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IN THE SUPREME COURT OF INDIA

[CIVIL ORIGINAL JURISDICTION]


WRIT PETITION (CIVIL) NO.

OF 2016

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)


IN THE MATTER OF:
1.

Subhash Kumar S/o Biltu Yadav


NEET Roll No 81443060
H No 332,VillageKapashera Mother Land Public School, Gali
No 3, District South West New Delhi(110037)

2.

Pooja Raj
D/o Gokul Raj
NEET Roll No 81107982
Q No 960/1 RTS Colony
Near Kendriya Vidhalaya
Bilaspur (C.G.) 495004

3.

Anupma D/o Rohtash


NEET Roll No 82104488 H No 408/21, Gali No 2 Omnagar
Gurgaon Haryana (122001)

4.

Chetna
D/o Parveen Chhabra
NEET Roll No 82103383 H No 26,ST No 1,
Jawahar Nagar Hisar HARYANA (125001)

5.

Piyush Kumar S/o Vijay Kumar


NEET Roll No 82712949 Ward No 13, JP Nagar Guru Dwara
Road Jhumri Telaiya Kodarama JHARKHAND (825409)

6.

Manish
S/o Bir Singh
NEET Roll No 81004934
H No 6 Azad Nagar Hisar Haryana (125001)

7.

Hitendra Meena
S/o Radha Kishan Meena
NEET Roll No 86121593 Gali No 1, Deen Dayal Colony Near
Meena Bhawan Newai Tonk RAJASTHAN(304021)

8.

Shivani Kalra D/o Manoj Kalra


NEET Roll No 82102676 158S,Model Town Near Kaweri Hisar
HARYANA (125005)
9.

Yatendra
S/o Rajendra Kumar NEET Roll No 86130613

Plot No 30,Sand Bandhu Nagar Sikar Road jaipur


RAJASTHAN(302026)
10. Ajay Kumar
S/o Pritam Singh
NEET Roll No 86126437
Village Hari Nagar, Post
Charawash,Tehsil Khetri
District Jhunjhunu, RAJASTHAN(333026)
11. Shriballab Bissa
S/o Shiv Shanker Bissa
NEET Roll No 86114871
Bhani Ki Badi Nathusar
Bas Bikaner RAJASTHAN (334001)
12. Mohit Saini

S/o Dev Karan Saini NEET Roll No 86111208


C4,Anand Vihar Station Road Chirawa,
Jhunjhunu RAJASTHAN(333026)
13. Kritika Gupta D/o R K Gupta
NEET Roll No 83900401 Scheme No 114,Part 2,AB Road
Indore Madhya Pradesh (452010)
14. Rahul Choudhary S/o Kailash Chand
NEET Roll No 86123801 VillagePost Chharsa, Tehsil
Sahapura, DistrictJaipur RAJASTHAN(303120)

15. Hitesh Kumar Saini


S/o Tarachand Saini
NEET Roll No 86132234 Village Barrod,
Tehsil Bahror District Alwar RAJASTHAN (301020)

16. Mukesh Kumar S/o Sheetla Kumar


NEET Roll No 64106179 Village Nidura,
Post Kurebhar District Sultanpur, (U.P.) 228151

.....Petitioners
VERSUS
1. Union of India
Through its Secretary,
Ministry of Health & Family Welfare
Nirman Bhawan,
C- Wing, New Delhi- 110001
2. Medical Counselling Committee
Through its Secretary
Suite No- 550, Hotel Crown Plaza,
New Friends Colony,
New Delhi- 110025

3. Directorate General of Health Services


Nirman Bhawan, C- Wing, New Delhi- 110001.

4. Medical Council of India


Through its Secretary
Pocket 14, Sector 8,
Dwaarka, New Delhi- 110077.

