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Ashish Shukla v. State Of U.P. Thru' Principal Secretary, Medical Health - WRIT - C No. 18227 of 2006  RD-AH 7178 (4 April 2006)
Court No. 7
Civil Misc. Writ Petition No. 18227 Of 2006
Ashish Shukla & Others Versus State of U.P. and others
Hon'ble Rakesh Tiwari, J.
Heard learned counsel for the parties and perused the record.
The petitioners have been declared successful in the U.P. Post-Graduate Medical Examination, 2006 held by Lala Lajpat Rai Memorial Medical College for admission to post-graduate courses in different post-graduate colleges in the State of U.P. conducting specialization courses of M.D./M.S./M.D.S./Post-Graduate Diploma.
The learned counsel for the petitioners has contended that counseling all over India by the States has been stopped in view of the order dated 17.3.2006 passed by the Director General of Health Services. The letter is addressed to the All Govt. Medical Dental Colleges requesting postponement of counseling for allotment of seats under All India Quota 2006 in All India Post-Graduate Entrance Examination 2006 which is as under: -
"Nirman Bhawan, New Delhi
All Govt. Medical Dental Colleges
Sub: All India PG Entrance Examination 2006 Postponement of counseling for the allotment of PG seats under All India Quota 2006.
I am directed to say, that the counseling for the allotment of MD/MS/Diploma & MDS Courses scots under 50% All India quota 2006/which was to be held from 3rd March onwards has been postponed and an interlocutory application has been filed before Hon'ble Supreme Court praying interlocutory relief for rescheduling the date of counseling both for All India & State quota seats based on the development/direction of Hon'ble Supreme Court in the said application.
Since the counseling process pertaining to state quota is linked with the All India quota as per the guidelines approved by the Hon'ble Supreme Court, it is therefore requested that counseling process to state quota seats may be taken up after receipt of further communication from this department.
Sd/- Dr. D.C.Kabi
For Director General (MR)"
The learned counsel for the petitioners has vehemently urged that the States all over India have postponed the counseling in pursuance of the aforesaid order.
Sri C.B.Yadav appearing for the State Government submits that in Writ Petition (C) No. 157/05, Amit Gupta Vs Union of India & others, before the Hon'ble Supreme Court a time schedule was attached to the affidavit whereby counseling for admission to the Post-graduate courses would be done for the All India Quota and the State quota. The Hon'ble Supreme Court taking note of the affidavit has passed the order dated 12.1.2006 as under:
"Heard both sides.
Learned counsel for the petitioners, by an interim measure prays that there should be a second counselling for the seats to be filled up in the All India Quota for Post- graduation (both Medical and Dental) education. Formerly, there was no second counseling for filling up the seats for the All India Quota. An affidavit dated 5.1.2006 has been filed by the Asst. Director, Directorate General of Health Sciences pursuant to the order passed by this Court on 30.09.2005. A time schedule has been attached to this affidavit whereby counseling for admission to the Post- graduate courses would be done for the All India Quota and the State quota. Counsel for the petitioners submits that the second counseling for allotment of seats for the All India quota should be done after the first counseling of the State quota is over. However, learned Addl. Solicitor General appearing on behalf of Union of India and also learned counsel for the Medical Council of India submit that this would upset the whole schedule as there would be delay in the matter of admission and the seats which were not filled up in the All India Quota could not be filled up in the State quota. We make it clear that in the All India Quota of 50% the authorities shall try to fill up 50% of the seats allotted in the All India Quota.
As an interim measure, the schedule given in the affidavit shall be followed for this year (2006-07) and this is without prejudice to the contentions raised by the parties on either side. The learned Addl. Solicitor General makes a submission that the second counselling for the All India quota also is not finally decided by the Union of India. However, there is a request from the student community that this should be done as an interim measure and the schedule given in the affidavit shall be followed for this year (2006-07) and the Medical Council of India shall make sufficient publication of the schedule and all the colleges involved in the admission of both All India quota and the State quota shall be informed of this revised schedule well in advance. The schedule may be notified by the Medical Council of India in the official Gazette and other print/electronic media.
After the admissions are over, the Union of India shall ` file an affidavit indicating the number of seats filled up in the All India Quota as well as in the State quota for the Post- graduate students.
Post in the first week of May, 2006."
Smt. Sadhana Upadhyaya, learned counsel for the petitioners, states that the aforesaid case was listed before the Hon'ble Supreme Court yesterday and an order has been passed by the Hon'ble Supreme Court that the State counseling would be done after the All India Medical counseling. However, that order is not made available by her to the Court but it is stated that the case is further listed for 13.4.2006.
In the circumstances, if any interim order is passed today the students cannot now be informed about the order, hence it would not be proper to pass any interim order at this stage as counselling is to start from tomorrow.
List this case for 18.4.2006.
In the meantime, counseling may be done which shall be subject to the decision of the writ petition and the result shall not be declared.
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