The main legal point established in the judgment is the interpretation and application of Clause 1.5 of Chapter 1 of the NEET-PG (MD/MS/DNB/MDS) Counselling, 2023, which restricts candidates from participating in further rounds of counselling after joining the 3rd round of All India Quota.

JUDGMENT :

1) The petitioner has sought a direction upon the respondents to grant admission to her in Post-graduation course in the discipline of Anatomy in Government Medical College, Srinagar, based on her choice and ranking.

2) Briefly stated, case of the petitioner is that in the recently concluded NEET PG examination, she secured 235 marks whereas the private respondents secured less than the marks secured by her in the same examination. It appears that the petitioner was allotted a seat in PG Anatomy in Government Medical College, Jammu, in 3rd round of counselling conducted by Medical Counselling Committee for All India Quota. Thereafter, the petitioner responded to notice bearing No.029-BOPEE/2023 dated 27.09.2023 issued by the J&K Board of Professional Entrance Examination, expressing her willingness to participate in 3rd Mop-up round of counselling against the seats that had remained unfilled during 3rd round of counselling under the State quota. The petitioner is stated to have appeared before the BOPEE officials and given her choice to take up admission in PG Anatomy in GMC, Srinagar, but she was informed by the officials of BOPEE that she cannot be granted admission in PG Anatomy in GMC, Srinagar, as she has already been selected in PG Anatomy in GMC, Jammu.

3) The contention of the petitioner is that there is no Rule, Regulation or Instruction in vogue that would disentitle a person who has been allotted a seat in All India Quota in 3rd round of counselling from participating in counselling for allotment of a seat under State quota. On this ground it has been submitted that the action of the respondents is not sustainable in law.

4) The respondents have contested the writ petition by filing their reply. In their reply, the respondents have submitted that the petitioner has been allotted the discipline of Anatomy in 3rd round of All India Quota for NEET PG Sessions 2023. According to the respondents, the seat in All India Quota has been allocated to the petitioner on 27.09.2023. It has been further submitted that pursuant to the said allotment, the petitioner reported to GMC, Jammu, and got herself registered in the College for admission by producing the requisite documents. It has been averred that the petitioner completed all the formalities for admission in the said college, whereafter she along with other candidates was directed to report for duties with immediate effect. It is being submitted that the status of the petitioner as ‘joined candidate’ upto 3rd round of PG counselling, 2023, was also shared by Medical Counselling Committee, Directorate General of Health Services, Government of India in its notice dated 7th October, 2023.

5) The respondents taking aid of Clause 1.5 of Chapter 1 of NEET-PG (MD/MS/DNB/MDS) Counselling, 2023, Information Bulletin & Counselling Scheme, issued by Medical Counselling Committee, have contended that the petitioner could not have been allowed to participate in any further round of counselling. It has been averred that the petitioner after being allotted the seat in the discipline of PG Anatomy in GMC, Jammu, under All India Quota has not resigned and, as such, she could not participate in further counselling. The respondents have further contended that as per the Schedule issued by National Medical Commission, 20th October, 2023 is the cut-off date for admission to NEET-PG Course, 2023, and beyond this date, JK BOPEE cannot fill any seat. It has also been submitted that all the seats in MD Anatomy in all the colleges of the Union Territory have already been allotted to eligible candidates as per the merit, choice and availability. Therefore, at this stage no order can be passed in favour of the petitioner to the prejudice of the selected candidates.

6) I have heard learned counsel for parties and perused the record of the case.

7) It is not in dispute that the petitioner has been allocated the discipline of Anatomy in GMC, Jammu, under All India Quota after participating in 3rd ro