2.7. In compliance with the above order, DGAFMS issued letters to the last three candidates in the merit list for Priority-III candidates to inform them that their seats would have to be offered to Petitioners No. 10, 13 and 15. In response, the said last three candidates approached the Court by way of an application [CM APPL. 48794/2023], seeking fresh counselling. On 21st September, 2023, while considering the application, this Court observed that the DGAFMS had ousted the said applicants from Priority-III so as to offer them seats in Priority-V. The applicants were neither considered under Priority-III nor Priority-IV – so as to not disturb counselled seats. However, the learned Single Judge held that the applicants must be offered available seats prior to the same being offered to Priority-IV candidates. It was noted that earlier, on 11th September, 2023, the Court had already directed recounselling for both categories, Priority-III and IV, as necessary, to honour the merit amongst respective categories. Accordingly, it was directed that recounselling for Priority-III and Priority-IV category be conducted as per the inter se priority of the candidates, and the three applicants be offered seats prior to allotment of seats to Priority-IV category.
