Supreme Court Order




WRIT PETITION ( C ) NO. 216 OF 2009

Smitha Nath..Petitioner
Union of India & Others..Respondents


The Application for impleadment is allowed.

Heard learned counsel for the parties.

On 13.1.2009, exam was conducted by AIIMS for 50% Post graduate medical seats for all government/municipal colleges in India (except for the government medical colleges in the States of Andhra Pradesh and Jammu and Kashmir). The First Round of Counseling for these seats ended on 16.3.2009, which was conduced by Director General of Health Services (DGHS). Thereafter, the States and Uts commenced their first round of counseling which was to be completed by 10.4.2009.

However, most States did not complete their first round of counseling in time. The 2nd Round of All India Counseling by DGHS was Conducted between 22.4.2009 and 8.5.2009. This, however, was incomplete since all the States/Uts did not report the correct number of All India Vacant Seats after the first round of State counseling in time.

We have persued the Order dated 2.5.2008 passed by this Court in the case of Dr. Amit Gupta and others vs. Union of India and others in I.A. No.17 of 2008 in W.P.(C ) No. 157 of 2005, where in similar circumstances this court had directed an extended 2nd Round of All India Counseling to fill Up those seats which could not be included in the Original 2nd Round of Counseling.

In such Circumstances, We direct that an extended 2nd Round of Counseling be conducted to fill up the seats which could not be filled up in the Original 2nd round of counseling due to incomplete information furnished by the States at the time whe the 2nd Round of Counseling was conducted. All the States and Uts shall abide by the following schedule for the extended 2nd Round of counseling.

27th May, 2009Counseling Schedule to be notified by DGHS
28th May, 2009All States must report updated number of vacancies resulting form non-joining, resigning and surrender of seats in All India Quota to the DGHS by 5 p.m. on 29th May, 2009
30th May, 2009Total number of vacancies to be notified by DGHS
31st May, 2009 to 08th June, 2009Extended 2nd round of counseling to be conducted by DGHS at Delhi Centre
13th June, 2009Students to join allotted college within 5 days of allotment (i.e) last date for students to join allotted collete is 13th June, 2009.
14th June, 2009Vacant All India Quota scats mat be deemed to be surrendered to the States on 14th June, 2009
20th June, 2009Final deadline for students to join allotted course, before this date all states should complete their 2nd Round of counseling.

We further direct that Counseling will be only in the Delhi Centre.

This order will be placed on the websites immediately. Copy of this order shall be given to all the parties today itself.

The write Petition is disposed of in the above terms.

NEW DELHI;……………………………………J.