5. Dental Council of India


Through the President
ALL ARE CONTESTING
RESPONDENTS
A PUBLIC INTEREST LITIGATION UNDER ARTICLE 32
OF THE CONSTITUTION OF INDIA
TO
HONBLE

THE

CHIEF

JUSTICE

OF

INDIA,

AND

HIS

LORDSHIPS COMPANION JUSTICES OF THE HONBLE


SUPREME COURT OF INDIA
THE

HUMBLE

PETITION

PETITIONERS ABOVE NAMED

OF

THE

MOST RESPECTFULLY SHOWETH:1. By this Writ Petition, the Petitioners seek to invoke
the writ jurisdiction of this Honble Court under Article
32 of the Constitution of India for the issuance of
Writ of Mandamus directing the Respondents No.2 &
3 not to transfer/ surrender vacant under- graduate
seats of 15% All India Quota Medical/ Dental to
States specifically reserved for the candidates of
National Eligibility cum Entrance Test (NEET) 2016 on
the ground that transfer of vacant seats to states will
dilute the ultimate object of giving full effect to 15%
quota and thereby causing undue hardship to the
meritorious candidates such as Petitioners to enter
into the prestigious medical colleges in the country
due to acts of omission and commission at various
levels in the counseling process.

The Petitioners in the present writ petition are


students/ candidates who participated in NATIONAL

ELIGIBILITY CUM ENTRANCE TEST-I & II (UG), 2016


which

was

Secondary

conducted by the
Education,

Delhi

Central
for

Board

admission

of
to

MBBS/BDS Courses in Medical/Dental Colleges run


with the approval of Medical Council of India/Dental
Council of India under the Union Ministry of Health
and Family Welfare, Government of India.

2. The Petitioners are under apprehension that despite


being meritorious candidates, the vacant seats will
stand transferred/ surrendered to states due to
withdrawal/ abandonment of All India quota seats by
the NEET candidates who are eligible under the state
quota as well and waiting for the pending counseling
to be completed by states.
3. The

effect

of

the

non-

joining,

resignation/

cancellation of admission or abandonment of the


aforesaid seats by those students who lock their
seats after the last counseling are that the same shall

automatically stand transferred to states as per the


directions

of

this

court

through

its

various

pronouncements. This will deprive those candidates


such as petitioners who are relatively high in the
merit list of NATIONAL ELIGIBILITY CUM ENTRANCE
TEST-I & II, 2016 and waiting to get admission in
such vacated seats which otherwise would revert
back to the State quota. This will effectively reduce
15% All India Quota and increase the already high 85
% state quota.
4. The Respondent no.1 is Ministry of Health & Family
Welfare, which governs the process of counseling
through its subordinate department and bodies.
Respondent

No.

2,

is

the

Medical

Counseling

Committee, which is the authorized body for All India


Quota Under Graduate Medical/ Dental Seats online
allotment process-counseling. Respondent No. 3 is
the Directorate General of Health Services works
under the guidance of MCC for smooth functioning of

the counseling process. Respondents Nos. 4 & 5 are


Medical Council of India and Dental Council of India
which are the governing bodies for All Medical and
Dental Colleges in India.
5. That the facts leading to the filing of the present Writ
Petition before this Honble Court are as follows:
5.1 The Honble Supreme Court of India vide order dated
12.02.16 in I.A. No. 10/2016 in I.A. No. 16/2012 in
Civil Appeal No. 1944 of 1993 stated that All India
quota seats remaining vacant after last date for
joining i.e. 9th August will be deemed to be converted
into State Quota. Further, it is stated that the annual
Time Schedule for the completion of admission
process of the First MBBS course will happen
between 6th July to 15th July and that the last date of
joining for the 2nd round of counseling admission is
August 9th. In the light of the promulgation of the
NEET ordinance and subsequently the conduct of
NEET- II, 2016, the time schedule for the completion
of admission process of the First MBBS course cannot

be followed as per ANNEXURE P-1 (Page No. __ to


___).
5.2 The Honble Supreme Court further mentioned that
there will be only two rounds of counseling as
against Chapter- 6 of the Information Bulletin of
NEET-II which states as follows:
The merit list of the eligible and successful
Candidates who have opted for 15% All
India quota seats will be prepared by the
CBSE on the basis of score obtained in the
NEET II - 2016. The merit list will be equal
to

