Supreme Court's Decisions On MBBS-MD, Medical Admissions, Doctors & Health Professionals In 2024
The year 2024 has witnessed interesting and far-reaching legal developments on the issue of the safety of doctors and medical professionals, administration and admissions into medical colleges and work conditions in the medical sector. Here are the key decisions and observations by the Supreme Court on several important issues relating to the medical profession and courses.Supreme Court...
The year 2024 has witnessed interesting and far-reaching legal developments on the issue of the safety of doctors and medical professionals, administration and admissions into medical colleges and work conditions in the medical sector. Here are the key decisions and observations by the Supreme Court on several important issues relating to the medical profession and courses.
Supreme Court Refuses To Cancel NEET-UG 2024, Says There's No Material To Show Systemic Breach
The Supreme Court refused to cancel the NEET-UG 2024 exam on the grounds of paper leaks and malpractices. The Court stated that there was no material to indicate that the leak was systemic affecting the sanctity of the entire exam.
A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra passed the order in a batch of petitions seeking to cancel the National Eligibility-cum-Entrance Test(NEET) held for Under Graduate (UG) medical admissions on May 5, 2024 for paper leak and malpractices. The results were declared on June 4.
The Court also stated that ordering a re-examination will lead to serious consequences affecting over 23 lakh students and will lead to disruption of the academic schedule, causing a cascading effect in the coming years. The data produced on record is not indicative of a systemic leak of the question paper which would lead to the destruction of the sanctity of the exam, the Court stated.
Case Details: VANSHIKA YADAV Versus UNION OF INDIA AND ORS. W.P.(C) No. 335/2024
While refusing to cancel the NEET-UG 2024 exam for paper leak, the Supreme Court today directed the National Testing Agency (NTA) to revise the results by treating the option identified by an expert team constituted by the IIT-Delhi as the correct answer to an ambiguous question.
The NTA had treated two options as the correct answers to this question. Now, the Court has asked the agency to treat only the option approved by the IIT-Delhi team as the correct option. This would mean that the scores of over four lakh students, who had selected that option, will reduce by five (four marks' loss and one negative mark). The bench directed the NTA to take into account the expert committee's opinion of considering option 4 as the only correct option and revise the NEET-UG exam results with the said modification.
Case Details: VANSHIKA YADAV Versus UNION OF INDIA AND ORS. W.P.(C) No. 335/2024
Supreme Court Asks Expert Committee To Suggest Reforms For Better Administration Of NEET-UG Exam
While refusing to cancel the NEET-UG exam held on May 5 this year on account of paper leak and malpractices, the Supreme Court today expanded the mandate for a 7-member expert committee constituted by the Union government to look into NEET paper leak and other malpractices.
A bench of CJI DY Chandrachud and Justices JB Pardiwala, Manoj Misra delivered the judgment and prescribed the mandate under 5 broad heads viz. (i) Examination Security and Administration, (ii) Data Security and Technological Enhancements, (iii) Policy and Stakeholder Engagement, (iv) Collaboration and International Cooperation, and (v) Support and Training.
Case Details: VANSHIKA YADAV Versus UNION OF INDIA AND ORS. W.P.(C) No. 335/2024
In a significant development, the Supreme Court initiated the suo motu case over the rape and murder of a doctor at the RG Kar Medical College Hospital in Kolkata on August 9 to address the "systemic issues."
The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra directed the creation of a "National Task Force" comprising doctors all over the country to give recommendations on the modalities to be followed all over the country to ensure the safety of medical professionals
The bench noted that several states such as Maharashtra, Kerala, Telangana, West Bengal, Andhra Pradesh, Tamil Nadu etc. have framed state laws to deal with violence against doctors. However, these laws do not address deficiencies in institutional safety standards.
Case Title : In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024
The National Task Force (NTF) constituted by the Supreme Court in the wake of safety concerns of medical professionals after the RG Kar Hospital Doctor's Rape-Murder, has given exhaustive recommendations for enhancing better work conditions of the professionals and preventing sexual harassment at medical workplaces.
