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2023 Supreme(Del) 5277

SATISH CHANDRA SHARMA, SANJEEV NARULA
Shivani Dhaka (Retd. ) – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Amit Dhaka, Ms. Astha Gumber and Mr. Prateek Chauhan, Advocates along with Appellant in person.
Mr. Anshuman Singh, Senior Panel Counsel with Mr. Aakash Meena, GP and Mr. Aiyush Ahluwalia, Advocate, for the Respondent.

JUDGMENT

Sanjeev Narula, J. (Oral) - This letters patent appeal (LPA) arises out of the judgment dated 11th October, 2023, passed by the learned Single Judge of this Court, in W.P. (C) 13322/2023 [hereinafter "impugned judgment"]. In the writ petition, the Appellant contested the methodology employed in the allotment of specific seats during the admission process for postgraduate courses at Armed Forces Medical Services (AFMS) institutions. The crux of the dispute centred on the decision by Respondent No. 2-Director General, Armed Forces Medical Service ["DGAFMS"]-to directly allocate ten additional DNB seats at Base Hospital, New Delhi, during the counselling for "Priority-V" category candidates. These seats, it is crucial to note, were not made available in the preceding counselling rounds for candidates in the higher "Priority" categories, namely Priority-I through IV. The learned Single Judge, however, recognized that reintroducing said seats to candidates from earlier stages would potentially trigger a perpetual cycle of counselling, an outcome deemed impractical. Acknowledging this, the learned Single Judge opted not to intervene in the counselling procedure. The Appellant's c

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