the

number

of

seats

available

for

allotment in MBBS/BDS courses under 15%


All India Quota. There shall also be a
waiting list equal to 4 times of the merit
list. The list of successful candidates (Merit
List/Waiting List) shall be forwarded to the
Directorate General of Health Services
(Medical Examination Cell), Ministry of
Health

and

Family

Welfare,

Government of India for the purpose of


allotment of seats by Online Counseling to
15% All India Quota Seats.
Chapter- 6 of the Information Bulletin of NEET-II,
2016 is annexed hereto and marked as ANNEXURE
P- 2 (Page No. ____ to ___).
5.3 On 17.08.2015, the result of All India Pre- Medical/
Pre- Dental Entrance Test 2015 was declared. While
declaring the result, wait list of four times of the
seats has also been prepared and provided to the
Directorate

General

of

Health

Services

for

the

purpose of counseling. Accordingly, the total number


of candidates placed in merit and wait list are 18,610
i.e. four times of the available seat for the exam.
That the candidates from All India quota in the Govt.
Medical Colleges in the State recognised by MCI left
the seat of AIPMT quota after joining the Medical
college of their own state and thereby closing the
doors for the remaining students who were then

eligible to enter into the Medical/

Dental for their

admission under the All India quota.


It is to be seen that a candidate who is eligible under
the state quota has a dual option to exercise. In the
first scenario the candidate has the legitimate right
to regain the All India quota and take admission as
per his choice of college under the allotment after
Round 3 as per the previous schedule. In the second
scenario the candidate can resign/ abandon his seat
and go under state quota and take admission as per
allotment by State authorities.
If a candidate chooses to exercise second choice in
that scenario his seat under All India quota stands
vacated after the last counselling. Presently, there is
no provision of further counselling of such vacant
seats to those candidates who were found eligible
with high rank and merit also as per NEET, 2016
ranking. Also, now as per the order of the court, the
counselling process is limited only up to two stages
thereby raising every possibility of transferring the

maximum number of seats to the State quota by the


Respondent No.2 not keeping in mind the limits of All
India 15% quota seats.
5.4 On 28th September, 2015 , the Honble Supreme
Court passed the following order :
(i)
That All India Quota shall remain 15%.
(ii)
The admissions shall be strictly in accordance
(iii)

with merit.
While making the admissions the directions
contained in para 19 of Mridul Dhar(Minor) &
Anr. V. Union of India & Ors. [(2005) 2 SCC
65] shall be borne in mind.

Also, it was stated that MCC shall ensure the


compliance of the aforestated directions.
Thereafter MCI filed a submission for Counselling
Schedule for the Medical and Dental courses herein
as per court order dated 18 th January, 2016 In
compliance of the directions of the Honble Supreme
Court order dated 12.02. 2016 in I.A. No. 10/2016 in
16/2012 in Civil Appeal No. 1944 of 1993 by Anand
S. Biji v. State of Kerala & Ors and Honble Supreme

Court Order dated 18.01.2016 in Writ Petition (Civil)


No. 76 of 2015 entitled Ashish Ranjan

and Ors. V.

Union of India and Ors. herein marked as ANNEXURE


P-1 (Page No. __ to ___).

5.5

As per the court order, the Scheme of All India Quota


Post Graduate Courses online Counselling (allotment
process) had been revised through the guidelines
given by MCC.

5.6

In compliance of the order dated 18.01.2016, Post


Graduate
completed.

Medical
And

and
after

Dental
the

two

Counselling
rounds

of

was
the

counselling process 1848 seats were surrendered to


the respective states as per as per ANNEXURE P(Page No. __ to ___).

5.7

That when the counselling process is limited to two


rounds of counselling more number of seats are
surrendered from the All India Quota to the state

quota and thereby it tantamount to minimising the


All India Quota seats which directly goes under the
order of the Honble Supreme Court in Kritika Nigam
v. Union of India & Anr.
The details of PG MEDICAL SEATS REVERTED BACK
TO STATE after conclusion OF ROUND 3 OF AIQ was
1447 and that the details of PG Medical Seats
reverted back to State after Conclusion of 2nd Round
of AIQ-2016 was 1848 as per ANNEXURE P- (Page
No. __ to ___).