The NTF, in its recommendations also gave a slew of solutions relating to stricter security measures. These include the Short Term Measures (STM) that detail upon (a) Constitution of Security Committee in Healthcare Establishments; (b) Deployment of trained security personnel; (c) Coordination with local police; (d) augmentation of mobile networks for better coverage in low network areas; (e) CCTV surveillance in healthcare establishments (HCE); (f) Security Control rooms in HCE; (g) Distress Call System; (h) Quick Response Team; (i) Incident reporting system; (j) Centralised helplines; (k) Transportation facility to doctors and staff at nightime;
Case Title : In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024
While hearing the suo motu case on the RG Kar Hospital murder-rape crime, the Supreme Court on Thursday (August 22) reiterated it appeal to the protesting doctors to return to their duties.
The Court passed an order protecting the doctors from coercive actions for protesting till today if they resume duties.
"An apprehension has been expressed by the doctors that some of them are being proceeded against with respect to protests that happened in past. We are expecting that in compliance with the assurance given to the Court, the doctors will join the duties. Let there be no coercive action against doctors after they come back to work after the date of today's order for any protest that happened before the date of today's order," the Court ordered.
Case Title : In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024
Supreme Court Asks Wikipedia To Remove Name Of Victim In RG Kar Hospital Rape-Murder Case
The Supreme Court directed Wikipedia to remove from its pages the name of the victim in the RG Kar Medical College Hospital rape-murder case.
The bench noted that had earlier passed a direction on August 20 to remove the name and photos of the victim from all social media and electronic media platforms.
The bench directed Wikipedia to comply with this direction. "In the interest of maintaining dignity and privacy of the deceased the governing principle is that identity of victim in a rape and murder case shall not be disclosed," the bench observed.
Case Title : In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024
The Supreme Court expressed disapproval of a notification issued by the West Bengal Government which stated that night duty should be avoided for female doctors. The notification was issued for the "safety of women doctors" in the wake of the rape and murder of a trainee doctor at the RG Kar Medical College Hospital Kolkata.
CJI DY Chandrachud said that the State, instead of increasing security for women, can't say that women doctors should not work at night. Addressing Senior Advocate Kapil Sibal, who was appearing for the State of West Bengal, CJI said, "Mr.Sibal, you have to look at it. The answer to it is that you must give security. West Bengal should correct the notification, your duty is to provide security, you cannot say that women (doctors) cannot work at night! pilots, the army etc all work at night.." CJI said.
Sibal agreed that the State would make changes in the August 19 notification to remove the clauses limiting the women doctors' duty hours to 12 hours and suggesting the avoidance of night duties for them.
Case Title : In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024
The Supreme Court dismissed the petition filed by ex-RG Kar Medical College Hospital Principal Sandip Ghosh challenging the Calcutta High Court's order transferring to the CBI the investigation of alleged financial irregularities by him.
A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra orally observed that an accused does not have the locus standi to be heard in a plea seeking the transfer of investigation.
Case Title : In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024
The Supreme Court while directing the issuance of pending degrees to graduates of MDS(Master of Dental Surgery), observed the 'dearth of Super-Specialty Doctors' in the field of dentistry.
The bench of Justice BR Gavai and Justice KV Viswanathan was hearing an appeal filed by MDS graduates, the batch of 2016-19 in the dental colleges of Madhya Pradesh who challenged the order of the Madhya Pradesh High Court cancelling their admissions taken in 2016.
Case Details: Irfan Akbani & Ors. v. State of Madhya Pradesh & Ors.| SLP(C) No. 26511/2019
Taking into consideration the number of medical seats remaining vacant despite 5 rounds of counselling, the Supreme Court today extended till December 30 the period for NEET UG admissions as a special measure.
