The Supreme Court on Thursday dismissed a writ petition seeking to declare the 92 in-service quota seats of NEET SS 2021 surrendered by the State of Tamil Nadu as newly added seats and make them available to all candidates irrespective of their joining in earlier rounds.The Court referred to the order passed on May 9 by which mop-up round was allowed for all the...
The Supreme Court on Thursday dismissed a writ petition seeking to declare the 92 in-service quota seats of NEET SS 2021 surrendered by the State of Tamil Nadu as newly added seats and make them available to all candidates irrespective of their joining in earlier rounds.
The Court referred to the order passed on May 9 by which mop-up round was allowed for all the unfilled/stray/vacant super-speciality seats. Citiing this order, the vacation bench comprising Justices CT Ravikumar and Sudhanshu Dhulia said that no further direction can be passed.
The bench said that it cannot entertain the new petition merely because the petitioner was not a party to the previous petition (in which the May 9 order was passed).
"...by permitting to conduct mop-up round, the court had directed for conducting mop-up round subject to the condition that any doctor who had joined seats earlier will not be allowed to join. Thus in light of this, we have no hesitation to hold that petitioner is not entitled to seek such prayer in this direction. In short, such WP must fail"
The writ was preferred by the candidates who joined/reserved their seats in the 1st and 2nd round of counselling and were holding better merit/ranking in the NEET SS All India examination but due to the paucity of seats available in the prestigious Government institute of Tamil Nadu State in the first and second round of AlO counselling they had to join the SS Courses in Government colleges to other States as well as the DNB courses which are considered below par in comparison to DM/MC from renowned colleges of Tamil Nadu.
It was argued in the petition that under such constraints of the paucity of time, the petitioners had no option but to accept MCC's offer to join SS Courses allotted in the 1st and 2nd round of counselling.
"Now it is reported that about 63 seats of surrendered seats of in-service quota have been filled through alleged mop-up round already held by the MCC. thus 29 seats of surrendered seats of the in-service quota of the State of Tamil Nadu are remaining unfilled. Moreover, the alleged mop-up round held for 92 seats of surrendered in-service quota was conducted disregarding the order dated 09.05.2022. wherein certain candidates of AlQ already holding seats in the Ist and 2nd round of counselling were allowed to participate and were granted up-gradation," the plea states.
Referring to the order dated May 9, 2022, by which Top Court had allowed to conduct mop-up round for all the unfilled/stray/vacant super-speciality seats and notice dated June 17, 2022, by which DGHS would hold another round of special mop-up counselling, the plea states that, "It means the order dated 09.05.2022 was not followed in letter and spirit but an additional round was conducted to fill quality and meritorious seats of Super Specialty Courses only which was an injustice to the meritorious students because they were not allowed to participate in the said counselling."
The plea was filed through Advocate Anjani Kumar Mishra.
Case Title: Kaviarasan MP & Ors. v UOI