The main legal point established in the judgment is the mandatory nature of the regulations in filling vacant seats and the impermissibility of filling seats through an illegal method.

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 Postgraduate Medical Education (Amendment) Regulations 2008:

"11. In the postgraduate medical Education Regulations 2000, in appendix the following note shall be added below the Admission schedule from the academic year 2018-19 onwards for Postgraduate Courses (broad Speciality):-

Note:

1. All India Quota Seats remaining vacant after last date for joining i.e. 10th may will be deemed to be converted into State Quota.

2. Institute/college/Courses permitted after 28th February will not be considered for admission/allotment of seats for current academic year.

3. In any circumstances, last date for admission/joining will not be extended after 31st May.

4. For the purpose of ensuring faithful obedience to the above time-schedule, Saturday, Sunday or Holidays (except National Holiday) shall be treated as working day."

6. It is apparent from the Regulation as amended in 2018 that All India Quota seats which remain vacant after last date of joining i.e. 10th may, 2018 will be deemed to be converted into State Quota. However, a notice (Annexure P-5) was issued by the Committee MCC/DGHS to conduct the counseling of the Central institutes relating to the Postgraduate Medical Education and Research Dr. RML Hospital, New Delhi, 3 seats to be filled on the basis of All India merit list. Notice is extracted hereunder:

"This is to inform all the candidates that seats of central institutes lying vacant and freshly added seats for which Letter of Permission (LOP) was issued after the All India Quota counselling conducted by MCC/DGHS. As DGHS vide to conduct the counselling of the central institutes:

1. Postgraduate Medical Education and Research Dr. RML Hospital, New Delhi (03 M.S. (Surgery) seats were freshly added)

2. Central Institute of Psychiatry Ranchi Jhakhand (02 seats of M.D. -Psychiatry and 08 seats of Diploma in psychological medicine lying vacant)

In this regard candidates willing to participate for vacant seats in above mentioned institutes are required to go for fresh registration under the category central institutes alongwith payment of prescribed fee as per counselling scheme.

Candidates already registered under the category of deemed university and not allotted and seats were eligible of direct choice filling of such vacant seats.

Candidates eligible for counselling after the revised cut off score issued by NBE are also required to go for fresh registration as per counselling and to make payment as per the counselling scheme."

7. As a matter of fact, All India counselling was over in the month of April,2018 itself, however, committee issued a notice to fill up the seats of Central Institutes by conducting counselling. The counselling was held on All India merit basis of NEET examination for the three seats; out of the six newly created seats. However, as