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B. Abimathi v/s The Director General of Health Services, Ministry of Health & Family Welfare, New Delhi & Others

    W.P. (MD) No. 6132 of 2020 & W.M.P. (MD) No. 5322 of 2020

    Decided On, 05 May 2020

    At, Before the Madurai Bench of Madras High Court


    For the Petitioner: K. Jeya Mohan, Advocate. For the Respondents: R1 & R3, V. Kathirvelu, Assistant Solicitor General of India, R2, Abdul Saleem, R5, V.P. Raman, Advocates.

Judgment Text

(Prayer: The Writ Petition is filed to issue a Writ of Mandamus, directingthe Second Respondent to conduct and conclude the counselling for PGManagement seats in Private/Non-Governmental medical institutions alongwith the overall State PG NEET Counselling for the academic session2020-21 on or before 08.05.2020 by considering the Petitioner'sRepresentation dated 30.04.2020.)

1. Heard Mr. K. Jeya Mohan, Learned Counsel for the Petitioner,Mr. V. Kathirvelu, Learned Assistant Solicitor General of India appearingfor the First and Third Respondents, Mr. Abdul Saleem, Learned StandingCounsel appearing for the Second Respondent and Mr. V.P. Raman, learnedStanding Counsel, who takes notice for the Fifth Respondent.

2. The Petitioner, who has completed her graduation in M.B.B.S. inMedicine and Surgery in the year 2018 had participated in the PostGraduate NEET Examination, 2020 conducted by the Third Respondentand has a score of 690. During the first round of counselling in All IndiaQuota, she secured Master of Surgery in Obstetrics and Gynecology in theCollege of the Fourth Respondent and had paid admission fees. However,she intends to further participate in counselling in the State GovernmentQuota seats including those in Non-Governmental Institutions. One of theconditions stipulated for already selected candidates in the All India Quotato participate in the State Government Quota is that they should wouldhave to resign from the seat secured within the specified date. Infurtherance thereto, the First Respondent by notice dated 30.04.2020 hadinformed that it had been decided by the Competent Authority to allow thecandidates who have joined their allotted college of Round -1 (both inOnline/Offline mode) to resign from their joined seat by 5.00 p.m. of08.05.2020 (Wednesday). It is the grievance of the Petitioner that theSecond Respondent had not included the Management Seats in thePrivate/Non-Governmental Medical Institutions in the notification issuedfor Counselling under the State Quota. In that backdrop, this Writ Petitionhas been filed for directing the Second Respondent to conduct andconclude the Counselling of Post Graduation Medical Seats inPrivate/Non-Governmental Medical Institutions along with the StateGovernment Quota Seats for the academic Session 2020-2021 on or before08.05.2020 by considering her representation dated 30.05.2020 in thatregard.

3. When the matter was taken up for hearing on 04.05.2020, it wasbrought to the notice of this Court by the Learned Standing Counselappearing for the Second Respondent that due to the Covid 19 pandemicsituation, the time schedule for filling up seats in State Government Quotahas been extended. Today (05.05.2020), it is represented by the LearnedStanding Counsel for the Second Respondent that by letter dated05.05.2020, the Second Respondent has requested the First Respondent togive permission to conduct counselling for Management seats in SelfFinancing Medical Colleges and extend the date of resignation fromrespective Colleges for students who joined in All India Quota Seats inRound -1 from 08.05.2020 till 13.05.202.

4. In view of the aforesaid subsequent developments, the FirstRespondent shall consider and pass orders on merits and in accordancewith law on the aforesaid letter dated 05.05.2020 sent through e-mail bythe Second Respondent and communicate the decision taken to allconcerned in the prescribed mode including hosting in the official websitesexpeditiously. Such exercise shall be completed by the First Respondent by04.00 p.m. on 06.05.20

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20 and the compliance report in this regard shall besent to the Registrar (Judicial) of this Bench by e-mail so as to reach by5.00 p.m. on 06.05.2020. In the event of non-compliance, the matter shallbe listed before Court at 10.30 a.m. on 07.05.2020. 5. Accordingly, the Writ Petition is disposed on the aforesaid terms.Consequently, connected Miscellaneous Petition is closed. No costs.