SUPREET BATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) These petitions are offshoot of a Scheme framed by this Court in Sharwan Kumar, etc. etc. vs. Director General of Health Services and another etc. etc., (1993) 3 SCC 332, prescribing the procedure to complete the process of allotment of 15 per cent. of All-India quota for admission to MBBS/BDS courses in various colleges in the country by September (now changed to 7th August) each year. The said Scheme was modified pursuant to an order made in I.A. No. 10 of 2000 in W.P. (C) No. 443 of 1992 and the date fixed, as stood altered, as indicated therein and the last date for receipt of vacancy position is fixed as 7th August of each year and the IInd round of counselling is proposed to be taken between the period from 18th July to 24th July of each year.

(2.) Now in these petitions, it is contended that selection or counselling has not been done in some States and, therefore, they would not take full advantage of IInd round of counselling. The details are set forth as under :

(3.) It is submitted that the candidates from these States who have been allotted seats in the first round of allotment may not have been given the course or college or place of their choice and in case lateron they get the allotment of their choice under the State quota, then they will vacate the seats allotted to them under the All-India quota. Hence they apprehend that more than 700 seats will fall vacant once the counselling is conducted in the aforesaid States. Therefore, it is submitted that a third round of counselling is required to be held in the special features of the case and that the vacant seats, if any, should arise in the 15 per cent. All-India quota seats should not be allowed to revert back to the States/Colleges after 7th August, 2002 and that instead of successful and meritorious candidates in the All-India quota should be allotted these seats and pass such other orders as may be necessary.