5.8

It is to be noted that after the last counselling i.e. 2 nd


counselling as per NEET, 2016 and 3rd counselling as
per the previous AIPMT Exam, there remains two
categories of candidates- one who are eligible under
All India quota as well as State quota. Second are
those candidates who have secured high ranks are
eligible also under All India quota but did not
participate in State medical examinations due to

various reasons or stands ineligible due to low ranks.


The candidate who falls under second category is
eligible under All India quota but cannot get allotted
seats due to the blockage of the same by those
candidates who fall under category one. If the
candidate in category one opt for state quota after
the last counselling, he will deprive the candidate of
the category two to enter into medical college under
All India quota. This is a peculiar situation which
came for consideration before this Court in various
cases in respect of different examinations.
5.9 Previously in AIPMT exam, 2015 due to rescheduling,
the effect was that MCC reduced the time gap
between various rounds of the counselling and also
gave limited time to candidates to report to their
respective colleges which were allotted under All
India quota after the completion of various rounds of
counselling. Similarly, this time the NEET exam 2016
was conducted in two phases i.e. AIPMT-2016/NEETI which was conducted on 1st May, 2016 and NEET-II

which was conducted on 24th July, 2016. In such a


situation, the time schedule for completion of the
Admission Process for First MBBS course cannot be
followed

as

per

the

directions

of

the

Honble

Supreme Court of India vide order dated 12.02.16 in


I.A. No. 10/2016 in I.A. No. 16/2012 in Civil Appeal
No. 1944 of 1993 which might result in reducing the
time gap between the counseling rounds of NEET
exam 2016 and transferring more seats from All
India 15% quota to the state quota.
5.10 It is pertinent to note in this regard that the states
are also under obligation to follow the time schedule
as directed by this court in the case of Mridul Dhar
(Minor) & Anr. V. Union of Inida & Ors., (2005) 2 SCC
65.
5.11 That the actual reason for seats stands vacant after
the last counselling of All India Quota seats goes to
the arbitrary fixation of the counselling schedule by
various

State

Colleges/

Universities

and

non-

adherence to the time schedule by the authorities.

For example, Banaras Hindu University issued a


notice dated 02.09.2015 informing the candidates
that the first counselling for admission will start from
23.09.2015 to

24.09.2015. If a candidate

has

blocked the seat under All India quota after the last
counselling and opted for BHU post counselling his
seat under All India quota will stand vacant and the
same cannot be offered to the next eligible /
meritorious candidate in the waiting list because the
counselling for All India quota seats ended far before
the

counselling

for

state

quota

seats,

in

this

particular case, the BHU first counselling. This seat


so

stands

vacant

will

then

be

transferred/

surrendered under the state quota. The effect of the


transfer of All India quota seats to the State quota is
that those students who did not appear in the
medical entrance test at the national level but
appeared in the State Medical Examination becomes
eligible for the vacant seat as transferred from All

India quota to the State quota. Thus, if the plight is


analysed broadly, then it is to be deduced that the
candidate who takes pain and effort to appear for the
medical exam at the national level is not getting his
All India quota seat which he rightly deserves and
that the same seat stands transferred to the state
quota due to the vacancy created by the candidate
successful in national level as well as state level
medical

entrance

exam.

Thus,

at

present

the

candidates who are successful in the state level


medical entrance test are reaping fruits of the labour
put in by the candidates appearing for the national
level

entrance

exam

and

that

the

candidates

appearing or clearing the national level medical


entrance exam only and securing low ranks in the
merit list of the exam suffer from the irreparable loss
of not getting a seat in any medical college due to
the transference of seats from the All India quota to
State quota.
5.12 In this context it is relevant to point out that as per

AIPMT 2015 records total 875 seats stand vacant


and later on transferred to the State quota. There
are total 3200 seats available under All India quota
out of which 1/3rd seats were given to State quota
due to non adherence to time schedule by the State
colleges/ universities in conducting counselling for
the admission process and not following a uniform
time schedule for completion of counselling both at
the State and National level simultaneously. A copy
of the details of UG seats vacant due to non- joining/
resignation

reverted

(surrendered)

to

states/

universities on 17.09.2015 at 11:30 am after 3 rd


Round AIQ UG Counselling 2015 issued under RTI
Inquiry

dated

14.12.2015

marked as ANNEXURE P-

annexed

hereto

(Page No.

