NEET PG - Candidates Taking Seat In 3rd Round AIQ Counselling Can't Withdraw Or Participate In Further Rounds : J&K&L High Court

Spotlighting Clause 1.5 of Chapter 1 of the Information Bulletin & Counselling Scheme for NEE-PG (MD/MS/DNB/MDS) Counselling, Justice Sanjay Dhar observed,

“From a perusal of the aforesaid Clause, it is clear that once a candidate joins in 3rd round of counselling in All India Quota, he/she cannot be allowed to resign from the 3rd round and he/she cannot be allowed to participate in further rounds of counselling after joining in 3rd round of counselling of All India Quota”.

The case revolved around a petitioner seeking admission to the Post-graduation course in Anatomy at Government Medical College, Srinagar. The petitioner, having secured 235 marks in the NEET PG examination, was initially allocated a seat in PG Anatomy at GMC, Jammu, during the 3rd round of All India Quota counseling. Later, she expressed her willingness to participate in the 3rd Mop-up round of counseling under the State quota. However, she was denied admission in GMC, Srinagar, as she had already been allocated a seat in GMC, Jammu.

Assailing this denial on the part of the respondents, the petitioner argued that there was no existing rule preventing candidates who had been allocated seats in the All India Quota from engaging in state quota counselling rounds. In contrast, the respondents maintained that candidates, upon joining the third round of counselling under All India Quota, were prohibited from participating in any subsequent rounds, as outlined in the NEET PG Counseling scheme.

Scrutinising the relevant clauses in the NEET-PG (MD/MS/DNB/MDS) Counseling 2023 scheme the bench underscored Clause 1.5, which explicitly stated that candidates joining the 3rd round of counselling in All India Quota were precluded from resigning or engaging in further rounds.

The court also referenced a notice issued by the Government of India on July 12, 2022 and observed,

“As per this notice, those candidates who have joined upto round 2nd of All India Quota or State quota shall not be eligible to participate in further rounds for All India Quota or State quota from the academic year 2022-23 onwards. This means that if a candidate joins upto round 2nd of All India Quota or State quota, he/she cannot participate in any further rounds under any quota”.

Stressing the necessity of a standardized and time-bound admission process, ensuring judicious allocation of seats and averting wastage, Justice Dhar observed that one cannot be permitted to participate in further rounds because if the participation in subsequent rounds is permitted, then it would become an un-ending process.

Justice Dhar further added,

“Besides this, the admission process to PG courses being time specific, there is every possibility that allowing a candidate to participate in different rounds of counselling in an unfettered manner may result in wastage of seats which would not be in the public interest”.

Dealing with the other contention of the petitioner that she did not officially join GMC, Jammu, until October 25, 2023, and this should exempt her from the regulations outlined in Clause 1.5 of the Information Bulletin, the court noted that the petitioner's name was on the list of candidates who had joined as per the list issued by the Directorate General of Health Services, Medical Counselling Committee, New Delhi, prior to the 3rd round of counselling scheduled by J&K BOPEE. Despite not attending duties, she completed admission formalities, making her subject to the aforementioned regulations, the court explained.

Furthermore, the court noted that the petitioner could not participate in the 3rd round of counselling conducted by BOPEE without relinquishing the seat allotted under the All India Quota as the Information Bulletin & Counselling Scheme stated that failing to join the 3rd round resulted in forfeiture of the security deposit and elimination.

“In the instant case, admittedly, the petitioner has not exit nor her security deposit has been forfeited. Therefore, she could not have participated in counselling that was being conducted by JK BOPEE”, the court maintained.

In view of these considerations, the court found the petitioner's writ petition lacking in merit and dismissed it accordingly.

Also Read - NEET PG 2023 | Meritorious Reserved Category Candidates Entitled To Reserved Disciplines If Preferred Choice Unavailable In Open Merit: J&K High Court

Case Title: DR. INSHA ABID Vs UNION OF INDIA & ORS.

Citation: 2023 LiveLaw (JKL) 288

Click Here To Read/Download Judgment