A bench of Justices BR Gavai and KV Viswanathan passed the order, taking into account the submission of Senior Advocate Gaurav Sharma (for National Medical Council) that in view of the number of vacant seats, extension may be granted as a one time measure without it being treated as a precedent.
Case Title: ERA LUCKNOW MEDICAL COLLEGE AND HOSPITAL VERSUS THE STATE OF UTTAR PRADESH & ORS., Writ Petition(s)(Civil) No(s). 833/2024
In a significant stride towards social recognition of the Rights of Persons with Disabilities (PwDs), the Supreme Court recently stressed the need to give opportunities to PwDs in the medical sector and devise qualitative standards for testing disabilities in the procedure for medical course admissions.
The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra in its judgement allowed a candidate suffering from muscular dystrophy to participate in the ongoing counselling for NEET-UG 2024. In doing so, the Court underlined that Persons with Disabilities (PwDs) needed to be perceived not with an element of sympathy but as an essential part of the society we live in today. It is imperative to further the cause of inclusion of the PwDs to achieve the national project of eradicating all forms of discrimination that the Country is scarred with.
Case Details : OM RATHOD Versus THE DIRECTOR GENERAL OF HEALTH SERVICES AND ORS.SLP(C) No. 21942/2024
The Supreme Court , while dismissing the challenge to Punjab and Haryana High Court's quashing the Punjab Government's notification to broaden the ambit of NRI Quota in medical admission, orally observed that such 'fraud' must stop as it gave way to backdoor entries at the cost of meritorious candidates.
The bench comprising CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra was hearing three petitions challenging the order of the Punjab and Haryana High Court which quashed the August 20 notification widening the definition of Non-Resident Indian for MBBS admissions.
Case Details : PRITHVANSH MALHOTRA vs. STATE OF PUNJAB W.P.(C) No. 000587 / 2024
MBBS : Supreme Court Allows Candidate With Speech & Language Disability To Pursue Medical Education
The Supreme Court allowed a candidate with nearly 45% speech and language disability to be admitted to the MBBS course after a medical board constituted by the Court opined that he could pursue medical education.
A bench comprising Justices BR Gavai, Aravind Kumar and KV Viswanathan was hearing a challenge against the order of the Bombay High Court which denied interim relief against the cancellation of the admission to the MBBS Course.
Case Details: Omkar Ramchandra Gond v. Union of India & Ors SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 39448/2024
The Supreme Court while hearing the issue pertaining to the Telangana Local Quota Rule for MBBS Admissions, suggested to the State of Telangana to consider if the new criteria (four years continuous study and passing the qualifying exam in Telangana) could be applied from the next academic year.
During the hearing, the State also said that it was considering revoking the earlier concession granted by it for making a one-time exception for the petitioners who had approached the High Court challenging the criteria.
The bench led by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra was hearing the challenge to the order of the Telangana High Court which held that a permanent resident need not be required to study or reside in Telangana for 4 continuous years to get the benefit of domicile quota in medical admissions.
Case Details : THE STATE OF TELANGANA AND ORS. Versus KALLURI NAGA NARASIMHA ABHIRAM AND ORS. SLP(C) No. 21536-21588/2024
The Supreme Court on Wednesday (August 14) dismissed a petition challenging the decision of the National Medical Commission(NMC) to not hold the NEET- Super Speciality Exam (NEET-SS) 2024 this year. The petition was filed by thirteen doctors under Article 32 of the Constitution.
The bench of CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra observed that the data given by the National Medical Commission suggested that at least 40% of the students who take the NEET-SS are from the immediately preceding batch. The bench noted that the petitioners, who have appeared in the NEET-SS before, would not be prejudiced if the exam is deferred to next year. However, if the exam is held this year, then the 2021 Post-Graduate batch students, who would be completing their courses only in January 2025, would lose their chance.
Case Details RAHUL BALWAN VS. UNION OF INDIA DIARY NO. - 29216/2024
Other Supreme Court annual round-up stories can be read here.