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2025 DAILYLAW 125951 (ALL)

DR. MANOJ KUMAR CHAUDHARI AND ANOTHER v. UNION OF INDIA THRU. SECY., MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI AND 6 OTHERS

WRIC/2007/2025 · 2025-02-28

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12036 Court No. - 19 Case :- WRIT - C No. - 2007 of 2025 Petitioner :- Dr. Manoj Kumar Chaudhari And Another Respondent :- Union Of India Thru. Secy., Ministry Of Health And Family Welfare, New Delhi And 6 Others Counsel for Petitioner :- Achyuta Nand Verma,Sharda Verma,Shravan Kumar Verma Counsel for Respondent :- A.S.G.I.,A.S.G.I.,C.S.C.,Syed Mohammad Haider Rizv Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioners, Mr. Ashwani Kumar Singh, learned counsel for opposite parties no.1 & 3, whose memo of appearance filed today in Court is taken on record, learned State Counsel for opposite party no.2, Mr. Gyanendra Kumar Srivastava, learned counsel for opposite party no.6 and Mr. S.M. Haider Rizvi, learned counsel for opposite party no.7. 2. In view of order being passed, notices to opposite parties no.4 and 5 stand dispensed with. 3. Petition has been filed seeking the following reliefs: "1. issue a writ order or direction in the nature of mandamus thereby directing to the O.P. No.7 to provide the opportunity to the petitioners for fresh registration of U.P. NEET PG-2024 stray/Mop-up vacancy round counseling with opening the online counseling link of the petitioners on the portal in pursuance of the Chapter-4 and 5 of the Brochure vide dated 09-07-2024 issued by the O.P. No.7 and G.O. dated 09-07-2024 issued by the O.P. No.2 with regard to the U.P. NEET PG-2024 counseling and admission and further direct to the opposite parties to consider the petitioners counseling and given their admission in the Post Graduate Courses of Medical Science. 2. issue a writ order or direction in the nature of Mandamus thereby directing the opposite parties to hold/reserved the seats of the petitioners in the U.P. NEET PG-2024 Academic session during pendency of the present writ petition." 4. Learned counsel for opposite party no.7 on the basis of written instructions submits that earlier the cut off percentile was 15% and that although petitioners were not coming within the cut off percentile in the first round of counseling, they were covered under the reduced percentile of 15% in the second round of counseling but since they failed to apply for the same, they could not be included in the counseling process. 5. It is however submitted that the last stray/mop- up round of counseling is being conducted today i.e. on 28.02.2025. It is also submitted that the National Board of Examination in Medical Sciences, New Delhi has subsequently reduced the cut off percentile further to five percent vide letter dated 25.02.2025 and in pursuance thereof, a fresh stray/mop-up round of counseling may be directed. 6. Learned counsel for petitioners on the basis of instructions however submits that although petitioners were eligible for the second round of counseling, they could not participate in the same owing to the fact that the portal on which registration was to be made, was not available in the last round. 7. Considering submissions advanced by learned counsel for opposite party no.7 i.e. Director General, Directorate, Medical Education & Training U.P. Government of U.P. 6th Floor Jawahar Bhawan, Lucknow, it is provided that in case any fresh stray/mop-up round of counseling is resorted to by opposite parties pertaining to U.P. NEET PG-2024, the petitioners would also be permitted to participate in the same. 8. With the aforesaid observation/ direction, petition stands disposed of. Order Date :- 28.2.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench