JUDGMENT :

Y.K. Sabharwal, J.

An All India quota of Post Graduate seats till last year, i.e., 2004-2005 was 25%. This Court in Sourav Choudhary v. Union of India (2003) 11 SCC 146 while directing the increase of percentage of seats on open merit on All India basis from 25% to 50%, directed it to be operational from the present academic year 2005-2006. By a letter dated 07th December 2004 issued by Directorate General of Health Services (DGHS) information was asked about the availability of Post Graduate seats in MD/MS/Diploma Courses under 50% All India quota but the information was required to be furnished after excluding the seats validly reserved for Scheduled Castes/Scheduled Tribes. The resultant effect of this letter is to reduce the seats of All India quota further from 25% downwards instead of 25% being increased to 50%. It is this action which is under challenge in the writ petition which, inter alia, seeks quashing of the communication dated 07th December 2004 and seeks directions for filling up of the seats in Post Graduate Degree/Diploma Courses on All India basis of 50% of the total seats.

2. Having regard to the fact that counselling was to commence on 03rd March 2005, t