NAVEEN JAMVAL Vs. ARVIND KUMAR KENKANE

JUDGEMENT

(1.) G. P. Mathur, J. 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 appellants of Special Appeal No. 1282 of 1999, who were not parties to the writ petition, but felt aggrieved by the judgment and order of the learned single Judge moved an application for recalling of the judgment but the same was rejected with certain clarification on 11-11-1999. Special Appeal No. 1282 of 1999 has been filed by them challenging the main judgment and order dated 30-9-1999 of the learned single Judge and Special Appeal No. 1301 of 1999 has been filed challenging the order dated 11- 11-1999 passed on the recall application. THE Director General of Medical Education and Training, U. P. has also preferred Special Appeal No. 1374 of 1999 against the judgment and order dated 30-9-1999 by which the writ petition was disposed of.