by Dr. Arvind Kumar Kankane, and, therefore, they are being disposed of by a common order.

(2.) The controversy involved in the appeals relates to admission in Post Graduate courses in the State Medical Colleges. Under the current system, an entrance test is held and separate merit list of general and reserved category candidates is prepared. The candidates are then called for a counselling strictly according to their ranks in the merit list. They are shown the list of the seats which are available in different Medical Colleges. The candidate may opt for one of the available seats in which case the slot chosen by him gets closed for the candidates who are lower in rank. A candidate has the option not to opt for any seats, which is available at the time of the counselling, and in such a case he is kept in the waiting list. A candidate opting to remain in the waiting list is not considered again in that round of counselling. Sometimes the candidates after having opted for a seat do not join the course or leave the course within a short time. The seats left vacant after the first round of counselling and also such seats which have fallen vacant on account of non-joining or leaving of a candidate are determined. In order to fill in these vacant seats, a second round of counselling is held in which candidates lower in rank than the candidates who had been given opportunity in the first round of counselling and also those candidates who had opted for being kept in the waiting list are allowed to participate in order of their rank in the merit list. However, those candidates who had opted for a seat in the first round of counselling are not allowed to appear in the second counselling.

(3.) The writ petitioner Dr. Arvind Kumar Kankane appeared in U. P. Post Graduate Medical Entrance Examination, which was conducted by Medical College, Meerut, on 10.1,1999. The result of the said examination was published on 1.4.1999 in which the petitioner secured 179th rank. The appellants of Special Appeal No. 1282 of 1999. viz.. Dr. Naveen Jamval. Dr. Prakash Kumar Khaitan and Dr. Km. Sudha Yadav secured 86. 215 and 238 rank respectively. The writ petitioner wanted admission in Master of Surgery Course (M.S.) but by the time his turn came in the first counselling held on 17.8.1999. the seats in the said course had already been allotted to those candidates who had secured higher rank in the merit list. He. therefore, opted for admission to Doctor of Medicine Course (hereinafter referred to as M.D.) and was given admission in Medical College. Gorakhpur, where he joined on 24.8.1999. About a month thereafter, an advertisement was issued on behalf of Director General. Medical Education and Training. U. P., notifying that a second round of counselling would be held in Medical College, Meerut on 6th and 7th of October, 1999 and only such candidates who had not been allotted or had not opted for any seat in the first round of counselling would be allowed to participate. In view of the aforesaid condition, the petitioner was excluded from consideration in the second round of counselling. He then filed the writ petition praying that the condition which prohibits those candidates who had already been allotted seats in the first round of counselling from consideration in the second round of counselling be quashed and he may also be considered for allotment of seat in the second round of counselling according to his rank in the merit list.