Vishal Mishra ,J. -
(1.) The present petition is being filed seeking admission in M.D. (Microbiology) Course in G.R. Medical College, Gwalior on the seats which were left vacant after the Mop Up round and the vacant seats were not included in the extended College Level counselling held on 26.8.2020 to 31.8.2020, despite of the specific direction given by this Court, Bench at Indore passed in W.P.No.11840/2020. It is argued that the total remaining vacant seats were directed to be included in the extended College Level Counselling which was held between 26.8.2020 to 31.8.2020, but the respondents have not included the aforesaid seats, therefore, the petitioner could not be selected, therefore, the present petition is being filed seeking the following reliefs:
"(i) This Hon'ble Court may kindly be pleased to allow this writ petition.
(ii) This Hon'ble Court may kindly be pleased to command to respondents no.1 and 2 to admit petitioner in M.D. (Microbiology) course in G.R. Medical College, Gwalior on the vacant seat in the academic session 2020-21.
(iii) Any other writ order or direction, which is found just, suitable and proper in favour of the petitioners, may kindly be issued; and;
(iv) Costs be awarded."
(2.) The brief facts necessary for the disposal of the petition are that the petitioner has passed his M.B.B.S. Examination in the year 1999 and completed his compulsory rotatory internship for 12 months on 15.11.2000. The petitioner is registered with State Medical Council and his registration number is MP3809. The petitioner appeared for Pre P.G. NEET 2020 for selection and admission in the Post Graduate Courses bearing Roll No.2066065362 and was declared qualified in the examination scoring 279 marks out of 1200. As per the cut off scores for the NEET PG 2020 the petitioner was not eligible for the first and the second round of the counselling. The aforesaid fact is not disputed. On 14.7.2020 the Government of India, Ministry of Health and Family Welfare issued a notice regarding lowering of cut off marks in General Category and the scores were revised for the eligibility upto 275 marks. The notice dated 14.7.2020 is Annexure P/3. On 18.7.2020 the respondent no.2 issued a list of eligible candidates for the Mop Up Round of State NEET PG (M.D/M.S/ Diploma) 2020 counselling. The petitioner's name appeared at S.No.2237. M.P. State Rank 2380. The petitioner has filled up the choices as reflected in Annexure P/6 on 21.7.2020 and opted for MD (Microbiology) and M.D. (Pharmacology) both in G.R. Medical College, Gwalior. On 4.7.2020 the respondent no.2 issued a notice for college level counselling against the stray vacancies and on 29.7.2020 the list for eligible candidates for CLC round was issued, wherein only 1590 candidates were shown eligible upto cut off marks 294 and the petitioner was excluded in this list to take part in the College level counselling, despite of the fact that he was eligible in Mop Up round counselling and was also eligible as per the lowering of the score by the Government of India. Admittedly the number of seats including one seat of M.D. (Physiology) in G.R. Medical College, Gwalior remained vacant after college level counselling, but the petitioner was not allowed arbitrarily and illegally. Before the last date of counselling on 30.7.2020, the petitioner made a representation to the respondent no.2, who is competent authority under Rule 18 of the Admission Rules, 2018 and requested to permit him to take part in College level counselling, but of no consequence. The petitioner was not allowed to take part in the counselling. The Hon'ble Supreme Court in the case of Ashish Ranjan and others Vs. Union of India and others, M.A.No.1282 of 2020 in Writ Petition (C) No.76 of 2015 had issued directions extending the date of counselling from 31.7.2020 to 31.8.2020 and in compliance of the order passed by the Hon'ble Supreme Court, the Medical Council of India also issued the public notice 30.7.2020 and 31.7.2020 notifying the pre PG NEET 2020 counselling date extended up to 31.8.2020. Copies of the order of the Hon'ble Supreme Court and MCI letters are Annexure P/13 and P/14. A writ petition was preferred before this Court, Bench at Indore bearing W.P.No.11840/2020 by one Dr. (Smt.) Jaya Patel, which was finally heard and decided by this Court on 25.8.2020 and in terms of the undertaking given by the State Authorities before the Court, one last round of counselling should include for all the remaining vacancies and the entire process was required to be completed prior to 31.8.2020. It is argued that in pursuance to the orders passed by this Court in the aforesaid writ petition, the respondent no.2 did not include the total number of vacant seats even in the extended college level counselling and the vacancies of Mop Up round i.e. M.D. (Pathology), M.D. (Microbiology) and M.D. (Pharmacology) were not included in the last counselling, which was held in terms of the directions issued by this Court. The petitioner has participated in the extended round of college level counselling and the name of the petitioner was shown at S.No.1629 of the list, but the fact remains that the petitioner took part in the counselling on 30.8.2020 and opted for M.D. (Physiology) as the seat of choice M.D. (Microbiology) was not shown in the vacant seat of extended CLC round. The petitioner has submitted a detailed representation to the respondent no.1 and 2 on 2.9.2020 by E-mail, but despite of the same no benefit was extended to the petitioner.
