NEET-PG AIQ : Are Reserved Category Candidates Who're High On Merit Admitted In General Category? Supreme Court Asks Union

Advocate, Mr. Prashant Bhushan appearing before a Bench comprising CJI, Justice D.Y. Chandrachud, Justice Hima Kohli and Justice J.B. Pardiwala submitted that seats belonging to meritorious reserved candidates (MRCs) who are entitled to get admissions against the 50% seats of the general category, were being allotted reserved category seats in violation of the judgments of the Apex Court in Ritesh R. Sah v. Dr. Y.L. Yamul and Ors., Samta Aandolan Samiti And Anr. v. UoI and Tripurari Sharan And Anr. v. Ranjit Kumar Yadav And Anr.

Additional Solicitor General, Ms. Aishwarya Bhati apprised the Bench that the allocation of the seats for the NEET-PG Counselling for All India Quota was carried out as per Paragraphs 3.1 and 3.2 of the Admission Brochure.

The Bench noted that the crux of the issue in the matter is -

"…in NEET-PG seats in All India Quota, candidates belonging to reserved category who are sufficiently high on merit to secure a seat against the general category can yet be treated as candidate for seat in reserved category."

As the request of Mr. Bhushan, the Bench asked the matter to be listed on Monday.

As per the Medical Counselling Committee there are in total 10954 seats available under the All India Quota. The petition alleges that as per the allotment list released for Round 1 of NEET-PG Counselling, it is apparent that reserved category candidates who come under the top 50% seats have been assigned reserved category seats instead of general seats, which they are eligible for. The petition submits that it is a settled position of law that reserved category candidates who are eligible for and qualify for unreserved seats shall be admitted against general seats. However, in breach of the trite law, NEET PG Counselling 2022 is allotting MRCs reserved category seats.

[Case Title: Pankaj Kumar Mandal And Ors. v. UoI WP(C) No. 988/2022]

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