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2020 Supreme(HP) 235

TARLOK SINGH CHAUHAN, JYOTSNA REWAL DUA
Gunjan Ahuja – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Dilip Sharma, Sr. Advocate with Mr. Deven K. Khanna, Advocate.
For the Respondent:Mr. Ajay Vaidya, Sr. Additional Advocate General, Mr. Ravi Sharma, Director (Medical Education)

JUDGMENT :

Tarlok Singh Chauhan, J.

The petitioners could not participate in the 1st round of counselling for admission to MD/MS/Post Graduate Diploma Courses 2020-2021. Thereafter, they applied for consideration of their candidature in the 2nd round of counselling, which according to them, is being considered wrongly and illegally, after giving undue advantage to non-meritorious candidates, who have applied for 1st round of counselling, over and above them, solely on the basis that they did not apply in the 1st round of counselling and aggrieved thereby, they have filed the instant petition for grant of following substantive reliefs:

    “(i). To quash and set aside the stipulation “Hence, appearance in the 1st round of Centralized Counselling is mandatory for consideration of candidature for subsequent rounds of Counselling” contained in condition No. 7.1 of the NEET PG Prospectus, 2020 (Annexure P-4).

(ii). To quash and set aside the stipulation stating “During the 2nd round of Centralized Counselling and subsequent rounds/MOP up round of counseling, seats shall be allotted from 1st State merit. After exhaustion of 1st merit completely, 2nd merit will be considered for allotment of seat

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