NEET-PG Counselling : Supreme Court Asks 4 States To Furnish Data To MCC On Plea Alleging Violation Of Court Order

The bench of Justices DY Chandrachud and Surya Kant asked the states to file an affidavit setting out the manner of complying with the Top Court's order dated March 31, 2022.

Although the Top Court did not issue notice, it directed the States to furnish full data of the list of candidates who have already participated in State Quota Round 2 and have joined seats in the same.

The bench also urged Additional Solicitor General Aishwarya Bhati to assist the court to obviate the problems which would arise in future.

Accordingly, the bench in their order said,

"States shall file their replies setting out the manner in which the order of this court dated March 31, 022 has been complied with. We request ASG Bhati to assist the court to obviate the problems which would arise in future. Each of the State Governments shall furnish full data to the Medical Counselling Committee within a period of 2 weeks & respond to further queries to establish whether compliance has been affected as per the orders of the Court."

Senior Advocate Rakesh Khanna appeared for the petitioners and the petition was filed through Advocate Ashutosh Dubey and Abhishekh Chauhan.

It was argued in the petition that the act of the States of Andhra Pradesh, Haryana, Tamil Nadu, Kerala, Karnataka and Telangana to allow the students to resign for participation in AIQ mop-up round was malafide and is an attempt to overreach the powers of the Top Court.

"By virtue of such conduct of the contemnors, those students/ candidates who had already taken admission/ joined under State Quota Round 2 counselling as of the date of order dated 31.3.2022 were not eligible for participation in the All India Quota/ State Mop-up round as they had already taken admission before the All India Mop-up round commenced prior to passing of the order dated 31.3.2022 by this Hon'ble Court, have been permitted to resign from their seats and have been permitted for participation in All India Mop-up round held now post order dated 31.3.2022, which they would otherwise be not eligible. There cannot be any new classification of students who joined seats under Round 2 Counseling and resigned now and become eligible for participation in the All India Mop-up round held now," the petition stated.

The petitioners in the petition further contended that pursuant to considering State DMEs not following and implementing Top Court's order dated March 31, 2022, the MCC had issued a notification dated 4.4.2022. In the said notification, it had notified all State DMEs that the students who have joined in round 2 of the State Quota or round 2 of the AIQ shall not be eligible to participate in the mop-up round of All India Quota.

In this regards it was further averred that in spite of notification dated 4.4.2022 certain State Medical Councils have continued to brazenly and intentionally violate the order dated 31.3.2022 and had allowed the joined students in Round 2 counseling to freely resign, participate in AIQ-Mop-up round and take seats which they would otherwise be not entitled having once joined in the second round counseling.

"Their status has been conveniently shown as "Non-reported" candidates, whereas such candidates were already allotted seats, paid fees, and joined the respective seats. It is the bounden duty of the State Medical Councils and State DMEs to send a list of students/ candidates who have joined until the second round of State counseling to the MCC so that only the eligible and proper candidates take part in AIQ-Mop-up round and get their seats. It is submitted that the whole effort is to curtail the act of blocking the seats and not making it available to subsequent candidates and then again participate a second time to have a second bite of cherry," the petition stated.

Case Title: Shubhankar Pattanayak v RK Ramesh Reddy & Ors| Contempt Petition (C) No 289/2022 in WP(C) No 223/2022