BHAVYA NAITHANI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner originally through the writ petition sought a writ of mandamus to consider the candidature of the petitioner for being admitted in MD (Anaesthesia) Course at Chhatrapati Shahuji Maharaj Medical University, applying the method of extended counselling as well keeping in view the fact that the said seat was vacant and available after having been surrendered by a candidate who had been allotted the seat under the All India Quota. Through an amendment a further challenge has been raised to the resolution of the Counselling Board dated 29.6.2012.

(2.) The petition was entertained on 9.8.2012 on which date the learned Standing Counsel who had accepted notice for the State and the Motilal Nehru Medical College, Allahabad was called upon to obtain instructions. The Respondent No. 3 - University represented by Sri Anurag Khanna was also called upon to assist the Court. The petitioner has pointed out in paragraph 29 of the petition that several seats as reflected therein are vacant at Allahabad, Gorakhpur, Jhansi, Meerut and Kanpur Medical Colleges.

(3.) The matter was adjourned on a couple of occasions and on 22.8.2012 Sri M.P. Yadav Advocate put in appearance on behalf of the Director General, Medical Education who is the Chairman of the Counselling Board and sought adjournment for a day to enable him to assist the Court. Accordingly, the matter was adjourned for 23rd August, 2012 on which date after arguments were advanced a further adjournment was sought to enable the learned counsel for the Director General to clarify the position and also intimate the Court about the rules of counselling in this regard.