NEET-SS 2021 : Plea In Supreme Court Challenges Criteria Which Allows Candidates From Any Discipline To Apply For DM(Medical Genetics)

A writ petition has been filed before the Supreme Court challenging the eligibility criteria to the course of Doctorate of Medicine ("DM") Medical Genetics prescribed in the Schedule to PG Medical Education Regulations 2000 since it allows post graduates from every medical discipline to apply for the course of DM Medical Genetics and Doctorate of National Board (DrNB) Medical Genetics.

Preferred by Society Of Indian Academy of Medical Genetics which is a body of experts in the field of Medical Genetics in India, the petition states that the eligibility criteria is opposed to the Guidelines prescribed by the National Medical Commission which only entitles the applicants from three clinical disciplines viz Medicine, Pediatrics and Obstetrics- Gynecology to apply.

The petition also challenges the Information Bulletin/Prospectus of NEET SS 2021 dated August 31, 2021 published by the National Board of Examinations to the extent it includes aspirants from broad specialities to apply for the course of DM/DrNB(Medical Genetics).

Filed through Advocate on Record Sudhanshu S Chaudhari, the petition also seeks for issuance of directions for laying down a specific eligibility criteria in consonance with NMC Guidelines 2021 for the admission to the course of DM/DrNB (Medical Genetics) in India and designing entrance tests after consulting experts (with a DM/DrNB qualification in Medical Genetics.

The Society has argued that the current eligibility criteria is contrary to the NMC Guidelines 2021, directions of the Oversight Committee (OC) constituted by the Top Court in Modern Dental College and Research Centre and Ors v State of Madhya Pradesh and Ors (Civil Appeal No 4060 of 2009), Post Graduate Committee of the erstwhile Medical Council of India, and opinion of specialists adept in the field of Medical Genetics.

It has also been averred that the impugned eligibility criteria allows applicants who have pursued MD(Doctor of Medicine) /MS( Master of Surgery) /DNB (Diplomate of National Board) in any discipline to apply for the highly clinical course of Medical Genetics, whereas the recommended eligibility is limited to those who have pursued post graduate degrees in General Medicine, Pediatrics or Obstetrics & Gynecology.

"The premier institutes in the country viz All India Institute of Medical Sciences (AIIMS), Post Graduate Institute of Medical Education & Research(PGI), Chandigarh, who conduct their own entrance tests for selection to the same course, allow the applicants only from specific clinical disciplines, hence the distinction in eligibility by the MCI/NMC, and the PG Regulations, 2000 (reiterated in Draft Regulations,2021 and NEET-SS 2021-2022) is totally irrational, arbitrary, have no reasonable basis, hence contravenes Article 14," petition states.

Contention that allowing those from non clinical disciplines and relaxing the criteria is contrary to the interests guaranteed under Article 21 has been put forth to aver that the same is arbitrary and deserves to be declared so.

The petitioners have also stated in their petition that the Society had even approached the Delhi High Court by way of a writ petition which was disposed of on August 21, 2020 on the ground that the Society irrespective of being the only representative society of Medical Geneticists in the country did not have any locus.

The Society has also sought for a relief of staying the effect, operation and implementation of the Information Prospectus of NEET SS 2021 dated August 31, 2021 for the admissions to the course of DM/DrNB (Medical Genetics) to the extent it allows applicants from any medical discipline other than Medicine. Obstetrics-Gynaecology and Pediatrics during the pendency and final disposal of the petition. Prayer for issuance of directions to the Respondents (Union of India, National Medical Commission and National Board of Examination) to appoint expert member from Medical Genetics (with a DM/DrNB qualification) on any committee established to decide upon any issue related to the specified medical field has also been made in the petition.

The petition is listed tomorrow before the Supreme Court bench led by Justice DY Chandrachud.

Case Title: Indian Society for Medical Genetics v. Union of India and Ors