- (1.) Instant petition has been filed by the petitioner with the grievance that he took admission in Post-Graduation (MDS) course in respondent No. 5 Mahatma Gandhi Medical College and Hospital pursuant to their advertisement Annexure-2 dated 24-5-2010 against seat reserved for State Quota for the Session 2010-11 and after the fee was also deposited by him on 28-5-2010, he was not permitted to attend classes after 22-6-2010 which compelled him to approach this Court.
(2.) The main grievance raised by the peti-tioner is that once he has been given admis-sion by the respondent No. 5 after an open advertisement being issued, the authorities cannot be held justified in substituting the petitioner by another candidate to whom the admission has now been offered on the basis of second counselling held on 23-25/6/2010 which has not been permitted by the Apex Court and the deadline for admission after 31st May of the year and, as such, no admis-sion could have been made by either of the authorities thereafter and in such circum-stances, discontinuing the petitioner to pur-sue his MDS course on the premise that ad-mission has been made on merit-cum-pref-erence against the seat reserved for the State Quota in second counselling held in June, 2010, is in clear contravention and defiance of the orders of the Supreme Court and the action of the respondents deserves to be set aside.
(3.) After the notice was served upon the respondents, it has come on record that the controversy regarding admission to such courses against All India Quota went up to the Supreme Court and taking note of the controversy arose, the time schedule relat-ing to such admissions was re-scheduled by the Supreme Court which appears to be a one time measure adopted to meet out the exi-gency which arose in Writ Petition (Civil) No. 189/2010 and interim order was passed on 31-05-2010 pursuant to which the second counselling was held by the State of Rajasthan from 23/25-6-2010.;