ORDER

1. Heard the learned counsel for the parties at great length.

2. Leave granted.

3. Facts are very peculiar in this case. By adopting totally illegal method of filling seats by All India Merit list by way of Central counseling, which were required to be filled by the State Quota/Institutional candidates. The appellant had been illegally deprived of pursuing the course of MS (Surgery) to which he was entitled as per his merit.

4. Six seats of MS (Surgery) were created as communicated vide letter dated 7th May, 2018 issued by Under Secretary, Government of India, Ministry of Health & Family Welfare (Department of Health & Family Welfare). It was ordered at the same time that 50% seats i.e. 3 seats to be filled by All India quota except the college in Jammu and Kashmir. Thus, three seats were to be filled by the State quota and three seats were to be filled by the All India Quota.

5. The Regulations framed by the Medical Council of India (MCI) called the Postgraduate Medical Education Regulations 2000; as amended by Postgraduate Medical Education (Amendment) Regulations 2018 on 5th April, 2018, para 11 of the Notification dated 5th April, 2018 appended following note to the Postg