SUPREME COURT OF INDIA

Before:- Y.K. Sabharwal and D.M. Dharmadhikari, JJ.

Writ Petition (C) No. 157 of 2005. D/d. 11.4.2005.

Amit Gupta and others - Petitioners

Versus

Union of India and another - Respondents

For the Petitioner :- Ms. Indu Malhotra and Mr. Vikas Mehta, Advocates.

For the Respondent :- Mr. Mohan Parasaran, Additional Solicitor General (Maninder Singh, Ms. Pratibha M. Singh, Angad Mirdha, Kirtiman Singh, Sunita Sharma, Ms. Sushma Suri and Bhavanishankar V. Gadnis, Advocates.

Admission to medical College - Post graduate Course - Reservation - Reservation of seats - Non-filing of some of All India quota seats - Reversion of All India quota seats state quota - States shall fill only 50% of their quota - This interim order will continue till final disposal of case.

[Para 2]

ORDER

Y.K. Sabharwal, J. - The problem in this case is about reversion of all-India quota seats in postgraduate courses to State quota on non-filling of some of 50 per cent of seats in all-India quota. We have been informed that nearly one lakh doctors took the competitive examination for 2700 postgraduate seats in all-India quota, both for degree and diploma courses. The doctors called for counselling for these seats were 3376 in number. The counselling had taken place between 3-3-2005 and 1-4-2005 in MD, MS and PG Diploma (Medical stream). We have been further informed that 239 seats have fallen vacant on account of this counselling. It cannot be doubted that every possible attempt shall be made to give effect to the percentage of quota in letter and spirit and, if necessary, the zone of consideration can be expanded. At the same time, it also goes without saying that, to an extent possible, none of the seats shall go waste.

2. It has been brought to our notice that the Director General of Health Services has issued a circular that such of the all-India quota seats which are not filled by 17-4-2005 the same can be filled by the States under the State quota. We have, however, directed in terms of order dated 8-4-2005 that the States shall fill seats of only their 50 per cent quota and no more. That was only an interim order which we continue till we are able to decide this matter. We direct that the issue should be discussed by Respondents 1 and 2 and suggested mode brought to the notice of this Court on the next date of hearing, namely, 15-4-2005.