(3.) It is submitted that the State Government has framed the Rules for admission in Post-Graduate Medical Colleges known as M.P. Medical Education (Admission) Rules, 2018 and the amended Rules as notified by M.P. Gazette Notification on 19.6.2019 and in terms of the amended provisions Rule 12 (8) (ka) the seat opted by candidate in Mop Up round is not availed or resigned after joining shall not be included in college level counselling. It is argued that the aforesaid rule is confined only to College level counselling and the same will not be applicable for the further extended College Level Counselling as the extended College Level Counselling was held in terms of the directions given by this Court, wherein it was directed to include all the remaining vacant seats. It is argued that non-inclusion of the seats of Mop Up round in the extended College Level Counselling, the petitioner could not get M.D. seat in Microbiology subject of his choice and the seat is still lying vacant and the funds of the State Government are going wasted. It is argued that the directions issued by this Court Bench at Indore in the aforesaid writ petition in terms of the amended Rules 17 of the Admission Rules of 2019, but the respondents have not bothered to comply with the directions issued by this Court in letter and spirit and has not included all the vacant seats, therefore, the petitioner has suffered the loss. It is argued that on 8.3.2017 the State Government framed Madhya Pradesh Autonomous Medical and Dental Medical Post-Graduate Course (Degree/Diploma) Admission Rules, 2017 and in terms of the aforesaid Rules the upper age limit of male in service candidate for admission in Medical Colleges shall be 45 years on 1st January of admission year. The petitioner is having a last chance to get his admission in post graduate course and as he has completed 45 years of age on March, 2020. The petitioner will be debarred from getting the admission in Post Graduate Courses subsequently. It is argued that the seats are still lying vacant and the funds of the State Government will be wasted if the seat lies vacant, therefore, he has prayed for the relief that the respondent no.2 be directed to grant admission to the petitioner on vacant post of Microbiology. He has relied upon the judgment passed by the Hon'ble Supreme Court in the case of Ambesh Kumar Vs. Principal, L.L.R.M. Medical College Meerut , 1987 AIR(SC) 400 and has argued that in the above case the Hon'ble Supreme Court has directed the State to consider and to see that all the seats are filled up in all discipline and they are not left vacant inspite of large number of applications applying for admission in various disciplines. The State Government has to evolve such criteria of eligibility that all seats in the different M.D. M.S. Degree and Diploma courses are filled up. He has further relied upon the judgment passed by the Division Bench of this Court in the case of Anshu Dubey (Dr.) Vs. State of M.P. and others , 2007 2 JabLJ 78, wherein following the law laid down by the Hon'ble Supreme Court in the case of Mridul Dhar, the Division Bench has held that in view of the wrong committed by the State Government the candidate who was less meritorious candidate than the appellant were granted admission, therefore, has directed for consideration of the case of the petitioner in that case. It is argued that the petitioner is although entitled for the similar treatment.;