(1.) ALL these writ petitions involved common question of facts and law. Therefore, they are heard together and disposed of by this common judgment.
(2.) ALL the petitioners have passed M.B.B.S. Examination in the year 1999 from the S.C.B. Medical College and Hospital, Cuttack, V.S.S. Medical College and Hospital, Burla and M.K.C.G. Medical College and Hospital, Berhampur. They are eligible to be admitted in the Post Graduate Course and accordingly, pursuant to the prospectus issued by the Government of Orissa in Health and Family Welfare Department for admission into P.G. Medical Course, 2002 in all the three Medical Colleges of the State, they submitted necessary applications and were found eligible to face written test. The results of the written test have been published and the petitioners' names find place in the merit list of direct candidates. The merit list, which was published in the News Paper in the month of October, 2002 lias been filed as Annexure -1. After they were selected in the written test and their names found place in the merit list, the candidates in S1. Nos. 1 to 150 were called for counselling, which commenced from 11th October, 2002. In the counseling some of the petitioners could take admission under the State Quota, whereas others could not get any opportunity to take admission under the State Quota. Subsequently, it was found that 13 seats in All India Quota had fallen vacant in different disciplines. The Prospectus does not indicate that any candidate who has given option for the State quota cannot take admission or change his subject even if seats in other quota or subject have fallen vacant subsequently. The petitioners attended the counselling and signed on the relevant documents in the counselling. It is claimed by some of the petitioners that since the subject of their choice was not available, they did not take admission. It is found that in V.S.S. Medical College and Hospital. Burla 5 seats from All India quota, 3 seats in S.C.B. Medical College and Hospital, Cuttack and 5 seats in M.K.C.G. Medical College and Hospital, Berhampur had fallen vacant. In the event any seat from the All India quota fell vacant, it would merge in the State quota, which is meant for the direct candidates. Accordingly, the petitioners who are claiming to be in the merit list of the direct candidates are entitled to avail the same. They have also claimed that the subjects of their choice should be given to them.
(3.) THE opposite parties have filed their counter by stating that the Counselling for Post Graduate (Medical) Selection. 2002 was scheduled to be held on 11.10.2002 from 10.00 A.M. onwards for the direct, candidates. The Selection Committee sought for clarification from opposite party No. 1 and the Additional Secretary to Government in the Department of Health and Family Welfare for filling up of the vacant posts under the All India quota. 2002. The Selection Committee received intimation at about 3.45 P.M. on that date not to fill up the vacant seats under 25% All India quota. Another letter was communicated to the Selection Committee, whereby they were instructed to fill up the vacant, seats of 25% except M.D. (Aneasthesiology), M.D. (Community Medicine) and M.D. (Psychiatry). The Selection Committee after thorough discussion in the matter decided that there was no scope to fill up those vacancies at the time of counselling because 35 students had already exercised their option to take admission by 5.00 P.M. on 1 1.10.2002 and many others had left the counselling center. Once again the Selection Committee assembled on 18.2.2002 in the S.C.B. Medical College and Hospital, Cuttack and decided that there should be no second round of counselling and accordingly, did not permit the petitioners to take admission into the P.G. Course.