2009 INSC 1252
                                    SUPREME COURT OF INDIA

                                                 Smitha Nath

                                                      Vs.

                                               Union of India

                               (Markandey Katju and Deepak Verma JJ.)

                                                  26.05.2009

                                                   ORDER

1. The Application for impleadment is allowed.

2. Heard learned counsel for the parties.

3. 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.

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

5. 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.

6. 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

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27th May, 2009   Counseling Schedule to be notified by DGHS
28th May, 2009
                 All States must report updated number of vacancies resulting
30th May, 2009   from non-joining, resigning and surrender of seats in All India
                 Quota to the DGHS by 5 p.m. on 29th May, 2009.

                 Total number of vacancies to be notified by DGHS

Date             Particulars
31st May, 2009   Extended 2nd round of counseling to be conducted by DGHS at
to               Delhi Centre
08th June, 2009
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.

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

8. This order will be placed on the websites immediately. Copy of this order shall be given to
all the parties today itself.

9. The Writ Petition is disposed of in the above terms.

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