Thread by @barandbench

#SupremeCourt to shortly hear a plea challenging the decision of AIIMS, New Delhi to cancel the open and on-spot rounds for INI-CET (Institute of National Importance Combined Entrance Test) July 2022 session #AIIMS @advocate_tanvi

AIIMS in a reply has told the #SupremeCourt that "petitioners took a calculated risk and opted to not take those seats after the second round of counselling and persist in looking for other opportunities," and that this plea was to avoid result of their own "poor decisions"

#AIIMS has cautioned the court that entertaining this plea would lead to "doctors resigning from departments already assigned to them and the same will have adverse impact on the overall patient care throughout the participating institutions across India" #SupremeCourt #INICET

Sr Adv Gopal Sankarnarayanan: This year during the second round they realise Ashish Ranjan judgment is not complied with and do away with the open round.

Justice SK Kaul: You are concerned with the open round allotment:

Sr Adv GS: seats are never carried forward and it has to be filled now

Sr Adv Sankaranarayanan: We have AIIMS who's conducting. Who's not abided by it. They suddenly decide

They change the standing counsel. There's a delay.

#SupremeCourt #AIIMS

Court: We do feel that seats should not be vacant.

AIIMS: they will be added next year.

Court: If tomorrow, you don't fill half seats and take next year, infrastructure will be unutilised this year and doubled next year.

#SupremeCourt #AIIMS

AIIMS: The court was aware of everything. Thereafter, the court said we are not inclined..

Sr Adv Sankaranarayanan: Your Lordships may notice the discrepancy between the figures..

Judges discuss.

#SupremeCourt #AIIMS

AIIMS: they are seeking review of this order.

Sr Adv Sankaranarayanan: there is a change in circumstances!

#SupremeCourt #AIIMS

AIIMS: I question the locus of these petitioners.. except 1.

Court: But he could have participated in open round. If it was held, some students would have gotten admission. Now next year, they'll have to take the exam again.

#SupremeCourt #AIIMS

Sr Adv Sankaranarayanan: this court did not know..

Court: Virtually, you're seeking a review. We can't pass a contrary order.

#SupremeCourt #AIIMS

Court: Only thing we can do is place your matter before the same bench. See if they will reconsider.

The time factor is running against you.

#SupremeCourt #AIIMS

Court: What is troubling us is that the stopping of the open round has resulted in 454 seats being vacant. Courts must be cognizant of this problem, every year there's a new problem. That's concerning us.

#SupremeCourt #AIIMS

Court: We'll record a short order explaining the controversy and put it before the same bench.

#SupremeCourt #AIIMS

Sr Adv Sankaranarayanan: They have violated Ashish Ranjan for one and a half rounds! I have serious grievance.

#SupremeCourt #AIIMS

Order: students are seeking admission in speciality courses of medicine alleging that open round has not taken place. What persuaded us to issue notice was large number of vacant seats. The stand of respondents also confirms this aspect.

#SupremeCourt #AIIMS

Order: The rationale for timeline not being adhered to is stated to be the order of 13.05.2022 passed by this court for roster based points which is stated to have required entire overhaul of software.

#SupremeCourt #AIIMS

Order: The impediment in the way of respondent is rejected relaxation of time by this court by order dated 16.09.22.

#SupremeCourt #AIIMS

Order: There were delays in holding the open round allotment in July 2021 and Jan 2022. More than half seats have remained vacant.

#SupremeCourt #AIIMS

Order: 62 per cent seats are non clinical. It's also their stand that petitioners 1, 2 and 5 were allocated seat of their choice but did not join. It is accepted that if open round did not take place they would have had opportunity.

#SupremeCourt #AIIMS

Order: We put to the ld counsel that any order sought from this court would run contra to the order aforesaid.

#SupremeCourt #AIIMS

Order: Matters required to be placed before the same bench subject to orders of the CJI, registry may obtain orders from the CJI.

#SupremeCourt #AIIMS