Case Brief: Supreet Batra vs. Union of India and Ors.

Deciding Authority: Supreme Court of India
Judges on the Bench: Justice  S. Rajendra Babu, Justice  D.M. Dharmadhikari &  Justice G.P. Mathur
Date of Judgment:  27th January, 2003
Facts of the Case:  The writ petitions have been filed in the Supreme Court and has been  contended that selection or counselling has not been done in some States and therefore, they would not take full advantage of IInd round of counselling. The candidates from these States who have been allotted seats in the first round of allotment may not have been given the course or college or place of their choice and in case later on they get the allotment of their choice under the State quota, then they will vacate the seat allotted to them under the All-India Quota. Hence they apprehend that more than 700 seats will fall vacant once the counselling is conducted in the aforesaid States. Therefore, it is submitted that a IIIrd round of counselling is required to be held in the special features of the case and that the vacant seats, if any, should arise in the 15 per cent All-India Quota seats should not be allowed to revert back to the States/Colleges after 7th August, 2002 and that instead of successful and meritorious candidates in the All-India Quota should be allotted these seats and pass such other orders as may be necessary.
Judgement of the Case: he contention of the petitioners is that inasmuch as certain circumstances have arisen in view of change of date in the matter of counselling and date by which intimation of the vacancy position to the Director General of Health Services, the scheme framed by this Court in Sharwan Kumar’s case is not being given full effect with the consequence of seats reverting to States thus frustrating the Scheme framed by this Court. The Supreme Court made it clear that period of validity shall stand extended until the appropriate steps are taken by the concerned authorities in that State. Interlocutory Applications filed shall stand disposed off in view of the order made by us in the main petitions.
Shradha Arora, Chankaya National Law University