JUDGMENT :

D.V.S.S.Somayajulu, J

This writ petition is filed for the following reliefs:

“..to issue an appropriate Writ or order or direction more particularly in the nature of Writ of Mandamus or any other appropriate writ order or direction, A. To declare the Revised Notice vide F.AIIMS/E. S./4-12/(INI-SS-JAN-2022/2021) dated 09.02.2021 issued by the 2nd respondent, thereby prohibiting the allotment of sponsored/reserved seats to general candidates in the event of a vacancy as being illegal, arbitrary, unjust, violative of Articles 14, 19(1)(g), 21 and 47 of the Constitution of India, contrary to the Order dated 25.01.2022 passed by this Hon’ble Court and the principles established by the Hon’ble Supreme Court in Index Medical College Hospital and Research Centre v. State of Madhya Pradesh reported in (2021) SCC Online SC 318, and B. To declare the Proceedings vide F.No.AIIMS/Exam. Sec./4-12/(INI-SS-JAN-22/2022) dated 17.02.2022 issued by the 2nd Respondent and Proceedings vide DM/M.Ch/1TRG/2022/451 dated 25.02.2022 issued by the 3rd Respondent, thereby rejecting the request of the petitioner for De-reserving one sponsored seat in the course of DM Pediatrics Critical Care at PG Institute of Chandigarh i.e., the 3rd respondent herein as being illegal, arbitrary, unjust, violative of Articles 14, 19(1)(g), 21 and 47 of the Constitution of India, contrary to the Order dated 25.01.2022 passed by this Hon’ble Court and the principles established by the Honble Supreme Court in Index Medical College, Hospital and Research Centre v. State of Madhya Pradesh reported in (2021) SCC Online SC 318 and C. Consequently, set aside the Revised Notice (Proceedings) issued by the 2nd respondent vide F.AIIMS/E.S./4-12/(INI-SS-JAN-2022/2021) dated 09.02.2021 and D. Further Consequently, Set-aside the Proceedings vide F.No.AIIMS/Exam. Sec./4-12/INI-SS-JAN-2022/2022 dated 17.02.2022 issued by the 2nd Respondent and Proceedings vide DM/M.Ch/1TRG/2022/451 dated 25.02.2022 issued by the 3rd Respondent and E. Consequently direct the Respondents more particularly 2nd & 3rd respondent to allot/admit the Petitioner in the course of DM Pediatrics Critical Care while converting the vacant reserved into General category seat (without stipend) and F. Pass such other order....”

1. This Court has heard Sri Y.V.Ravi Prasad, learned senior counsel for Sri N.Ashwani Kumar, learned counsel for the petitioner and Sri N.Harinath, learned Assistant Solicitor General appearing for the respondents.

2. The learned senior counsel appearing for the petitioner submits that the facts are not really in dispute. He points out that the petitioner appeared for an entrance exam called the Institute of National Importance Super Speciality Entrance Test (INI-SS) seeking admission in DM Pediatrics Critical Care course. The test was conducted by the 2nd respondent AIIMS. The test was held on 07.12.2021, the results were declared on 31.12.2021 and the courses were to commence from 01.01.2022. The petitioner secured fourth rank in the exam held on 07.12.2021.

3. The issue as per the learned counsel is about the non-conversion of a sponsored seat into a general seat. Learned senior counsel submits that in the 2nd respondent-institution (PGIMER, Chandigarh) there are 2 seats which are called ‘sponsored seats’. No candidate was qualified for allotment of the seat. The petitioner who is otherwise a brilliant student, therefore, sought admission in this ‘vacant’ sponsored seat. As the respondents did not grant the seat, he filed W.P.No.370 of 2022, which was allowed on 25.01.2022 by a Division Bench of this Court. The Court permitted the petitioner to make a representation for the seat.

4. Sequentially, learned senior counsel submits that challenging the order of the Division Bench, respondent No.3 filed SLP.No.6040 of 2022 before the Hon’ble Supreme Court of India. The Hon’ble Supreme Court of India did not interfere in the order passed, but it left open all the questions of law to be agitated