The issue emerged after a candidate who got admission to DM (Neurology) in Government Medical College, Kottayam resigned on 16.05.2022 and joined AIIMS, New Delhi. The said seat was not included in the mop up round.
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Following this, the petitioner approached the High Court and prayed for a direction upon the GMC to report the vacancy arose due to the resignation of the doctor and report the said vacancy to the Directorate General of Health Services (DGHS) and the Medical Counselling Committee (MCC). The petitioner further prayed for a direction upon MCC for conducting a mop-up round for the said vacancy of DM(Neurology) at the Government Institute.
However, the counsel for the Central Government opposed interim relief and pointed out that the petitioner has not exercised his option for the said seat. Taking note of this, the Judge noted that it cannot be a reason not to fill up a seat in a Super Speciality Course of DM (Neurology).
Referring to the Supreme Court's earlier order, the HC bench noted, "The Hon'ble Apex Court as per order dated 09.05.2022 directed that the mop up round for All India Quota shall be held for all the unfilled/stray/vacancies superspeciality seats subject to the condition that any Doctor, who has joined a seat under earlier round shall not be eligible for participating in the mop up round and that since the mop up round is being held, a suitable extension of time may be granted for completing the admission."
The court noted that in the ordinary course, going by the directions of the Apex Court, the said seat also ought to have been included in the mop up round.
Besides, the bench also noted that the petitioner was not a candidate who had joined a seat in the earlier rounds and as a result he was qualified for practicing in the mop up round.
Therefore, issuing the interim order, the bench ruled,
"In the facts of the case, there will be an interim order directing respondents 1 and 2 to conduct a mop up counseling for the seat of DM (Neurology) available in the Government Medical College, Kottayam. It shall be done within a period of one week. This interim order will be provisional and subject to further orders of this Court."To read the Court order, click on the link below.
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