SHALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner appeared in All India Post Graduate Medical Entrance Examination, 2016 (AIPGMEE) and secured rank of 2058 in the All India 50% quota of MD/MS/ Post Graduate Diploma course, 2016 (hereinafter 'the PG Course') and rank of 57 in the State quota for non service candidates. The petitioner registered herself on online on 7 -4 -2016 within permissible time and deposited the registration fee. The PG Medical and Dental, Counselling Board, 2016 issued a notification on 10 -5 -2016 regarding off line state Medical and Dental PG allotment 2016. Thereunder the date of seat allotment (offline)(medical) for inservice candidates was 17 -5 -2016 by 9.00 AM and for non -service candidates as 18 -5 -2016 by 9.00 AM. Subsequently by another notification the date for seat allotment (offline)(medical) for inservice candidates was fixed as 17 and 19 -5 -2016 and for the non -service candidates as 18 and 20 -5 -2016. The petitioner, being a non service candidate was required to appear on 18 -5 -2016 in counselling for allotment of seat in the PG course.

(2.) Counsel for the petitioner submitted that as the petitioner suffered from acute gastroenteritis on 17 -5 -2016, she was admitted to the CSC Sampla Hospital and discharged on 19 -5 -2016. Therefore she could not appear for counselling, as she was required to on 18 -5 -2016, but appeared on 20 -5 -2016 and moved an application requesting the Principal -cum -Controller, the Counselling Committee to allow her to participate in the counselling scheduled on 20 -5 -2016. The counselling was however thereafter postponed to 30 -5 -2016.

(3.) The petitioner's case is that she be now allowed to participate in the counselling as non -service candidate against the State quota seat for admission to a PG course for which counselling is being held on 30 -5 -2016. Mr. S.K. Gupta, learned Additional Advocate General, being required by the court has appeared and submitted that in terms of the notification dated 26 -5 -2016 issued by the Chairman PG Medical/ Dental Admission Board the candidates already registered in the State Postgraduate Counselling 2016, who were not allotted any seat or those whose choice was not available would also be eligible for the continued second round of counselling. It has been submitted that in view of aforesaid notification dated 26 -5 -2016, the petitioner's candidature will be considered in the second round of counselling on 30 -5 -2016.