Adherence to scheduled dates for admissions, merit-based selection process, and the importance of not compromising the merit and quality of medical education are crucial legal principles established in the judgment.

JUDGMENT :

[Purushaindra Kumar Kaurav, J.]

1. The present petition has been filed under Article 226 of the Constitution of India on behalf of the petitioner seeking following reliefs:-

“In the premise, it is most respectfully prayed that this Hon'ble Court may be pleased to:

(i) pass an order directing respondent no. 1 and respondent no.2. to indicate the position of remaining vacant seats in their respective colleges; and/or

(ii) pass an order directing respondent nos. 3-5 to grant admission to the petitioner in MS (Orthopaedics) either respondent no. 1 or respondent no. 2 college; and/or

(iii) pass such other order or order as this Hon’ble Court may deem fit and proper in the interest of justice.”

2. The brief facts of the case are that the petitioner appeared for NEET-PG, 2022 examination on 21.05.2022. The results were declared on 08.06.2022. The petitioner secured a rank of 18715. Respondent No. 3 undertook counselling process for admission, but the petitioner did not find his place, being less in merit. The Medical Counselling Committee (MCC) conducted first, second and mop up round counselling followed by stray round and special stray round. In none of the counsellings, petitioner could get any seat of his choice. The petitioner, however, had come to know about vacancy of few seats in respondents Colleges, then on 06.12.2022, the petitioner visited respondent Nos. 1 and 2 College to accommodate him on one of the seats, but it was of no avail. A petition was filed by him before the Hon’ble Supreme Court, which was also dismissed with liberty to approach this Court.

3. Learned counsel for the petitioner submits that there are two seats still vacant in respondent Nos. 1 and 2 College. According to him, in mop-up round, two seats were not taken into consideration and they were not shown in the available vacancy. He, therefore, submits that since two seats were not shown in the mop-up round, therefore, there was no question of opting those seats by any of the students either in mop-up round or in stray vacancy round. Resultantly, those two seats remained vacant and if those two seats were allowed to go waste, the same would be a national loss. The Government has spent considerable money and infrastructure to maintain the seats and if the seats are not filled up to their full strength, the same would be against public interest. He further states that those two seats are not being sought against any other candidate but the seats are still vacant, therefore, the petitioner be considered for admission against vacant seats.

4. This matter was listed yesterday i.e., on 02.03.2023 and this court called upon the respondents to explain about the vacancy position with respondent Nos. 1 and 2-College.

5. Learned counsel for respondent No. 1 submits that all seats were earlier filled up; however, on account of resignation by two candidates on 11.11.2022, two seats had fallen vacant. He, however, submits that on account of resignation the security amount etc., was to be forfeited and those candidates have challenged their forfeiture in writ petitions, which are pending. It is thus seen that two seats in respondent No. 1- College are admittedly vacant as of now.

6. Learned counsel appearing on behalf of respondents, however, opposes the petition and submits that once the entire counselling is over no seats can be allotted to any other candidate. According to them, there is a known procedure to be followed for allotment of the seats as per the schedule. After conducting the first and second round of counselling the mop up round is conducted and once the mop up round is over the stray vacancy round was to take place. In the instant academic year i.e., 2022- 2023 it’s not only the stray vacancy round was conducted but even thereafter, the special stray vacancy round was also conducted. It is stated that by 14.01.2023, the entire allotment of seats and admission etc. is over and as of now no admission can be directed to be given on the basis of