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2016 Supreme(Online)(SC) 521

SUPREME COURT
A. K. Patnaik, J. S. Khehar, K. S. P. Radhakrishnan, A. K. Sikri, S. S. Nijjar, F. M. Ibrahim Kalifulla, JJ
Fraz Naseem and Others v. Union of India and Others
W. P. (C) No. 433 of 2013



Advocates:
For the Appellants/Petitioners:
For the Respondents: Sidharth Luthra, Rajeev Dhavan, Vibha Datta Makhija, Gaurav Sharma, Puneet Jain

The Supreme Court emphasized the importance of timely adherence to admission schedules, ensuring merit-based filling of medical seats under the all-India quota.

Headnote:(A) No specific laws or sections cited in the judgment.

(B) The Supreme Court addressed the issue of vacant postgraduate medical seats under all-India quota and emphasized that time-sensitive directives can ensure the efficient filling of these seats: The balance of merit must be maintained in the admission process; delays in fulfilling quotas compromise students' opportunities.

(C) The key issue was the unfilled postgraduate medical seats across states due to procedural delays.

(D) The findings included the Court's refusal to allow additional rounds of counseling beyond already established deadlines but permitted extensions for state quota fills, demonstrating the need for merit-based admissions. (E) The decision reiterates a commitment to maintaining standards in the education sector amid procedural challenges. (F) The final direction mandated strict adherence to future schedules for admissions, underscoring the court's oversight in educational matters. (G) Parties involved include the State of Madhya Pradesh, Union of India, Medical Council of India, and private colleges in the State. (H) There were no dissenting opinions noted in the judgment. (Paras 2, 10, 23, 54, 56)

Table of Content
1. addressed unfilled postgraduate seats for the all-india quota. (Para 4 , 5 , 10 , 11)
2. highlights challenges and management issues in seat filling. (Para 6 , 18 , 20)
3. emphasizes regulatory compliance for educational admissions. (Para 23 , 54 , 56)

1. Taken on board. Issue notice returnable within a week. Dasti service, in addition, is permitted.

2. In the meanwhile, the respondent States and Union Territories (Respondents 3 to 24) will not fill up the postgraduate medical seats belonging to the all - India quota.

3. List the matter after one week.
Before A. K. Patnaik; J. S. Khehar, JJ. (Order dated 26-7-2013)

4. Heard the learned counsel for the parties. We find that as many as 1651 seats of the all - India quota are still vacant for the postgraduate courses for the academic session 2013-2014.

5. Mr Sidharth Luthra, learned Additional Solicitor General referred to Para 16 of the affidavit filed on behalf of Respondents 1 and 2 to point out the difficulties that may be faced for filling up these 1651 seats through a fresh round of counselling.

6. We are not convinced with the difficulties pointed out by Mr Luthra. Mr Luthra will find out ways after consulting the authorities concerned as to how to fill up these 1651 seats from the candidates on the basis of merit from the all - India quota.

7. List this matter on Monday, 29-7-2013.
(Order dated 23-8-2013)

8. IA No. 4 of 2013 has been filed on behalf of the State of Maharashtra for a direction to fix the cut - off date to postgraduate courses i.e. MD / MS / Diploma as well as MDS course as 31-8-2013.

9. IA No. 5 has been filed on behalf of the State of Madhya Pradesh praying for permitting the fourth round of counselling for filling the all - India State seats for the academic session 2013-2014 and grant two months' time from 31-7-2013 for conduct of fourth round of counselling.

10. We are not inclined to allow IA No. 5 filed by the State of Madhya Pradesh for fourth round of counselling for the all - India quota seats. This is because by our order dated 1-8-2013, Fraz Naseem v. Union of India , 2014 (10) SCC 783 : 6 SCEC 787, we had directed that the fourth round of counselling for all - India quota seats for the postgraduate courses lying vacant in the all - India quota will be completed by 21-8-2013 and the date 21-8-2013 is already over.

11. The seats of the all - India quota, which remained unfilled, will now have to be filled up by the State Governments and the Union Territories concerned and for filling up these unfilled seats we grant time up to 31-8-2013 to all State Governments and the Governments of the Union Territories. Leftover seats of the State quota may also be filled by 31-8-2013. IA No. 4 of 2013 is, accordingly, allowed.

12. List the main matter on 10-9-2013.
(Order dated 29-8-2013)

13. Taken on board. Issue notice returnable by 4-9-2013. In the meanwhile, the seats remaining unfilled from out of the all - India quota in the MBBS courses in different States will not be filled up by the States.

14. Notice be served dasti on the Standing Counsel for the Union of India, Director General of Health Sciences, Standing Counsel for the Medical Council of India as well as the Standing Counsel for the State Governments.

15. List this matter along with WP (C) No. 716 of 2013 on 4-9-2013.
(Order dated 5-9-2013)

16. IA No. 6
This is an application filed by the State of Madhya Pradesh to grant extension till 30-9-2013 to fill the vacant seats of MD / MS and MDS seats under State quota for postgraduate courses in the private medical and dental colleges as well as seats remaining vacant in government colleges in the State of Madhya Pradesh.

17. This application has been filed presumably because in Fraz Naseem v. Union of India , 2014 (10) SCC 783 : 6 SCEC 787 this Bench had passed an order on 1-8-2013 directing that after the fourth round of counselling, the seats remaining vacant shall be deemed to have been surrendered back to the respective States as per Condition 12 of


































































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