DR. SMITHA NATH versus UNION OF INDIA & ORS.

Citation: [2009] 9 S.C.R. 824 · Decided: 26-05-2009 · Supreme Court of India · Bench: MARKANDEY KATJU, DEEPAK VERMA · Disposal: Disposed off
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Judgment (excerpt)

[2009] 9 S.C.R. 824 
-f 
A 
DR. SMITHA NATH 
v. 
UNION OF INDIA & ORS. 
··(Writ Petition (Civil) No. 216 of 2009) 
B 
MAY 26, 2009 
[MARKANDEY KATJU AND DEEPAK JAIN, JJ.) 
Education: 
c 
Admissions to Post..,Graduate medical seats .:... In 
-, ' 
Government/Municipal Colleges - All India Counseling -
First round of All India Counseling conducted by Director 
.;/" 
General of Health Services - States and Union Territories not 
completing their first round of counseling by Schedule time 
D - Resulting in non-~reporting correct number of All India vacant 
seats of DGHS - HELD: DGH{: will notify counseling schedule 
.., 
"'· 
and· conduct extended second round of All India counseling 
- States and Union Territories to abide by the Schedule and 
to report updated number of vacancies to DGHS as per 
Schedule given by the Court. 
.. 
E 
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 
216 of 2009. 
+ 
~ 
(Under Article 32 of the Constitution of India) 
F 
Mukul Rohatgi, Ms. lndu Malhotra, Vikram Mehta and Nupur 
Kanungo (for Vikas Mehta) for the Petitioner. 
I 
V. Shekhar, Manjit Singh, AAG, Manish Singhvi, MG, 
Aman Ahluwalia, Sudarshan Singh Rawat (for D.S. Mahra) 
-~ 
I 
G Harikesh Singh (for Kamal Mohan Gupta) Shomila Bakshi (for 
.. 
Kamini 'Jaiswal) Niranjana Singh, Ravindra K Adsure, T. Harish 
~ 
Kumar, Gaurav Sharma, Sumeet Bhatia, Abhinav Mukherji (for 
Pratibha M. Singh) Mohit Kumar Shah (for Gopal Singh) Riku 
H 
824 
SMITHA NATH v. UNION OF INDIA & ORS. 
825 
~ 
Sarrna (for Corporate Law Group) B.B. Singh, Hemantika Wahi, 
A 
Tara Chandra Sharma, Subhashini, A.P. Mayee, V.G. 
Pragasam and N.I. Suji (for Milind Kumar) for the Respondents. 
The following Order of the Court was deliverec;I 
ORDER 
B 
1. The Application for impleadment is allowed. 
2. Heard learned counsel for the parties. 
c 
3. On 13.1.2009, exam was conducted by AllMS for 50% 
post graduate medical seats for all government/municipal 
~ 
colleges in India (except for the government medical Colleges 
in the States of Andhra Pradesh and Jammu and Kashmir). The 
First Round of Counseling for these seats ended on 16.3.2009, 
D 
which was conduced by Director General of Health Services 
..... 
~ 
(DGHS). Thereafter, the States and Uts commenced theirfirst 
round of counseling which was to be completed by 10.4.2009. 
4. However, most States did not complete their first round 
of counseling in time. The 2nd Round of All India Counseling 
E 
by DGHS was conducted between 22.4.2009 and 8.5.2009. 
This, however, Was incomplete since all the States/UTs did not 
~ 
report the correct number of All India Vacant Seats after the 
,., 
first round of State counseling in time. 
5. We have persued the Order dated 2.5.2008 ~assed by 
F 
this Court in the case of Dr.Amit Gupta and Others vs. Union 
of India and Others in I.A. No.17 of 2008 in W.P.(C) No.157 of 
2005, where in similar circumstances this Court had directed 
an extended 2nd Round of All India Counseling to fill up those 
G 
--i. 
seats which could not be included in the Original 2nd Round of 
counseling. 
6. In such circumstances, we direct that an extended 2nd 
Round of Counseling be conducted to fill up the seats which 
H 
could not be filled up in the Original 2nd round of counseling 
826 
SUPREME COURT REPORTS 
[2009] 9 S.C.R. 
-J>. 
A due to incomplete information furnished by the States at the 
time when_the 2nd Round of Counseling was conducted. All the 
States and UTs shall abide by the following schedule for the 
extended 2nd Round of counseling. 
B 
Date 
Particulms 
27th May, 2009 
Counseling Schedule to be 
notified by DGHS 
28th May, 2009 
All States must report updated 
' 
c 
number of vacancies resulting 
from non-joining, resigning and 
surrender of seats in All India 
Quota to the DGHS by 5 p.m. on 
"" 
29th May, 2009: 
D 
30th May, 2009 
Total number of vacancies to be 
notified by DGHS 
• 
,_ 
Date 
Particulars 
E 
_31st May, 2009 to 
Extended 2nd round,of 
08th June, 2009 
counseling to be conducted by 
DGHS at Delhi Centre 
13th June, 2009 
Students to join allotted college 
_.,. 
~ 
F 
within 5 days of allotment (i.e.) last 
date for students to join allotted 
college is 13.th June, 2009. 
14th June, 2009 
Vacant All India Quota seats mat 
be deemed to be surrendered to 
G 
the States on 14th June, 2009 
~ ' 
20th June, 2009 
Final deadline for students to.join 
allotted course. Before this date 
all States should complete their 
H 
2nd Round of counseling. 
SMITHA NATH v.
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