and
to

)
5.13 That every year seats are lying vacant under All
India quota and later on transferred to the State
quota and Respondent No. 2 & 3 transfer/surrender
the vacant seats (if any available) to the State

quota. Moreover, the Respondent No.2 as per the


notice dated 10.09.2015 informed the public at
large that all seats under All India quota were
exhausted but the same was not a true position
because the actual availability of vacant seats
under All India quota can be determined only when
once all the students who locked the seats under
All India quota reports to their respective colleges.
The counseling rounds of the All India quota ends
much prior to the State counseling rounds thereby
denying the right to admission under All India
quota to the candidates in the Waiting List as per
the merit which amounts to not giving full effect to
the All India quota. Thus, the whole purpose of
conducting the medical entrance exam at the
national level for 15% quota for getting the best
talent turns out to be a futile exercise.
5.14 With minute speculation, it has been analysed that
in order to handle the problem of locking and
blocking of seats of All India quota, the last round

of counseling ought to be offline so that the actual


intention of the candidate becomes crystal clear
with respect to his joining or non- joining of the
Medical College through All India quota seat.
6.

That the Petitioner has got no other alternate or


efficacious remedy except to file the present Writ
Petition before this Hon'ble Court, by invoking
Article 32 of the Constitution of India. Petitioners
are filing the present Writ Petition, on the following
amongst other Grounds without prejudice to each
other.
GROUNDS
A.

The NATIONAL ELIGIBILITY CUM ENTRANCE


TEST-I

&

II,

2016

is

conducted

for

the

academic session 2016-17, for admission to


MBBS/BDS Courses under 15% All India Quota
seats and also for the seats under the control
of

participating

States/

Universities

/Institutions in the academic session 2016-17.

The

aim

and

object

of

NEET

(previously

AIPMT) is to give full effect to All India quota


to the eligible and meritorious candidates
being best of the best in the Country.

B.

Non adherence to the aim and object of AIPMT


(now NEET) by those bodies who are given
duty

to

conduct

the

same

in

fair

and

transparent manner will tantamount to not


giving full effect to the All India quota.

C.

That the genuine/ eligible candidates may be


deprived of seat in All India Quota despite
securing fairly high ranking on merits in NEET
exam 2016.

D.

There is no rational or logic for transfer of All


India quota seats to state quota and the same
lacks reasonable intelligible differentia under

Article 14 of the Constitution of India.

E.

None

of

the

Respondents

ever

made

an

attempt to give warning to State authorities to


abide by the time schedule of the counseling.

F.

Due to the absence of the requisite correct


information regarding the available seats on
time, the meritorious students looking for
admission from the All India quota seriously
gets prejudiced.

G.

That the transfer of seats to the states will


amount

to

violation

of

Article

14

of

the

Constitution of India.

H.

That the 15% seats under All India quota


cannot be permitted to be made ineffective
and many of the seats from this quota are

reverted back to the States/Union Territories.


It is submitted that full effect must be given to
the All India quota by all possible means.
Every possible attempt should be made by the
Respondents that minimum to minimum seats
should be (if any available) given to the States
due to the availability of the vacancy.

I.

That the vacant seats which are meant for All


India quota must be allotted to the wait listed
candidate as per their merit in the All India
quota. Attempt should be made bare minimum
number seats should lapse.

K.

That the time gap between the counseling


rounds

of

the

increased

and

counseling

for

conducted

only

All

India

that
All

quota

shall

be

last

round

of

quota

shall

be

the
India

before

one

week

of

the

scheduled time given for the State Quota


Counseling and not before.

L.

That in order to handle the problem of locking


and blocking of seats of All India quota, the
last round of counseling ought to be offline so
that the actual intention of the candidate
becomes crystal clear with respect to his
joining or non- joining of the Medical College
through All India quota seat.

M.

