The document discusses three writ petitions heard by the Supreme Court of India. The first petition regarding withdrawal from a medical seat was dismissed since it went against a previous court order. The second was disposed after the petitioner agreed to pay demanded fees. The third involved a disabled student and the court allowed participation in counseling if a reduced fee was paid.
The document discusses three writ petitions heard by the Supreme Court of India. The first petition regarding withdrawal from a medical seat was dismissed since it went against a previous court order. The second was disposed after the petitioner agreed to pay demanded fees. The third involved a disabled student and the court allowed participation in counseling if a reduced fee was paid.
The document discusses three writ petitions heard by the Supreme Court of India. The first petition regarding withdrawal from a medical seat was dismissed since it went against a previous court order. The second was disposed after the petitioner agreed to pay demanded fees. The third involved a disabled student and the court allowed participation in counseling if a reduced fee was paid.
The document discusses three writ petitions heard by the Supreme Court of India. The first petition regarding withdrawal from a medical seat was dismissed since it went against a previous court order. The second was disposed after the petitioner agreed to pay demanded fees. The third involved a disabled student and the court allowed participation in counseling if a reduced fee was paid.
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Writ Petition (Civil) No.944/2022
AMRIT MALIK Petitioner(s)
VERSUS
THE MEDICAL COUNSELING COMMITTEE & ORS. Respondent(s)
(With IA No.55632/2023 - EXEMPTION FROM FILING AFFIDAVIT, IA
No.160707/2022 - EXEMPTION FROM FILING AFFIDAVIT, IA No.55631/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES and IA No.160705/2022 - PERMISSION TO FILE APPLICATION FOR DIRECTION)
WITH W.P.(C) No.112/2023 (X)
(With IA No.43656/2023 - APPROPRIATE ORDERS/DIRECTIONS and IA No.55893/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) W.P.(C) No.121/2023 (X) (With IA No.43060/2023 - EXEMPTION FROM FILING AFFIDAVIT and IA No. 43053/2023 - PERMISSION TO FILE AMENDED WRIT PETITION)
Date : 21-08-2023 These matters were called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA
For Petitioner(s) Mr. Brijender Chahar, Sr. Adv.
Mr. Deepak Prakash, AOR
WPC 112/2023 Mr. Sriram Parakkat, Adv.
Mr. Deepak Prakash, AOR
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WPC 944/2022
WPC 121/2023 Mr. K. Parameswar, Adv.
Mr. Deepak Prakash, AOR
For Respondent(s) Ms. Udita Singh, AOR
Ms. Bansuri Swaraj, A.A.G.
Dr. Monika Gusain, AOR
Mr. Gaurav Sharma, AOR
Mr. Kirtiman Singh, Adv. Mr. Waze Alli Noor, Adv. Mr. Dhawal Mohan, Adv. Mr. Prateek Bhatia, Adv. Mr. Paranjay Tripathi, Adv. Ms. Manmeet Kaur Sareen, Adv.
Ms. Bina Madhavan, Adv.
Mr. S. Udaya Kumar Sagar, Adv. Mr. Tushar Singh, Adv. M/s. Lawyer S Knit & Co.
Mr. Amit Anand Tiwari, AAG
Mr. Sabarish Subramanian, AOR Ms. Devyani Gupta, Adv. Mr. Vishnu Unnikrishnan, Adv. Mr. C. Kranthi Kumar, Adv. Mr. Naman Dwivedi, Adv. Mr. Danish Saifi, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Writ Petition (Civil) No 944 of 2022
1 The relevant dates in the present case are as follows:
(i) The petitioner was granted admission to a three-year post graduate
medical degree course in the second round of counselling in the NRI quota on 24 February 2022;
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WPC 944/2022
(ii) The petitioner sought to resign from the seat on 7 March 2022;
(iii) On 11 March 2022, the petitioner informed the college authorities that she needed 45 days time to reconsider her options and take a decision;
(iv) The petitioner eventually withdrew from the seat which was allotted to her on 26 March 2022; and
(v) The third round of counselling took place on 22 April 2022 which was followed by a fourth round for the stray vacancy on 7 May 2022. The seat remained unfilled.
2 In the order of this Court dated 9 May 2023 in Dar-Us-Slam Educational
Trust v Medical Council of India1, it was expressly stipulated that after the second round of counselling for All India Quota seats, students who take admission in All India Quota seats should not be allowed/permitted to vacate the seats.
3 In the present case, as a result of the decision of the petitioner, the seat was left vacant preventing any other meritorious student from obtaining admission.
4 In this view of the matter, the exercise of the jurisdiction of this Court under Article 32 of the Constitution is not warranted.
5 The Petition is accordingly dismissed.
6 Pending application, if any, stands disposed of.
1 Writ Petition (Civil) No 267 of 2017
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WPC 944/2022
Writ Petition (C) No 112 of 2023
1 Counsel for the petitioner states that the petitioner would pay the amount as demanded in the notice which has been issued by the State of Haryana. Counsel appearing on behalf of the respondent-Institution submits that immediately on the deposit being made, she shall ensure that the documents are released to the petitioner.
2 The Petition is accordingly disposed of.
3 Pending applications, if any, stand disposed of.
Writ Petition (C) No 121 of 2023
1 The petitioner had initially sought admission to a post-graduate medical
degree course as a disabled student at a government medical college. The petitioner obtained admission in the mop up round of counselling, but thereafter left the seat. The prospectus which has been issued by the State of Tamil Nadu stipulates that in such a situation the candidate would have to pay an amount of Rupees fifteen lakhs. This is because a candidate while vacating a seat deprives another deserving candidate of the State seat in a government medical college (where the annual medical fee is only Rs 22,500). Moreover, the government also requires a bond from all medical students to serve in rural health care clinics for a stipulated period.
2 The petitioner who is a disabled candidate suffered from post-polio residual
paralysis. She suffers from 63% disability.
3 Having regard to the peculiar facts of the present case, and without this Court expressing any opinion on the issues of law involved, we direct that subject to the petitioner paying an amount of Rupees five lakhs to the State
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WPC 944/2022
of Tamil Nadu, she would be permitted to participate in further rounds of
counselling for the ensuing session and her documents shall be returned forthwith. This order is passed in the above peculiar facts and circumstances.
4 Since the petitioner seeks a period of one week to pay the amount, she has undertaken through her counsel that the amount shall be positively paid on or before 28 August 2023. The documents shall be returned to the petitioner in the meantime and she shall be permitted to participate in the ensuing counselling.
5 The Petition is accordingly disposed of.
6 Pending applications, if any, stand disposed of.
(LWW Medical Book Collection) Tornetta, Paul, Iii - Wiesel, Sam W - Operative Techniques in Orthopaedic Trauma Surgery-Lippincott Williams & Wilkins (2011)
(LWW Medical Book Collection) Tornetta, Paul, Iii - Wiesel, Sam W - Operative Techniques in Orthopaedic Trauma Surgery-Lippincott Williams & Wilkins (2011)
