WP(C) No.189/2010

ITEM NO.37 COURT NO.3 SECTION X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 189 OF 2010

NAVAL ASIJA & ORS. Petitioner(s)

VERSUS

UNION OF & ORS. Respondent(s)

(With appln(s) for stay)

Date: 13/05/2010 This Petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE R.V. RAVEENDRAN HON'BLE MRS. JUSTICE GYAN SUDHA MISRA

For Petitioner(s) Ms. Indu Malhotra, Sr. Adv. Mr. Vikram Mehta, Adv. Mr. Vikas Mehta,Adv. Ms. Prerna Priyadarshini, Adv.

For Respondent(s) UOI Mr. Gopal Subramaniam, SG Mr. Aman Ahluwalia, Adv. Mr. D.S Mahra, Adv. Mr. Sudarshan Singh Rawat, Adv.

UT Ms. Kamini Jaiswal, Adv.

State of Ms. Niranjana Singh, Adv. Mr. Rajesh Pathak, Adv. Mr. B.B. Singh, Adv.

State of W.B. Mr. Tara Chandra Sharma, Adv. Ms. Neelam Sharma, Adv.

For MCI Mr. Abhinav Mukerji, Adv. Ms. Prathiba M. Singh, Adv. Mr. Gaurav Sharma, Adv. Mr. Nikhil Mehra, Adv. Ms. Surbhi Mehta, Adv.

State of Bihar Mr. Gopal Singh, Adv. Mr. Manish Kumar, Adv.

State of Mr. Gopal Singh, Adv. Mr. Rituraj Biswas, Adv.

State of U.P. Ms. Vimla Sinha, Adv. Ms. Niranjana Singh, Adv.

Govt of Pondicherry Mr. V.G. Pragasam, Adv. Mr. S.J. Aristotle, Adv. Mr. Prabu Ramasubramanian, Adv.

State of T.N. Mr. T. Harish Kumar, Adv. Mr. V. Vasudevan, Adv

State of M.P. Mr. Vikas Upadhyay, Adv. Mr. B.S. Banthia, Adv.

UPON hearing counsel the Court made the following

O R D E R

We have heard learned counsel for the petitioner, learned counsel for the MCI and counsel for some of the States. We have also heard the learned Solicitor General appearing for respondents 1 and 2.

We are informed that several States (as many as 14) have not completed the first round of counselling. We are also informed the second round of counselling for the All India quota, comes to an end today. After hearing learned counsel and having examined the facts and having considered the similar order passed during the previous years, we issue the following interim directions in regard to the schedule for extended second round of Post Graduate Counselling 2010 for All India quota:

Date Detail 20.5.2010 Time-scheduled to be hosted on the website by Directorate General of Health Services. 27.5.2010 All States must report updated number of vacancies resulting from non-joining, resigning and surrendering of seats in 'All India Quota' to the Directorate General of Health Services by 5 PM. 1.6.2010 Total number of vacancies to be notified by Directorate General of Health Services From 2.6.2010 Extended 2nd round of counseling to be conducted by Directorate to 12.6.2010 General of Health Services at counseling Venue only. 20.6.2010 The last date for the students to join allotted College. 21.6.2010 Vacant 'All India Quota' seats may be deemed to be surrendered to the States 30.6.2010 Final deadline for the students to join allotted course

We direct that the unfilled seats of All India quota which would be deemed to have lapsed in favour of the State Governments as at the end of the second counselling today, will not so lapse in favour of the State Government in view of the extended second round of counselling. To ensure that the entire extended second counselling is completed within the time schedule, the extended second counselling for the All India quota shall be held at Delhi. The State Governments shall adhere to the above time schedule particularly to the second item in regard to reporting of vacancies.

Liberty is reserved to the respondents 1 and 2 to file an application for introduction of a single window Scheme for the Post Graduate courses.

-sd- -sd- ( Ravi P. Verma ) ( M.S. Negi ) Court Master Court Master