The court's decision was influenced by the applicability of previous court orders and the lack of merit in the petitioner's case.

Sudhanshu Dhulia, J.

The matter before this Court relates to admission in Post-Graduate Medical Course in Uttarakhand. The petitioner before this Court was earlier granted admission after the mop up round on the last date of admission when stray seats were to be filled by the medical colleges. Petitioner secured admission in MS Surgery at the Himalayan Institute of Medical Sciences, Jollygrant, Dehradun. Thereafter further mop up round was done by the universities subsequent to the directions given by the Hon’ble Apex Court in the case of U.P. Unaided Medical College where the Hon’ble Apex Court extended the last date of counselling till 31.5.2018 for all medical colleges in the country. In the last counselling, the name of the petitioner was deleted from the list of selected candidates and in place of the petitioner, the name of private respondent no. 7 was included in the list. Aggrieved, the petitioner has approached this Court by way of filing the present writ petition.

2. The writ petition was filed today and on a mention made by the Mr. U.K. Uniyal, learned Senior Advocate for the petitioner, the records of the case were summoned and the Counsels for the parties have been heard at length.

3. Regarding the deletion of the name of the petitioner from the list of selected candidates for MS Surgery and inclusion of the name of the private respondent no. 7, the learned Senior Counsel for the petitioner Mr. U.K. Uniyal, would actually argue that this is a fall out of an order given by this Court earlier in a matter also relating to Post Graduate Medical Courses in Uttarakhand which is Writ Petition (M/S) No. 1495 of 2018, Jitesh Talwar v. State of Uttarakhand & Others, and another connected writ petition. The said order was passed on 29.5.2018 whereby it was directed by this Court that the counselling be done again on 30th and 31st May, 2018 calling applications from all eligible candidates as the Court was convinced that the one who had secured admission was less in merit to the ones who were denied admission. Apparently, this has happened for the reasons that the concerned medical college, in that case Sri Guru Ram Rai Medical Institute of Health Science, Dehradun, had declared the seat vacant at the last moment on the last date of admission, on 18.5.2018, at 5 pm when no other candidate except the candidate who had actually secured admission was having the knowledge that such seat is going to be vacant!

4. Since an objection was raised at that time from the bar that this anomaly is happening in other medical colleges as well, this Court directed in paragraph 20 of the order dated 29.5.2018 as under:-

“It is made clear that if such anomaly is committed by the other medical colleges as well, the State Counselling Board shall be at liberty to take appropriate action, in accordance with law so that right candidates are given admission.”

5. Admittedly, neither the present petitioner nor the concerned medical college where the petitioner had secured admission in MS Surgery was the party in the aforesaid writ petition, but pursuant to the direction of this Court the counselling which had to be done by the State Counselling Board i.e. HNB Uttarakhand Medical University asked for readmission as per the merit in all medical colleges in Uttarakhand.

6. In the State of Uttarakhand, there are four medical colleges, out of which two are State Medical Colleges and the remaining two are private medical colleges. These are as follows:

(1) Government Medical College, Haldwani (State College)

(2) Veer Chandra Garhwali Government Medical Science and Research (State College)

(3) Himalayan Medical College, Jollygrant, Dehradun (Private College)

(4) Sri Guru Ram Rai Medical Institute of Health Science, Dehradun (Private College)

7. We are presently concerned with Himalayan Medical College, Jollygrant, Dehradun where pursuant to the direction of this Court in Writ Petition (M/S) No. 1495 of 2018, the admission of the petitioner was cancelled and adm