NEET-MDS 2021- "Look At How Callous You Have Been, Absolutely No Concern": Supreme Court To Centre In Plea By Dental Graduates

While confronting the Centre for its 'callous' attitude regards the NEET MDS Counselling, Supreme Court has on Monday granted one week time to the Union of India to move an application in pending civil appeal before the top court seeking extension of time for Committee (constituted to finalize recommendations on the issue of OBC reservation against All India Quota), to complete the exercise.

A Division Bench of Justice DY Chandrachud and Justice MR Shah was hearing the plea filed by Dental Graduates seeking directions to the Medical Counselling Committee (MCC) to release the counseling date for NEET-MDS 2021 at the earliest.

The Bench made a note of submissions made by ASG KM Nataraj that the Union of India proposes to apply to the Supreme Court in pending civil appeal for an extension of time for the Committee to complete the exercise, as that process would not be concluded due to covid and other administrative difficulties.

"This Court has been apprised that an application will be shortly moved in one week. We will hear the matter after two weeks, so we can be apprised of what has been done." the Bench noted

The Committee is referred to as constituted by the Union of India under Madras High Court's direction in the plea involving the issue of OBC reservation against All India Quota in UG and PG Course for both Medical and Dental faculties.

The Madras High Court had directed the constitution of a committee by the Union government to finalize its recommendations after consultation with all states, including Tamil Nadu.

The Bench noted that the Madras High Court's judgment was challenged by the State of Tamil Nadu because there was no Constitutional impediment for implementing OBC reservation for that academic year 2020-2021. A 3-judge Bench of the Supreme Court noted that the Committee formed by Union is examining modalities. The final decision will be taken after consulting all states and will be implemented in the next academic year, 2021-2022. The appeal is still pending.

During the hearing, Sr Adv Vikas Singh submitted that the order of the Madras High Court dated 27/7/2020 had become final. Instead of challenging that before the High Court, the Union of India applied to a matter pending before the Supreme Court.

"These seats cannot be allowed to go unfilled due to confusion created by Centre. Union of India is saying that the Saloni Kumar case in pending. They should've challenged the HC order." Mr. Singh stated.

ASG KM Nataraj submitted before the Bench that a committee had been constituted in terms of the High Court's order, which has submitted a report. However, there is some difference of opinion and some modalities involved.

While informing the court that the Centre has moved an application, ASG Nataraj stated that they could go ahead with the existing reservation policy.

The Bench observed that the order by the three-judge Bench of the top court had stated that the Committee would complete exercise so that process can be started; therefore, the court cannot pass an order directing to carry on the admissions without the direction have been adhered to.

The Bench then stated that the Centre could move an application before the three-judge bench.

"We are doing that," ASG said.

"Doing what? You people only wake up when SC issues notices." Justice Chandrachud remarked

The Apex Court had on July 12 directed the Union Ministry of Health and Family Welfare to announce the counselling dates for NEET-MDS 2021 within a week, observing that the delay in counselling will lead to serious consequences to the students.

The Bench had observed that the delay in counselling would lead to serious consequences to the students, who have been waiting after the test results were announced on December 31, 2020.

The Bench had stated that "Prima facie we have heard Senior Advocate Vikas Singh for petitioners and ASG Mr KM Natraj appearing for Union Ministry of Health and Family Welfare. On the request of ASG we grant one week's time for a response to the grievance set out in petition. We expect that an expeditious decision will be taken within course of next week and court be informed when Union Government proposes to hold counselling for students whose MDS NEET results were declared on December 31 2020. We hope that the Union Government would be conscious of the serious consequences which will be faced by these students as a result of long delay in completing the counselling".

Through its counter affidavit in the present matter, the Ministry of Health asked Supreme Court to allow them to conduct NEET MDS Counselling VIRTUALLY within 4 Weeks with existing reservation policies. The Ministry further stated that they have not been dilly-dallying in conducting counselling, and the delay has been caused due to wanting clarification by the Supreme Court on the issue of OBC reservation in All India Quota Seats contributed by State medical colleges under AIQ Scheme.

In the present case, the Dental Graduates represented by Advocate Sanjay Kumar Dubey have sought directions to conduct separate counselling for the NEET-MDS 2021 and not wait for NEET-PG counseling for commencement of NEET-MDS 2021 counselling.

While stressing the undue delay caused in announcing the counselling schedule for NEET-MDS 2021, the present plea has been filed through Advocate Charu Mathur, seeking directions to MCC to conduct separate counselling for the NEET-MDS 2021 and not wait for NEET-PG counselling to commence with NEET-MDS 2021 counselling.

The Petitioners, who are NEET-MDS aspirants and hold a BDS degree, have challenged the 'unjust and infinite delay' caused by the Medical Counselling Committee (MCC) in announcing the counseling schedule for NEET-MDS 2021. It may be noted that NEET-MDS is the single eligibility cum entrance examination for admission to MDS Courses for the academic session 2021.

Title: Debraj Samanta and Ors v. Medical Counselling Committee(MCC) and Ors