CHHAVIMEHROTRA Vs. DIRECTOR GENERAL HEALTH SERVICES
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
DIRECTOR GENERAL HEALTH SERVICES
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(1.)The petitioner filed this writ petition under Article 32 of the constitution of India praying for direction for consideration of her admission to MBBS course against the 15% All India quota of 1992. She was originally allocated a seat in Medical College, Alleppey, Kerala. She prayed for transfer to Lucknow.
(2.)This writ petition along with similar other writ petitions were taken up for consideration by this court. Comprehensive directions were issued in relation to admissions. In obedience to this order of this court, a notification dated 28/05/1993 was issued by the Director General of Health Services requiring the candidates to signify their willingness to be considered for admission under the scheme evolved by the court. By an order dated 10/06/1993 of this court, inter alia the following directions were given :
"(I) The Director General of Health Services will first consider the cases of all those candidates who have applied for change of college and whose applications are pending before the Directorate on the date of this order including the petitioners in W. P. Nos. 370, 383, 447, 458 and 466 of 1993. * * * (vii) In case any candidate who has been allotted a seat against All india quota in pursuance of this order does not avail of the same and fails to report in the college to which he has been nominated by 15/07/1993, the seat allotted to the said candidate would stand surrendered to the State quota. "
(3.)In spite of the matter being in seisin of this court, the writ petitioner moved the High court in Writ Petition No. 1508 of 1993 before the lucknow bench of Allahabad High court and obtained certain directions. The High court ordered that a seat be kept vacant in the King George medical College, Lucknow. By our order dated 27/07/1993, we disapproved of the High court entertaining the writ petition and a stay of the order was granted.
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