AMITAV K.GUPTA,J. - (1.) The petitioner seeks issuance of an appropriate writ/order and direction upon the respondent i.e. Central Institute of Psychiatry, Kanke through its Director, to grant her admission in the course of Doctor of Medicine, Psychiatry.
(2.) Learned counsel for the petitioner has submitted that petitioner had participated in NEET-2017 and she secured an All India rank of 8636 and was qualified for unreserved seats for All India Quota Seat/Counselling. That after the first round of counselling the petitioner was allotted the course of Diploma in Psychological Medicine at Central Institute of Psychiatry (for short 'CIP') and joined as a Junior Resident in the Diploma course on 9.5.2017. That the petitioner by letter dated 20.06.2017 informed the Director,CIP, Ranchi that seats under the SC/ST quota are lying vacant in the course of Doctor of Medicine. That the petitioner had appeared in the mop-up round held on 26.05.2017 and she was placed 2 nd in the waiting list, therefore, she requested the Director of CIP to consider her for admission in the aforesaid vacant seat, as per Annexure-2. That on 5.7.2017 she again informed the Director of CIP that a seat under unreserved category has fallen vacant as one Dr.Darshan S. had resigned and she requested that her case be considered for the said vacancy. That in fact 4 seats are lying vacant under unreserved, OBC, SC and ST and the respondent/CIP is under the obligation to publish the said vacancy as the seats cannot be allowed to be remain vacant. The vacant should be filled up in accordance to the merit list. It is argued that since there is shortage of qualified professionals in the field of Psychiatry in our country hence, letting a seat remain vacant in the MD(Psychiatry) course despite willingness of the petitioner who is a deserving candidate will only be a loss to the medical fraternity and against the national interest. That there is no legal impediment for the respondent to advertise the said seat and fill up the vacancy as per the merit list. In support of the contention learned counsel has relied on the decisions of the Apex Court in the case of Priya Gupta vs. State of Chhattisgarh , reported in (2012) 7 SCC 433 and in the case of Bonnie Anna George vs. Medical Council of India, reported in (2014) 10 SCC 767 and submitted that in the aforesaid decision, the Apex Court has held that all vacant seats and dates of subsequent counselling should be periodically displayed on the website and vacancy should be made available to those who have cleared entrance examination and those who have already taken admission but want to change to opt for a better choice.
(3.) Despite service of notice none appeared on behalf of of respondent hence, Mr. Rajesh Kumar, learned G.P.-V was appointed as amicus curiae to assist this Court in the matter.;