ITEM NO.1                 COURT NO.2               SECTION X

           S U P R E M E   C O U R T   O F   I N D I A                          RECORD OF PROCEEDINGS

IA 1/2009  in WRIT PETITION (CIVIL) NO(s). 216 OF 2009

SMITHA NATH                                          Petitioner(s)

                     VERSUS

UNION OF INDIA & ORS.                                Respondent(s)

(for stay and office report)

Date: 26/05/2009  This Petition was called on for hearing today.

CORAM :         HON'BLE MR. JUSTICE MARKANDEY KATJU         HON'BLE MR. JUSTICE DEEPAK VERMA

[VACATION BENCH]

For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv. Ms. Indu Malhotra,Sr. Adv. Mr. Vikram Mehta, Adv. Ms. Nupur Kanungo, Adv.for

                    Mr. Vikas Mehta,Adv.

For Respondent(s) Mr. V.Shekhar, Sr. Adv. Mr. Aman Ahluwalia, Adv. Mr. Sudarshan Singh Rawat, Adv.for Mr. D.S.Mahra, Adv.

Mr. Manjit Singh, AAG Mr. Harikesh Singh, Adv. for Mr. Kamal Mohan Gupta, Adv.

Ms. Shomila Bakshi, Adv.for Ms. Kamini Jaiswal, Adv.

Ms. Niranjana Singh, Adv.

Mr. Ravindra K.Adsure, Adv.

Mr. T.Harish Kumar, Adv.

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Mr. Gaurav Sharma, Adv. Mr. Sumeet Bhatia, Adv. Mr. Abhinav Mukherji, Adv.for Ms. Pratibha M. Singh, Adv.

Mr. Mohit Kumar Shah, Adv.for Mr. Gopal Singh, Adv.

Mr. Riku Sarma, Adv.for M/s. Corporate Law Group

Mr. B.B.Singh, Adv.

Ms. Hemantika Wahi, Adv.

Mr. Tara Chandra Sharma, Adv.

Ms. A.Subhashini, Adv.

Mr. A.P.Mayee, Adv.

Mr. V.G.Pragasam, Adv.

Dr. Manish Singhvi, AAG Mr. N.I.Suji, Adv.for Mr. Milind Kumar, Adv.

          UPON hearing counsel the Court made the following                                O R D E R  

The Writ Petition is disposed of in terms of the signed order.

(Parveen Kr. Chawla) Court Master

( Indu Satija) Court Master

[Reportable Signed Order is placed on the File]

REPORTABLE IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION(C) NO. 216 OF 2009

Smitha Nath ..Petitioner

versus

Union of India & Others ..Respondents

O R D E R

The Application for impleadment is allowed.

Heard learned counsel for the parties. On  13.1.2009,  exam  was  conducted  by  AIIMS  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, which was conduced by Director General  

of  Health  Services  (DGHS).   Thereafter,  the States  and Uts  commenced  

their first round of counseling which was to be completed by 10.4.2009.

However,  most  States  did  not  complete  their  first  round  of  

counseling in time.  The 2nd Round of All India Counseling 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  

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Vacant Seats after the first round of State counseling in time.

We have persued the Order dated 2.5.2008 passed by 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 seats which could not be included in the Original 2nd Round of  

counseling.

In such circumstances, we direct that an extended 2nd Round of  

Counseling be conducted to fill up the seats which could not be filled up in  

the  Original  2nd round  of  counseling  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.

Date Particulars

27th May, 2009 Counseling Schedule to be notified by DGHS

28th May, 2009 All  States  must  report  updated  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.

30th May, 2009 Total number of vacancies to be notified by DGHS

Date Particulars

31st May,  2009  to  08th June, 2009

Extended  2nd round  of  counseling  to  be  conducted  by  DGHS at Delhi Centre

13th June, 2009 Students to join allotted college within 5 days of allotment  (i.e.) last date for students to join allotted college is 13th  June, 2009.

14th June, 2009 Vacant  All  India  Quota  seats  mat  be  deemed  to  be  surrendered to 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  2nd Round  of  counseling.

We further direct that Counseling will be only in the   Delhi Centre.  

This order will be placed on the websites immediately.  Copy of  

this order shall be given to all the parties today itself.  

The Writ Petition is disposed of in the above terms.

........................J. [MARKANDEY KATJU]

NEW DELHI; .........................J. MAY 26, 2009. [DEEPAK VERMA]