Decided on August 31,2013

Dr. Mohit Tayal And Others Appellant
State of Uttarakhand and others Respondents


V.K. Bist, J. - (1.) BY way of instant petition, the petitioners are challenging the impugned letter dated 22.08.2013 issued by Principal, Guru Ram Rai Institute of Medical & Health Sciences/respondent no. 4 (hereinafter referred as to the College) by which he has informed the Director General/Chairman, Uttarakhand P.G. Counseling Board -2013 that admission against State quota has already been given by the College. Further prayer has been made seeking direction to the College to grant admission to the petitioners in their post graduate courses on the basis of the allotment made by the Uttarakhand Counseling Board, 2013. The Uttarakhand Counseling Board issued allotment letter to the petitioners on 23.08.2013 by provisionally allotting seat in M.S./M.D. course asking them to contact the Principal of the College and complete the admission formalities. In the said allotment letter, last date for joining the course was given as 29th August, 2013. When the petitioners contacted the College, they were not given admission and under the said compelling circumstances, they approached this court and filed writ petition on 31.08.2013.
(2.) LEARNED Senior Advocate by referring the judgment of Hon'ble Supreme Court in the matter of Writ Petition (Civil) No. 379 of 2013 'Nikhil Himthani vs. State of Uttarakhand and others', prayed that interim relief application should be heard today, as in the said case, Hon'ble the Supreme Court has directed to re -do admission of P.G. medical course by the end of August, 2013 and, in case the interim order is not granted before 31st August, 2013, the writ petition would render infructuous. I have heard Mr. Sharad Sharma, Senior Advocate with Mr. J.S. Bisht and Ms. Vandana Singh, Advocates for the petitioners, Mr. Paresh Tripathi, Addl. Chief Standing Counsel for the State/respondent nos. 1, 2 & 3, Mr. V.B.S. Negi, Senior Advocate and Mr. Rajendra Dobhal, Senior Advocate with Mr. Shailendra Singh and Mr. G.D. Joshi, Advocates for respondent no. 4/College, Mr. Parikshit Saini, Advocate for respondent no. 5/Medical Council of India and perused the record.
(3.) LEARNED Senior Advocate appearing for the petitioners referred Clause 9 (vi) of Post Graduate Medical Education Regulation -2000, as amended on 27th December, 2010, which provides that in non -Government Medical College/Institutions 50% of the total seats shall be filled up by State Government or the authority appointed by them and the remaining 50% of the seats shall be filled by concerned Medical College/Institutions on the basis of the merit list prepared as per the marks obtained in National Eligibility -cum -Entrance Test 2013.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.