KUAN, DISTRICT-PATNA Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HEALTH, GOVERNMENT OF INDIA, NEW DELHI

JUDGEMENT

(1.) HEARD Mr. Pushkar Narain Shahi for the petitioner, Mr. Sarvadeo Singh, learned Counsel for the Central Government for respondent nos. 1 to 3, and Mr. Binay Krishna Tripathi for respondent no. 4.

(2.) This writ petition has been preferred for a direction to respondent nos. 1 to 3 to admit her to the MBBS Course against the 15% quota of the Central Government in All India Pre -Medical/ Pre - Dental Entrance Examination, 2008. Respondent Nos. 1 to 3 have placed on record their counter affidavit as well as additional counter affidavit. The basic facts essential for the disposal of this writ petition are not in dispute and may be indicated. Respondent No. 4 issued advertisement for conducting the selection process for admission to Medical Colleges of different States on centralized basis. 15% of the total number of seats is reserved for allotment by the Central Government. A photocopy of the prospectus is marked Annexure -1 to the writ petition. The selection process was for admission to the Degree Course for MBBS, and Degree Course for Bachelor of Dental Surgery (BDS) Examination, and the last date for submission of application forms was 28.11.2007. The preliminary examination was scheduled to be held on 6.4.2008, and the final examination on 11.5.2008. The admission was for the academic year 2008 -2009. The petitioner is an applicant and belongs to the unreserved category, and stood at SI. No. 2841 of the merit list. The petitioner 'sfirst choice was MBBS Course, and did not get the same upto the second stage of counselling prescribed under the prospectus. She was, however, given a seat in the BDS Course in the Patna Dental College which she is currently pursuing. It appears that all the seats of the 15% quota of the Central Government were not filled up even after holding the second round of counselling which gave rise to Writ Petition (Civil) No. 375 of 2008 in the Supreme Court. The apex court noted in its order dated 28.8.2008 (Annexure -V), that a few of the Government Medical Colleges of different States had not provided the particulars to respondent no. 3 as a result of which some of the seats of the Central Government quota could not be filled up. The Supreme Court, therefore, directed the Director of Health Services to ensure receipt of informations from different colleges and admission within the time frame indicated therein. In order to expedite all the admissions at once, the Supreme Court directed to relay the information of the extended counselling over the website. The petitioner was not aware of the extended counselling and, therefore, could not be admitted. The net result is that a number of candidates of the Unreserved/General category, who stood lower in the merit list than the petitioner, have been admitted. One such list of the students admitted as per the extended counselling is set out at page 48 of the paper book, and is reproduced hereinbelow for the facility of quick reference: - From Sr. To Course College Time ot Rank Name Sex Status Course No. Code/Name Allotment Code UR - Gayatri BDS DMA/Nair DC, 10:49:14 1. F C 3304. Ganesh Mumbai PM MBBS UR - BDS 10:54:19 2. Erika Pahuja F C TN11/Thoothukudi 3306. DPO1 AM GMC, Thoothuk UR - BDS MBBS 10:56:20

(3.) NEHA Bharti F c 3307. DPO1 TN11/Thoothukudi GMC AM UR - Dilip Kumar MBBS 10:58:14