That the States are under Court obligation and


they should take timely action so that the
seats under All India Quota to a great extent
may not lapse.

N.

On account of non-adherence of the time


schedule
creates

by
utter

the

State

chaos

and

authorities
confusion,

which
it

is

apparent to stick to All India quota and that


non compliance by States prove detrimental to
the interests of the candidates participating in
the medical entrance exam at the national
level.

O.

It is submitted that despite various decisions


of this Court and laying down of time schedule
for completion of admission process, the time
schedule has not been adhered to at various
stages

by

otherwise

various

authorities

avoidable

resulting

discontentment

in
and

hardship to the candidates. The observance of


the time schedule is paramount for effective
utilization to All India Quota of medical and
dental seats.

P.

That in the light of promulgation of the NEET


Ordinance, 2016, this time the NEET exam 2016

was

conducted

in

two

phases

i.e.

AIPMT-

2016/NEET- I which was conducted on 1 st May,


2016 and NEET-II which was conducted on 24 th
July, 2016.
schedule
Process

In

for
for

such

completion
First

MBBS

situation,
of

the

course

the

time

Admission
cannot

be

followed as per the directions of the Honble


Supreme

Court

of

India

vide

order

dated

12.02.16 in I.A. No. 10/2016 in I.A. No.


16/2012 in Civil Appeal No. 1944 of 1993 which
might result in reducing the time gap between
the counseling rounds of NEET exam 2016 and
transferring more seats from All India 15%
quota to the state quota. Therefore, in the
present circumstances, there is an imminent
need

to

give

fresh

time

schedule

for

completion of the Admission Process for First


MBBS course.
Q.

It is a settled law that denial of a seat in

college

of

choice

on

the

basis

of

one's

meritorious position leads to frustration and


results

in

injustice

to

Candidates.

The

admission to a professional course based on


merit position is paramount for the career of a
student.

The

omission

and

commission

in

respect of admissions adversely affects the


career of meritorious students in their not
getting \ admission in the college of their
choice. Any frustration and feeling of injustice
at

an

impressionable

age

at

which

the

students compete in All India Competition is


neither desirable from the point of view of
either the young students nor for, country's
future. [See Mridul Dhar (Minor) & Anr v.
Union of India & Ors., (200S)2SCC65).

R.

That Respondent No.5 has failed to follow the


statutory obligations cast on it. It is the candid

duty of the Respondent No.5 to ensure that


the examining bodies fix a time schedule and
the same must be follow in letter and spirit. In
Medical Council of India v. Madhu Singh and
Ors (2002)7SCC 258, while making it clear
that no admissions can be granted after the
scheduled date, which essentially should be
the date for commencement of the course,
MCI was directed to ensure that the examining
bodies fix a time schedule specifying the
duration,

of

the

commencement
admission.
different

It

course,
and

was

modalities

the

the
further
for

date

last

of

date

directed

admission

can

its
for
that
be

worked out and necessary steps like holding of


examination if prescribed, counseling and the
like have to be completed within the specified
time and no variation of the schedule so far as
admissions' are concerned shall be allowed. In

case

of

any

deviation

by

the

institution

concerned, action as prescribed shall be taken


by MCI.

S.

The

arbitrary

liberty

granted

to

State

authorities to fix the time schedule and to


follow the as per their whims and fancies is
the main cause for the present chaos. The
State authorities must be put under obligation
to abide by the time schedule.

T.

It is the duty of the Respondents to direct all


State Governments, universities, medical and
dental institutions in the country and any
other authorities concerned to strictly abide by
the time frame for completion of each of the
stages of admission process indicated in the
time schedule.

U.

The

attempt

has

been

made

by

various

authorities to effectively reduce 15% All India


Quota seats and increase State quota seats. It
is in clear cut violation of the principles of
natural justice and judicial principle where
Court has made it clear that what cannot be
done directly cannot be done indirectly.

V.

Because it is a settled law that every student


who

participated

in

the

competitive

examinations has a right to receive fair play in


the examination and get marks matching his
performance. He should be allowed by all fair
means to get seats if he is eligible and
deserves rightly. Due to non compliance of the
orders/ directions/ guidelines by the third
parties a genuine student must not be send
back to suffer a setback in his career.

