NEET-PG : Supreme Court Dismisses Plea Seeking Declaration Of Telangana State Round Counseling As Null & Void

The bench of Justices DY Chandrachud and Hima Kohli in their order said, "Since the admission has been completed we are not inclined to entertain the petition. Since the registration for the ensuing year stands closed, we permit the petitioner to make a representation & ask the Ministry of Health and Family Welfare to consider the same sympathetically."

The bench also granted the petitioner liberty to make a representation to the Ministry of Health and Family Welfare to consider allowing the petitioner to register for NEET PG 2022.

Senior Advocate Gopal Sankaranarayanan appearing for the petitioner submitted that the State Mop Up round of counseling was completed on March 24, 2022 and the AIQ Mop Up was till March 31, 2022. He further submitted that the decision taken by the State was against the decision taken by multiple states after cancellation of the AIQ Mop Up including the revert back option.

"2 States, Chattisgarh & Tamil Nadu didn't follow the rounds as recommended by the DGHS. Those who had taken part in State & All India Round 2 could participate in the 146 seats but they can't participate in the mop-up round. Those who had opted for All India Mop Up didn't get that option," submitted Senior Counsel.

On Senior Counsel's submission, Justice DY Chandrachud, the presiding judge of the bench said, "We will now be setting aside the admissions which have been made against that. The trouble is now we have students who have been admitted in the States. Once we interfere, we will have to set aside everything. See the hardship where it lies. We will leave it I think."

Responding to the remarks made by the judge, Senior Counsel urged the court to grant the petitioner an opportunity to register for NEET PG 2022.

"The last date of Registration was for next year is already over. It was March 25, 2022. reg for the next year is already over. It was March 25," submitted Senior Counsel.

Acceding to the request made by Senior Counsel, the bench granted the petitioner liberty to make a representation to the Ministry of Health and Family Welfare and asked the Ministry to consider the same sympathetically.

Pursuant to the bench dictating the order, Senior Counsel emphasized on the need to streamline the entire process related to the admissions into NEET.

"The States & the center needs to sit & streamline the issue. There has to be some way. This has become a recurring feature," Sankaranarayanan submitted.

"You have to sit with the states & streamline this," Justice Chandrachud said to ASG Bhati.

Details Of The Plea

In the petition, the petitioner had also sought for directions to Kaloji Narayana Rao University of Health Services at Warangal to permit him to retain the seats secured by them in the State Quota Counseling Round II.

It was stated in the petition that, Kaloji Narayana Rao University of Health Services conducted State Quota Round I Counseling from 25.01.2022 to 27.01.2022, Round II Counseling from 19.02.2022 to 21.02.2022 and Mop-Up Round from 23.03.2022 to 24.03.2022 and additional Mop-Up Round 29.03.2022 to 30.03.2022.

The petitioner further stated that the University wrapped up the State Quota Counseling Rounds much before the completion of the AIQ Rounds in contravention of the advisory issued by the MCC.

As per the advisory dated February 12, 2022 it was stated that state counseling for each round should be conducted once All India Counseling for respective round is completed by MCC of DGHS.

It was also stated in the petition that the petitioner vacated his seats in order to join the seat secured by him in the AIQ Mop-Up and reported for duty but the University issued a Notification dated 29.03.2022 which stated that students admitted into PG Medical Courses affiliated to the University have the choice of "Free Exit" to discontinue from the course to which they have been admitted. The notification further said that candidates who discontinue from a course would not be eligible for further rounds of counseling.

Against this backdrop, the plea said, "Had the Petitioner not resigned from the college where he had secured admissions during the State Quota Round II Counselling, he would have been eligible for State Quota Additional Mop-Up Round. Unlike the State of Maharashtra and Gujarat, the State of Telengana is not taking any steps to withhold the seats filled up during the State Quota Mop-Up Round or cancel them as a result of which less meritorious candidates than the Petitioner have secured admissions in the State Quota and the Petitioner has been rendered without a seat despite securing better rank."

The petitioners were represented by Dubey Law Office and the petition was filed through Advocate Milind Kumar.

Case Title: G Abhinav v MCC & Ors