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2013 Supreme(SC) 1327

A.K.PATNAIK, JAGDISH SINGH KHEHAR
Fraz Naseem – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner(s):- Ms. Indu Malhotra, Sr. Adv. Mr. Vikram Mehta, Adv. Mr. Kush Chaturvedi, Adv. Ms. Nishtha Kumar, Adv. Mr. Anshuman Srivastava, Adv. Mr. Vivek Jain, Adv. Mr. Vikas Mehta, Advocates.
For the Intervenors :- Mr. P.S. Patwalia, Sr. Adv. Mr. Siddhesh Kotwal, Adv. Ms. Bunsuri Swaraj, Adv. Mr. Nirnimesh Dube, Advocates.
For the Respondent(s): - Mr. Siddharth Luthra, ASG.
For the UOI :- Ms. Supriya Juneja, Adv. Mr. Anandana Handa, Adv. Ms. Sushma Suri, Adv. Mr. Gurmohan Singh Bedi, Advocates.
For the MCI :- Mr. Amit Kumar, Adv. Mr. Atul Kumar, Adv. Mr. Ankit Rajgharia, Advocates.
For the State of Gujarat :- Ms. Hemantika Wahi, Adv. Ms. Shubhada Deshpande, Advocates.
For the State of Odisha :- Ms. Kirti Renu Mishra, Advocates.
For the State of M.P.:- Ms. Vibha Datta Makhija, Adv. Ms. Archi Agnihotri, Advocates.
For the State of Maharashtra:- Mr. Sanjay Kharde, Adv. Ms. Asha G. Nair, Advocates.
For the State of Punjab :- Mr. Jagjit Singh Chhabra, Advocates.
For the State of Chhattisgarh :- Mr. Anirudha P. Mayee, Adv. Mr. Charudatta Mahindra, Advocates.
For the State of H.P.:- Mr. Suryanarayana Singh, AAG Ms. Pragati Neekhra, Advocates.
For the State of Rajasthan :- Mr. Ram Naresh Yadav, Adv. Mr. V. Sushant, Adv. Ms. Pragati Neekhra, Advocates.
For the State of Assam :- Mr. Navnit Kumar, Adv. for M/S Corporate Law Group, Advocates.

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 be

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