Dr. Anurag Jain And Ors. vs The Director, All India Institute ...
2002 Latest Caselaw 615 Del

Citation : 2002 Latest Caselaw 615 Del
Judgement Date : 19 April, 2002

Delhi High Court

Dr. Anurag Jain And Ors. vs The Director, All India Institute ... on 19 April, 2002

Equivalent citations: 2002 VIAD Delhi 204, AIR 2002 Delhi 378, 98 (2002) DLT 406, 2002 (62) DRJ 816

Author: M Sarin

Bench: M Sarin

JUDGMENT

Manmohan Sarin, J.

1. The petitioners, four in number, have filed this writ petition seeking a writ of mandamus to the respondents to conduct the counselling and filling up of the seats of MDS Course in the 25% quota of All India Entrance Examination. Earlier a writ petition had been filed where the entrance examination to MD/MS/PG Diploma/MDS courses had been challenged on the ground of leakage of papers. The respondents as a result of an initial stay by the Allahabad High Court and the pendency of the petition in this Court, had stopped the counselling for filling up the seats.

2. The case of the petitioners before the court in this petition is that are no allegations of any leakage of papers as far as MDS question paper is concerned and the paper for MDS course was entirely different from those for the MD/MS/PG Diploma courses.

3. Notices has been issued to the Central Government and the All India Institute of Medical Sciences. Counsel for respondents 1 and 2 had accepted notice yesterday. Mr. Maninder Singh, Central Government counsel on instructions from Mr. B.L. Sherwal, Assistant Director General, Medical Education states that the Union has no objection to the counselling for MDS being resumed.

4. Considering that precious time has already elapsed, it is in the interest of the students to have the counselling resumed at the earliest for MDS course. Counsel on instructions submits that they are informing the All India Institute of Medical Sciences to send sent intimation to the concerned candidates so that the counselling to be held by the Director General (Health) services in commenced at the earliest for MDS. Learned counsel Mr. Mukul Gupta states that intimation to the concerned candidates would be sent within 3 days and thereafter upon the expiry of he prescribed period of notice for counselling, the same would be immediately taken up. The seats which are to be filled up on the basis of All India Entrance Examinations, due to the delay in counselling will not be surrendered to the state Government till the counselling for MDS is over.

5. Writ petition stands disposed of.

6. Copy of the order be given dusty to counsel for the parties.