Excelsior Correspondent
SRINAGAR, Nov 3: High Court rejected the claim of a candidate for admission in post graduation (PG) course in Government Medical College Srinagar as she has already been allotted the seat for the said course in GMC Jammu.
Justice Sanjay Dhar while dismissing the plea of the candidate recorded that once a candidate joins in 3rd round of counselling in All India Quota (AIQ) and is allocated a seat in PG medical course he or she cannot be allowed to resign and allowed to participate in further rounds of counselling for admission under state quota.
The candidate was seeking direction for granting admission to her in PG course in Anatomy in Government Medical College, Srinagar instead of GMC Jammu based on her choice and ranking.
Her case before the court was that in the NEET PG examination she was allotted a seat in PG Anatomy in Government Medical College, Jammu, in 3rd round of counseling conducted by Medical Counseling Committee for All India Quota but later she has expressed her willingness to participate in 3rd Mop-up round of counseling against the seats under the State quota in GMC Srinagar.
After her request for allotment of seat in PG course in GMC Srinagar she was informed that she could not be granted admission in PG Anatomy in GMC, Srinagar, as she had already been selected in PG Anatomy in GMC, Jammu, she approached the court with the instant petition through Senior advocate Zaffar Shah.
The senior counsel pleaded before the court that there was no Rule, Regulation or Instruction in vogue that would disentitle a person who was allotted a seat in All India Quota in 3rd round of counseling from participating in counseling for allotment of a seat under State quota.
The court has considered this question raised by the senior counsel as to whether a candidate whose name figures in the list of ‘joined candidates’ upto 3rd round of PG counseling in All India Quota is entitled to participate in counseling for admission to Post-graduation under State quota.
The court after rules governing the field however made it clear that once a candidate joins in 3rd round of counseling in All India Quota, he/she cannot be allowed to resign from the 3rd round and allowed to participate in further rounds of counseling after joining in 3rd round of counseling of State quota.
The Court also noted that the notice dated 12th July, 2022, issued by the Government of India, Directorate General of Health Services, Ministry of Health & Family Welfare indicated that those candidates who had joined upto round 2nd of All India Quota or State quota would not be eligible to participate in further rounds for All India Quota or State quota from the academic year 2022- 23 onwards.
In response to the contention that the petitioner had been allocated seat in 3rd round of counseling of All India Quota but the notice made a mention about the joining of candidates upto round 2nd of All India Quota only, the court said” The notice dated 12th July, 2022 provides for participation of those candidates in the counseling who have not joined upto 2nd round, meaning thereby that the candidates who have joined in 2nd round of counseling or thereafter either in All India Quota or State quota can in no circumstances be allowed to participate in further rounds of counseling in All India Quota or in State quota”.
Court said the position of the petitioner, who has joined in 3rd round of counseling in All India Quota, is even worse than the candidates who have joined upto 2nd round of counseling. Therefore, she could not have been allowed to participate in the counseling after she had joined in the 3rd round of counseling in the All India Quota.
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