SMITHA NATH vs. UNION OF INDIA .

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. -2- 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) ( Indu Satija) Court Master 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 nd counseling in time. The 2 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 -2- 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 nd this Court had directed an extended 2 Round of All India Counseling to fill nd up those seats which could not be included in the Original 2 Round of counseling. nd In such circumstances, we direct that an extended 2 Round of Counseling be conducted to fill up the seats which could not be filled up in nd the Original 2 round of counseling due to incomplete information nd furnished by the States at the time when the 2 Round of Counseling was conducted. All the States and UTs shall abide by the following schedule nd for the extended 2 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]