NEET-PG : Supreme Court Allows Candidates To Send Representation To Union Seeking Extension Of Internship Deadline
The Supreme Court on Tuesday permitted NEET-PG candidates to submit a representation to the Union Government seeking an extension of the May 31, 2022, deadline for internship for the purposes for NEET-PG admission.The Court was not inclined to make a judicial intervention in the matter saying that it was ultimately a policy decision. But the Court said that it will instead allow the...
The Supreme Court on Tuesday permitted NEET-PG candidates to submit a representation to the Union Government seeking an extension of the May 31, 2022, deadline for internship for the purposes for NEET-PG admission.
The Court was not inclined to make a judicial intervention in the matter saying that it was ultimately a policy decision. But the Court said that it will instead allow the petitioners to make a representation to the authorities. The Court further added that the representation be decided "expeditiously" within a week from its submission.
Senior Advocate Mukul Rohatgi, appearing for the petitioners, submitted that many candidates had joined COVID duties and hence could not commence internships early. He also submitted that many states have different internship schedules. He also pointed out that the exam scheduled on March 12, 2022, has been postponed to May 2022 on account of COVID pandemic.
A bench comprising Justice DY Chandrachud, Justice Surya Kant and Justice Vikram Nath disposed of the writ petition with the following order :
"The petitioners are doctors who are desirous of appearing for the ensuing Neet PG examination. They are aggrieved by the cut-off date of 31 May 2022. The grievance of the petitioners is that many candidates such as the petitioners joined Covid duties as a result of which the period of their internship was postponed. Moreover, Mr Mukul Rohatgi, senior counsel, submits that different institutions in different states have different dates for the commencement of the internship and many of those dates would end beyond the cut-off which has been prescribed, resulting in the loss of a year. At this stage, it must be noted that one of the grounds on which the petition under Article 32 was moved was that there was a likely clash between the schedule for counselling for Neet PG 20 21–20 22 and the Neet PG examination for the ensuing academic year. This aspect of the matter has now been resolved as a result of the postponement of the NEET PG examination.
Since the issue which has been raised by the petitioners require some element of determining facts as well as aspects of policy we are of the view that the ends of justice will be met by permitting the petitioners to submit a representation to the Union Ministry of Health and Family Welfare, setting out the nature of the hardship which is being faced by the students placed similarly to the petitioner
We request that the representation be considered expeditiously within one week of its submissions. We may also clarify that in view of the fact that the Court is leaving it open to the petitioners to move the MoHFW, no opinion is expressed on the merits of the matter"
The plea had also sought the deferment of NEET PG 2022 so as to accommodate candidates who are currently undergoing NEET-PG 2021-22 counseling and would want to appear in NEET-PG 2022-23, subject to the seat allocation in NEET PG 2021-2022. But the NEET exam itself was later postponed to May.
The petitioners have also challenged the conditions provided in the information bulletin with regards to completion of internship till May 31, 2022 and have also sought to extend the deadline for completion of the same.
It has been argued in the petition that the deadline of May 31, 2022, which is provided under Clause 4.1 and 4.2 of the Information Bulletin for NEET-PG 2022, is manifestly arbitrary as it deprives thousands of candidates to apply for the examination.
In this regard, it has been stated that, while the candidates joined for covid duties, neither the National Board of Examination, nor the colleges informed them that serving as covid warriors would delay their commencement of internship and could also affect the registration for NEET-PG 2022-23.
In the alternative, doctors have also prayed for allowing the candidates who are not completing their internship on or before May 31, 2022 to appear for NEET PG 2022 and permitting them to submit the internship completion certificate after obtaining the same on completion of 1 year mandatory period.
Assailing the NEET PG 2022 schedule, Doctors in the petition have also contended that accommodating two batches in one year is against Clause 12 of the Post Graduate Medical Education Regulations, 2000 as there can be a maximum number of 5 PG seats for the degree per unit per year.
In this regard, MBBS graduates have also sought clarification from the National Board of Examination with regards to the methodology for admission of PG Batches for two years in one session and have sought deferment of the exam until the requirement is met.
It has also been doctor's contention that many candidates appearing in the counseling for NEET-PG 2021 are yet waiting for seat allocation and that due to the clash in the dates of counseling and the date of NEET-PG 2022 examination, they would not be in a position to appear in the examination, even if they wish to.
The petitioners were represented through Dubey Law Chambers and led by Senior Advocates Mukul Rohatgi and Gopal Sankaranarayanan and the petition was filed through Advocate Charu Mathur.
Case Title: Shivam Satyarthee & Ors v Union of India and Ors| WP(68) of 2022
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