ORDER

1. Pursuant to the order dated 11-4-2005 and affidavit has been filed by Prof. Sanjay Shrivastava, Assistant Director General (ME), Directorate General of Heath Services, Government of India, along with which suggestions on behalf of the Ministry and Medical Council of India have been submitted. Out of various suggestions, insofar as admission to postgraduate courses in this year is concerned, we direct that for filing up of 239 remaining vacant postgraduate MD/MS degree an medical diploma seats, and additional list of 405 qualified candidates may be issued which will mean increase of waiting list up to 40% from existing 25%. In regard to the waiting list of 25%, counseling has already taken place between 3-3-2005 and 1-4-2005. The Counseling for additional 405 seats shall be done expeditiously. We approve the suggestion that it can be done after fifteen days of the declaration of that list by the All-India Institute of Medical Sciences. We direct the Institute to declare the list within three days from today.

2. To consider other suggestions, including second round of counseling for postgraduate medical and dental courses, particularly, having regard to the increase of the all-India quota from 25% to 50% and the suggestions to increase the waiting list form existing 20% to 40% or more, the petition shall be listed for final disposal on a non-miscellaneous day in August 2005.

3. In view of the above, the restraint contained in the orde4r dated 8-4-2005 and continued by order dated 11-4-2005 that the States shall fill sears of only their 50% quota and no more shall stand modified. The States are permitted to fill up the seats reverted to them on account of seats of all-India quota having fallen vacant on the selected candidates having no joined the courses.

4. Insofar as the aforesaid 239 seats are concerned, only such of the seats would revert to the States which may still remain vacant after the second counseling as above directed.

5. For proper understanding of the matter, this Court should have the details about the number of seats from all-India quota that stood reverted to the States on the selected candidates vacating the seats during this year. The State Governments are directed to furnish that information to the Director General of Health Services by 15-6-2005. The DGHS shall file the said particulars in this Court along with an affidavit by 15-7-2005.