NEET-PG Counselling : Clarify That Fresh Notification Applies Only To Newly Added 146 Seats, Supreme Court Tells Maharashtra Govt

The bench of Justices DY Chandrachud and Surya Kant also asked the State of Maharashtra to issue a clarification that the impugned notification pertained to only the newly created 146 seats for which the bench had directed for conducting a fresh round as a special case.

The application was filed in the writ petition seeking strict implementation of the MCC's notification dated March 16, 2022 which had barred students who have taken admissions in state quota from participating in the mop-up round. The plea had also sought for restraining the candidates who had already participated in State Quota counselling round 2 and had chosen/blocked/reserved their seats from further participation in AIQ.

What Transpired In The Supreme Court Today?

The application was mentioned before the bench led by Justice DY Chandrachud by Senior Advocate Rakesh Khanna who submitted that State of Maharashtra had issued a clarification dated April 1, 2022 which was contrary to the Top Court's order dated March 31, 2022. It was also his contention that the State by permitting such candidates was creating confusion. It may be noted that the Supreme Court on March 31 had cancelled the Mop Up Round counselling for All India Quota seats and directed the DGHS to conduct a fresh round for the newly added 146 seats, in which students who have joined after Round-2, either in State or All India Quota, can participate. At the same time, the Court sustained the March 16 circular which barred students who joined State Quota after Round-2 from participating in the Mop-Up Round.

Senior Counsel also drew Court's attention to clause 5 of the impugned notification which provides for a fresh window for the candidates who have taken admission in round 2 of State Quota to resign and participate in AIQ.

"You have to do something. File plea in Bombay High Court. Our order is as clear as clear it can be. Let the students file a writ in the High Court," Justice Chandrachud the presiding judge of the bench remarked.

On Senior Counsel seeking some clarification with regards to the same, the judge said, "What clarification can we give? Our order does not have any ambiguity. We will not entertain an IA. There are remedies if somebody is breaching our order."

"State after state they want to issue similar notifications," submitted the Senior Counsel.

Advocate Sachin Patil appearing for the State of Maharashtra submitted that the notice pertained to only 146 seats for which the Top Court had directed for holding a Special Round of Counseling.

"Our notice is very clear. What my friend is saying, there is no explanation like that. This pertains to only 146 seats candidates. As per the advisory the candidates resigned from the State Quota seats and went for AIQ Mop Up, but that was canceled and directions were issued that all are eligible to participate. Yes only for the 146 seat candidates who have resigned their seats. We requested them to join the seats because now they can participate in AIQ Mop Up counseling without prejudice," submitted Advocate Sachin Patil.

Justice Chandrachud at this juncture while agreeing to hear the application tomorrow asked the State to issue a clarification that the impugned notification was only for 146 seats.

"We'll keep it tomorrow. You make the statement that this is for 146 seats which is covered by clause (2) of our orders. Take instructions and just make sure that you are correct on that. So long as Mr Patil clarifies that these are for 146 seats. You issue a clarification today and then we'll take it up tomorrow," remarked Justice Chandrachud.

Details Of The Application

It was argued in the application that there cannot be any new classification of students who joined seats under Round 2 Counselling and resigned now i.e. by 6.4.2022 and become eligible for participation in All India Mop-up round held now.

"Similar is malafide attempt as regarded to 146 new seats which has been put up in Special Round of Counselling for Second Round of Counselling Candidates under All India Quota/ State Quota. It is submitted that such candidates who had taken admission in earlier round are given option to opt for seat/ discipline of their choice from 146 seats, yet not join from opted seat from 146 seats and show themselves eligible for All India Quota Mop-Round. It is submitted that if the candidate who chooses from 146 seats in Special Round should be asked to join and restrict to such seat instead of holding seat in Special Round and thereafter still participate in All India Mop-up round," the application stated.

The application further stated that States like Maharashtra were still allowing resignation to an already joined candidates and making them available for all India Mop Up and thus promoting seat blocking thereby creating more chances of getting good seats in these states.

The applicants in the application had also sought relief from restricting the candidates who have exercised their option and chosen/joined a seat under Special Round Counselling for 146 Seats to take admission on such seat and not hold to it and also participate in All India Quota Mop-up.

Relief for directing the State Medical Councils to submit the list of candidates who have already participated under the State Quota Counselling Round 2 and have joined seats by him/her in the State Round-2 counselling to the MCC was also sought. In this backdrop, candidates have also sought relief for therefore directing the MCC of blocking rolls of such candidates and preparing a fresh list of leftover candidates for participation in All India Mop-up Round Counselling.

Case Title: Dr Payal Yadav & Ors v Medical Counselling Committee and Ors| WP(Civil) 223 of 2022

Click Here To Read/Download Order