1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT DB Civil Special Appeal (Writ) No. 279/2010 Dr Aditya Kumar Atreya & ors Versus Rajasthan University of Health Sciences & anr 19.05.2010 Hon'ble the Chief Justice Mr Jagdish Bhalla Hon'ble Mr Justice MN Bhandari Mr SP Sharma – for appellants Dr YC Sharma – for respondent-University Mr Angadh Mirdha – for respondent-MCI BY THE COURT: It is a case where the respondents put in appearance on the first date of hearing of the case. In view of the statements made regarding completion of counselling, prayer for interim relief was treated infructuous. The appellants thereafter filed an affidavit showing that the counselling continued till 10.30 PM. A counter affidavit was filed by respondent No.1 but failed to indicate as to when the counselling came to an end. In view of aforesaid, order dated 12th April, 2010 was recalled. The statement made casually on the instructions of respondent No.1 is deprecated with the warning that in future they will be careful. It is informed that similar appeal came up for consideration before this Bench and has been disposed of by judgment dated 03rd May, 2010 wherein a direction was issued that the respondents may file reply to the writ petition which, in the 2 present case, has already been filed. In view of the aforesaid and looking to the direction in D.B. Civil Special Appeal (Writ) No.302/2010 dated 03rd May, 2010, we dispose of this appeal with the direction to the office to list the matter before the learned Single Judge along with Civil Writ Petition No. 5528/2010 (Dr. Gopal Maheshwari & Ors. Vs. The Rajasthan University of Health Sciences & Ors.) on 20.05.2010, the date already fixed in the connected matter. We expect that the matter would be given priority looking to the judgment of the Hon'ble Apex Court in the case of Mridula Dhar & Anr. Vs. Union of India & Ors. (AIR 2005 SC 666). The appeal stands disposed of as indicated hereinabove. It is agreed by the parties that the counselling shall remain subject to the final outcome of the writ petition. (MN Bhandari), J. (Jagdish Bhalla)CJ bairwa/bnsharma