Allahabad High Court

Dr. Yugansh Bhatheja & Ors. v. State of U.P. thru. Prin. Secy. Medical Education Lko. & Ors.

WRIC/5204/2026

Decision date
2026-06-23
Text availability
Full text
Judges
Subhash Vidyarthi

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Judgment text

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 5204 of 2026 Dr. Yugansh Bhatheja And 2 Others .....Petitioner(s) Versus State Of U.P. Thru. Prin. Secy. Medical Education Lko. And 4 Others .....Respondent(s) Counsel for Petitioner(s) : Akash Shukla, Saumya Srivastava Counsel for Respondent(s) : C.S.C., A.S.G.I., Aditya Vikram Singh, Gyanendra Kumar Srivastava, Syed Mohammad Haider Rizvi, Utkarsh Jaiswal Court No. - 3 HON'BLE MANJIVE SHUKLA, J. 1. Supplementary Affidavit filed by the petitioners, short counter affidavit filed on behalf of Respondent No. 2 and counter affidavits filed on behalf of Respondent Nos. 4 & 5 are taken on record. 2. Heard Shri Akash Shukla, learned counsel for the petitioners, learned Additional Chief Standing Counsel for Respondent No. 1, Shri S.M. Haider Rizvi, learned counsel for Respondent No. 2, Shri Gyanendra Kumar Srivastava, learned counsel for Respondent No. 4 and Shri Aditya Vikram Singh, learned counsel for Respondent No. 5.

3. It transpires from record of the writ petition that initially National Medical Commission, vide its notification dated 17.12.2025, disclosed that there are three P.G. seats available in Narayana Medical College and Research Centre, Kanpur and the said seats were included by the Director General of Medical Education in the second round of counselling, which was concluded in between 10.12.2025 to 30.12.2025. Since the seats were disclosed on the official website of the D.G.M.E., certain candidates opted for those seats and later on, they were upgraded in other colleges which resulted in allocation of those seats in favour of the petitioners. The petitioners, after being successful in the conselling were allotted P.G. seats in Respondent No. 5/Medical College and they took admission and started studies in their particular courses. Later on, National Medical WRIC No. 5204 of 2026 2 Commission vide its notification dated 22.01.2026 had informed to the D.G.M.E. and other concerned authorities that the three P.G. seats, on which petitioners have been given admission, were not available in the college.

4. It appears that the entire mess has been created by the officers of the National Medical Commission, New Delhi, and the Director General, Medical Education and Training, U.P., Lucknow and ultimately, petitioners' careers are at stake, as they were already allotted P.G. seats in other colleges and due to upgradation, they were given admission in Respondent No. 5/Medical College and now if their admissions are cancelled, they will even not be able to get admission on their seats earlier allotted to them in other colleges. 5. Shri S.M. Haider Rizvi, learned counsel representing Respondent No. 2/D.G.M.E. and Shri Gyanendra Kumar Srivastava, learned counsel appearing for National Medical Commission, New Delhi, have very fairly submitted before this Court that in the entire matter, there is no fault attributable to the petitioners and therefore, they cannot be penalized and as such authorities are bound to come out with some solution to adjust the petitioners on vacant P.G. seats available in other colleges. 6. Having considered the aforesaid factual matrix and stand of the respondents, I hereby direct the Respondent No. 2 and Respondent No. 4 to sit together and find out some solution of adjustment of the petitioners on the vacant P.G. seats available in other colleges in the State of U.P. and that solution be placed before this Court in the form of affidavit by Respondent Nos. 2 & 4, within five days.

7. List/Put up this matter on 30.06.2026, in the list of fresh cases. (Manjive Shukla,J.) June 23, 2026 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench