The court's decision was influenced by the delayed counseling process by State Governments, leading to the direction for a 4th round of online allotment process for vacant seats in medical postgraduate courses.

ORDER :

We have heard learned counsel for the parties and in modification of the order dated 23rd March, 2012 passed by this Court in I.A.No. 16 in C.A. No. 1944 of 1993 titled Anand S. Biji v. State of Kerala & Ors., we direct that a 4th round of online allotment process will be conducted for the seats in medical postgraduate courses remaining vacant in the all India quota and the same will be completed by 21st August, 2013. In this 4th round of online counseling, the candidates who had given willingness for participation in the 3rd round of counseling for the purpose of upgradation will also be permitted to participate as they were not aware that there will be a 4th round of online counseling. Rest of the directions including the direction in condition No. 11 in the aforesaid order dated 23rd March, 2012 will remain in force and we clarify that after the 4th round of counseling, the seats remaining vacant shall be deemed to have been surrendered back to the respective States as per condition No. 12 of the order dated 23rd March, 2012.

2. This order has been necessitated by the fact that the counseling process by the State Governments all over the country has been delayed and has been passed with regard to all India quota available in the different colleges of the State Governments in the country and will not apply to private colleges. If necessary, the respective colleges will ensure that the required number of classes as prescribed by the M.C.I. are undertaken by the students who are now going to be admitted pursuant to the 4th round of counseling. We also make it clear that this order has been passed in the peculiar facts and circumstances of this year and will not be treated as a precedent.

3. In this writ petition, we would like to hear all the States as to why the direction in the aforesaid order dated 23rd March, 2012 that the seats remaining vacant shall be surrendered to the respective States should not be modified considering the fact that almost every year, the counseling process has been delayed by the States. For this purpose, we fix the matter for hearing on Tuesday, the 10th September, 2013. The respective State Governments may file their affidavits and additional documents, if any by the said date.