W.

Because Respondents are under obligation to


conduct examination in such a manner which
is transparent, fair and secret so that the best
merit or talent of the candidates/ students can
be tested and those who are more suited for
the college/university for which selection is
made can be selected based on merit.

X.

Because in this process faith of almost four


lacs students are under consideration. This
Hon'ble Court is well in its power to invoke its
extra ordinary jurisdiction and should serve as
a lesson to all those who failed to abide by the
directives of this Court.

Y.

Because it is clear that in the conduct of the


examination,

fair

procedure

has

to

be

adopted. Fair procedure would mean that the


candidates taking part in the examination

must be capable of competing with each other


by fair means.

Z.

Because

innocent/

genuine

students/

candidates should not be made to suffer for


the crime or guilt of some such unscrupulous
people who have inflicted serious injury to
hitherto an honest system of evaluating the
merit of the students.
AA. For utilization of All India Quota to its fullest
extent,

another

vital

stage

of

admission

process is timely reporting to DGHS by' Deans


or

any

other

authority

whatever

be

the

designation responsible for giving information


as

to

the joining and/

students

after

first

or

round

non-joining of
of

counseling/

admission of the State quota seats.

8.

That the Petitioners have not filed any other or

similar Petition before this or any other court in


respect of the issues raised in the present Writ
Petition.
It is most respectfully prayed that this
Honble Court may kindly be pleased to:
PRAYER
A).

Writ,

Order

or

Direction

in

the

nature

of

mandamus directing the Respondents' No. 2 & 3


to not to transfer/surrender the 15% All India
quota vacant seats from now on to the state
Government Medical colleges/universities;

B)

Writ,

Order

or

Direction

in

the

nature

of

mandamus directing the Respondents to also


give the full effect to the All India quota seats
falling vacant after completion of all state
medical

colleges/universities

final

counseling

only to eligible students in the waiting list/ rank


list of the NEET exam;

C)

Writ, Order or Direction in the nature of


mandamus directing the Respondents' No. 2 & 3
to increase the time gap between the All India
Quota Counseling rounds and that the All India
Quota last counseling round shall be conducted
a

week

before

the

state

quota

round

is

scheduled by the concerned authorities; and

D)

Writ,

Order

or

Direction

in

the

nature

of

mandamus directing the Respondents' No. 2 & 3


to increase the number of counseling rounds from
2 to 3 and also that the last round of counseling
shall be conducted via offline mode so as to give
full effect to the All India 15% Quota ; and

E) Pass such other and further orders as this Court


may deem fit and proper in the facts and
circumstances of this case;

AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL


AS IN DUTY BOUND EVER PRAY.
Filed by-

FILED ON: __.08.2016

Advocate for the Petitioner

IN THE SUPREME COURT OF INDIA


CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO.

OF 2016

IN THE MATTER OF:


& Ors.

Petitioners
Versus

Union of India & Ors.

Respondents
AFFIDAVIT

I, Subhash Kumar S/o Biltu Yadav r/o H No. 332,VillageKapashera


Mother Land Public School, Gali No 3, District South West New
Delhi(110037) presently at New Delhi, do hereby solemnly and
sincerely affirm and state on oath as follows:

1.

That I am the Petitioner in the above mentioned Writ Petition


and I am well acquainted with the facts of the case, as such
I am competent to swear this affidavit.

2.

That I have read the averments in paras 1 to __ of the


Petition for Writ Petition Pages (__ to__) and the facts stated
in Pages (B to __) of the synopsis and list of dates and I.A.s.

and state that they are true to the best of my knowledge


and belief.

3.

I say that the Annexures filed with the Writ Petition are true
copies of their respective originals.

4.

I say that the facts stated herein are true to my knowledge


and belief, no part of it is false and nothing material has
been concealed therefrom.

DEPONENT
VERIFICATION
Verified at New Delhi on this ___ day of August, 2016 that
the contents of the foregoing affidavit are true and correct to the
best of my knowledge & belief nothing material has been
concealed there from.
DEPONENT