Saturday, August 3, 2013



We have heard learned counsel for the parties and
in modification of the order dated 23rd March, 2012
passed by this Court in I.A.No. 16 in C.A. No. 1944 of
1993 titled Anand S. Biji Vs. State of Kerala & Ors.,
we direct that a 4th round of online allotment process
will be conducted for the seats in medical
postgraduate courses remaining vacant in the all India
quota and the same will be completed by 21st August,
2013. In this 4th round of online counseling, the
candidates who had given willingness for participation
in the 3rd round of counseling for the purpose of
upgradation will also be permitted to participate as
they were not aware that there will be a 4th round of
online counseling. Rest of the directions including
the direction in condition No. 11 in the aforesaidWP(C) No. 433 of 2013 2
order dated 23rd March, 2012 will remain in force and
we clarify that after the 4th round of counseling, the
seats remaining vacant shall be deemed to have been
surrendered back to the respective States as per
condition No. 12 of the order dated 23rd March, 2012.
2. This order has been necessitated by the fact
that the counseling process by the State Governments
all over the country has been delayed and has been
passed with regard to all India quota available in the
different colleges of the State Governments in the
country and will not apply to private colleges. If
necessary, the respective colleges will ensure that
the required number of classes as prescribed by the
M.C.I. are undertaken by the students who are now
going to be admitted pursuant to the 4th round of
counseling. We also make it clear that this order has
been passed in the peculiar facts and circumstances of
this year and will not be treated as a precedent.
3. In this writ petition, we would like to hear
all the States as to why the direction in the
aforesaid order dated 23rd March, 2012 that the seats
remaining vacant shall be surrendered to the
respective States should not be modified considering
the fact that almost every year, the counseling
process has been delayed by the States. For this
purpose, we fix the matter for hearing on Tuesday, theWP(C) No. 433 of 2013 3
10th September, 2013. The respective State Governments
may file their affidavits and additional documents, if

any by the said date.

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