PRASENJIT MANDAL,J - (1.) THIS application is at the instance of three students and is filed praying for a writ in the nature of mandamus commanding the respondents particularly the respondent no.3 to relax the time schedule in the instant case for holding the extended second counselling for the open category candidates and to allow the respondent no.2 to register any student admitted beyond the stipulated date after the extended second round of counselling regarding admission to the Post Graduate Degree and Diploma Courses in modern medicine for the session 2012-13 and other consequential reliefs.
(2.) THE petitioners have contended that they are the qualified M.B.B.S. doctors and they intended to be admitted to the Post Graduate Degree and Diploma Courses in modern medicine for the session 2012-13. They applied for the open category seats. The ranks of the three petitioners were 342, 479 & 167 respectively in the admission test. But, the six seats under the All India Quota were not filled up and as such, second round of counselling was held subsequently. The petitioners have contended that they should be allowed for counselling in the extended second round of counselling and the reliefs should be given. Now, the question is whether the reliefs as sought for by the three petitioners could be granted. Upon hearing the learned Counsel for the parties and on perusal of the materials on record, I find that it is not in dispute that six seats under the All India Quota remained unfulfilled in the first round of allotment. Thereafter, the respondent no.4 notified for the second round of counselling in respect of open category vacant seats reverted from All India Quota excluding six seats for Post Graduate Degree.
(3.) IT is also not in dispute that the three petitioners participated in the said process of second round of counselling, but, they did not get their desired subjects and institution. They came to know that six Post Graduate seats were excluded in the said counselling for the second round and as such, they made a representation dated March 12, 2013 for holding extended second round of counselling to fill up the vacant seats along with other candidates. The respondent no.4 also indicated that the second round of counselling would be held on March 21 & 22, 2013 for 'in service' candidates while depriving the petitioners and others for the aforesaid seats and as such, they have prayed for holding extended second round of counselling.;