NEET-PG Counselling : MP High Court Allows Non-Registered Doctors Who Became Eligible As Per Revised Percentile To Participate
While hearing a plea filed by in-service doctors, the Madhya Pradesh High Court has stayed the Phase II Seat Allotment for NEET PG considering the arbitrary change of procedure in the counselling process. The court also has directed the Department of Public Health and Medical Education, Bhopal to open the portal for registration of candidature of the petitioners.The division bench of...
While hearing a plea filed by in-service doctors, the Madhya Pradesh High Court has stayed the Phase II Seat Allotment for NEET PG considering the arbitrary change of procedure in the counselling process. The court also has directed the Department of Public Health and Medical Education, Bhopal to open the portal for registration of candidature of the petitioners.
The division bench of Justice Sushrut Arvind Dharmadhikari and Justice Anuradha Shuka observed, “…as an interim measure, respondents No.2 and 3 are directed to open the portal for registration of the candidature of the petitioners provisionally subject to final outcome of this petition. The said exercise be done forthwith without any loss of time and the petitioners be also permitted to participate in the MP State Combined NEET PG Counselling (MD/MS Course) 2024 forthwith and the result scheduled to be declared on 07.01.2025 be kept in abeyance until further orders of this Court.”
In the present matter, the petitioners are in-service candidates and have completed MBBS degree and are serving in the rural areas of the State of Madhya Pradesh since last 3 to 11 years. As per the notification issued by the respondent no. 3/Director, Medical Education, Bhopal for counselling for second round of MP STATE COMBINED NEET PG COUNSELING (MD/MS COURSE) - 2024 to fill-up the seats in the MD/MS course was to commence from 01.01.2025 and fresh choice filling and choice locking for second round was to commence from 03.01.2025 to till 06.01.2025 and the results of the second round was to be announced by 08.01.2025.
However, as per the notice dated January 4, 2025 issued by respondent No.1/Ministry of Health and Family Welfare, the eligibility percentile criteria for participating in NEET PG counselling 2024 was lowered down making it to 15 percentile for the candidates belonging to General/EWS category and similarly candidates belonging to SC/ST/OBC/PwD categories to 10 percentile have also been made eligible for participating in the NEET PG counselling 2024. In view of the aforesaid notice, the petitioners have also become eligible to participate in the NEET PG counselling.
It is alleged that instead of providing opportunity to the eligibility candidates in accordance with the new percentile criteria and instead of extending the schedule for ongoing process of second round counselling, Respondent No. 3 chose to prepone the date of declaration of results of second round allotment to 07.01.2025. Thus, it was submitted that respondent no. 3 is not following a uniform policy and acting in an arbitrary manner which has resulting in deprivation of rights of the petitioners to be treated equally in accordance with the Article 14 of the Constitution of India.
On the contrary, the counsel for the respondents submitted that the petitioners have missed the bus since they have not registered themselves for the NEET PG counselling of M.D./M.S. course 2024, therefore, this petition is bereft of merits and substance and is liable to be dismissed at this stage itself.
The court observed, “It is trite law that the rules/procedure as laid down cannot be changed in between. Thus, as per notice dated 04.01.2025, the petitioners cannot be prima facie deprived from participating in the second round of counselling.”
The court thereafter, as an interim measure directed Respondent No. 2/ Department of Public Health and Medical Education, Bhopal and 3 to open the registration portal of the candidature of the petitioners provisionally subject to final outcome of the present petition.
The court also directed the respondents to complete the process without any delay and permit the petitioners to to participate in the MP State Combined NEET PG Counselling (MD/MS Course) 2024.
Meanwhile, the court has stayed the declaration of results until further orders.
Case Title: Dr. Ayush Srivastava versus Union of India & Ors, WP No. 162 of 2025