NEET-PG : Supreme Court Stays Telangana HC Order Shfiting MD Seat From One Medical College To Another

The Supreme Court on Wednesday (January 8) stayed the judgment of the High Court of Telangana dated December 20, 2024, whereby the High Court ordered the transfer of a medical seat in a PG Course from one college to another through provisional admission and allowed the Respondent (in the present SLP-PG Student) to appear for the final examination. 

A bench of Justices B.R. Gavai and AG Masih issued notice returnable 3 weeks. The present SLP has been filed by the Kaloji Narayana Rao University Registrar, whose affiliated college (MNR College) the Respondent first got admitted to the M.D. DVL Course and later filed a writ petition before the Telangana High Court seeking admission to Medicity College. 

In the writ petition before the High Court, the Respondent contended that after she completed her MBBS course, she appeared for the NEET-PG to pursue an M.D. DVL Course. She had the opportunity to participate in the additional Mop Up counselling. However, in the said counselling, the 5th Respondent (before the High Court) blocked the seat although the person was already pursuing M.S. Ophthalmology at Mamatha Medical College.

The 5th Respondent was allotted the seat in the Convener Quota in the Medicity Medical College. The Respondent argued that no other option was left except to be admitted to MNR Medical College, affiliated with the Kaloji Narayana Rao University of Health Sciences, Telangana.

It argued that even after the Additional Mop Up counselling, the University notified vacancy of M.D. DVL seat in Medicity Medical College in the form of Stray Vacancy Counselling, which establishes that Respondent 5th deliberately blocked the seat but did not join.

The student therefore argued that the action of the Medicity Medical College in giving admission to Respondent 5 was illegal. The student pleaded that the recognition of the MNR College was withdrawn subsequently by the National Medical Commission. 

A decision was taken by the Commission to shift the students of the MNR College to other Government colleges and therefore the student pleaded that her seat at the MNR College should be shifted to the Medicity Medical College.

The High Court held in favour of the student, stating that it was because Respondent 5th was allowed to participate in the counselling that the seat was blocked. It held: "Therefore, by taking into totality the circumstances of the case, this court is of the considered view that one seat in M.D. DVL course from MNR College be shifted to Medicity Medical College."

Thereafter, she filed a contempt case alleging that the Respondents' universities had not complied with the order dated October 27, 2022. Through an order dated December 20, the High Court directed the MNR University to make provisional admission of the student to the Medicity Univeristy and allow her to participate in the final exams. 

It said: "The petitioner is directed to deposit two years academic fee i.e. Rs.13,00,000/- (Rupees thirteen lakhs only) per annum with the 1st respondent-University and on such deposit, the 1st respondent-University shall make provisional admission of the petitioner in the 2nd respondent-Mediciti Institute of Medical Sciences and permit the petitioner to participate in the final examinations, which are scheduled to be held from 02.01.2025 or any other subsequent date."

The Court added that since the National Medical Commission has preferred an SLP before the Supreme Court challenging the October 27 order against the shifting of the Respondent to Medicity Medical College, the order should be subject to the order of the Court. 

Case Details: DR S SANDHYA v. DR GANTA SATHVIKA REDDY., SLP(C) No. 717/2025

Appearances: Senior Advocate Gaurav Agarwal and Sravan Kumar Karanam, AOR (For Petitioner-University)