Medical Admissions | Supreme Court Approves Centre's Scheme Allowing Resignation From NEET Seats On Joining INIs This Year

Penalties as high as Rs.50 lacs for resigning from medical seats can have the effect of driving away good candidates, the court remarked.

Update: 2024-02-01 12:59 GMT
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While hearing a plea by medical candidates challenging restrictions imposed on resignation from NEET seats, the Supreme Court approved a proposal brought forth by Union of India to allow only those candidates to resign who had joined Institutes of National Importance (INIs) post counselling.The Bench of Justices BR Gavai, KV Viswanathan and Sandeep Mehta opined that the proposal given...

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While hearing a plea by medical candidates challenging restrictions imposed on resignation from NEET seats, the Supreme Court approved a proposal brought forth by Union of India to allow only those candidates to resign who had joined Institutes of National Importance (INIs) post counselling.

The Bench of Justices BR Gavai, KV Viswanathan and Sandeep Mehta opined that the proposal given was reasonable and balanced the interests of meritorious students with concern of medical institutions where seats would fall vacant if upgradation is permitted.

The said proposal, prepared by Ministry of Health and Family Welfare in consultation with AIIMS, Delhi, is applicable only for this year. It stipulates:-

“1. Resignation will be permitted only for those joined candidates, who have joined the INI institutes through Counselling conducted by AIIMS, Delhi;

2. The seats which have become vacant by resignation of INI Candidates will be available in the special round which is to be conducted by MCC;

3. The candidates who have joined round 1 or round 2 seats of MCC and not allotted INI seats, will not be allowed to resign from their joined seat;

4. The upgradation facility will be available in special round to all candidates who have joined in round 1 and round 2 of MCC counselling; and

5. The above directions will be applicable only for this year and ought not to be taken as precedence.”

After the order was passed, Justice Viswanathan orally suggested to ASG Aishwarya Bhati (appearing for the Union) "you can give wait-list candidates, subject to drop out till the last round of counselling." Notably, he remarked that if penalties as high as Rs.50 lacs are set, good candidates would be driven away.

In response, ASG Bhati conceded that the Union has suggested for penalties to be done away with.

On this, Justice Gavai said, "you will have to balance the same with the interest of the private institutions."

Also Read - Medical Admissions : Supreme Court Allows 3 Doctors To Resign From NEET-Super Specialty Seats To Join INIs

Counsels for petitioners: AORs Vishnu Sharma AS, Tom Joseph and Rashmi Nandakumar; Advocates Linto KB, Kumar Gaurav, Ravi Sehgal, Purvi Mathur and Kushagra Sharma

Counsels for respondents: ASG Aishwarya Bhati; Senior Advocate Dr Manish Singhvi; AOR Prashant Kumar Umrao, Santhosh Krishnan, DK Devesh and Aaditya A Pande; Advocates GS Makker, Rajeev Ranjan, Sandeep Bajaj, Shagun Thakur, Shubhangi Agarwal, Apurv S, Anuj Gupta, Shailesh Joshi, Girish Chowdhary, Deepshikha Sansanwal, Omkar Deshpande, Siddharth Dharmadhikari, Bharat Bagla, Souruv Singh, Aaditya Krishna, and Raavi Sharma

CASE TITLE: VANDEEP SINGH BASRA & ORS. VERSUS UNION OF INDIA & ORS., W.P.(C) No.32/2024

Citation : 2024 LiveLaw (SC) 81

Click here to read the judgment



 

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