Case Brief: Supreet Batra and Ors. Vs. Union of India

Deciding Authority: Supreme Court of India
Date of Judgement: 27th January, 2003
Bench: Justice S. Rajendra Babu, Justice D.M. Dharmadhikari & Justice G.P. Mathur.
Facts of the Case: These petitions are offshoot of a Scheme framed by this Court in Sharwan Kumar, etc.etc. vs. Director General of Health Services & Anr. etc.etc., 1993 (3) SCC 332, prescribing the procedure to complete the process of allotment of 15 per cent of All-India quota for admission to MBBS/BDS courses in various colleges in the country by September [now changed to 7th August] each year. The said Scheme was modified pursuant to an order made in I.A.No.10 of 2000 in WP{C} No.443 of 1992 and the date fixed, as stood altered, as indicated therein and the last date for receipt of vacancy position is fixed as 7st August of each year and the IInd round of counselling is proposed to be taken between the period from 18th July to 24th July of each year. Now in these petitions, it is contended that selection or counselling has not been done in some States and therefore, they would not take full advantage of IInd round of counselling.
Judgement of the Case: The Supreme Court held that as per clause 14 of the Scheme, if the Dean or the Principal of the concerned college does not notify the vacancy position due to non-joining of candidate or candidates in the first round of counselling before the date indicated therein, the seats allotted to the college will be treated as vacant and allotment of candidates will be made against these deemed vacant seats and it shall be the responsibility of the Dean or the Principal of the concerned college to give admission to those candidates. The IInd round of allotment by personal appearance will be for candidates who were allotted a seat in the first round and who wish to change their allotted college/course and wish to join the same against vacancies arising due to non-joining of the candidates allotted in the first round of personal appearance and for candidates on the merit list who could not be considered for allotment in the first round. It is thus the IInd round of counselling by personal appearance was to be concluded by a particular date.