Madhya Pradesh HC Permits First Round Of NEET-PG Counselling, Restricts Result Declaration Till Nov 28 Over 'Normalization Process' Issue

While ordering the State to carry out "first round of counselling" of NEET-PG counselling for MD/MS courses, the Jabalpur bench of the Madhya Pradesh High Court directed that the results shall not be declared till November 28.

The direction came in a plea where the petitioners raised concerns over the non adoption of the 'normalization process' done for the second time which they said had resulted in an anomaly in the state merit list. In their plea, the petitioner candidates had challenged the merit list issued by the State for M.P. State Registered Candidates for NEET PG Counselling (MD/MS Course) - 2024.

A division bench of Justice Sushrut Arvind Dharmadhikari and Justice Anuradha Shukla in its order said, "So far as the second normalization process at the State level is concerned, could not have been carried out by respondent No.2 in view of the judgment of Apex Court in the case of State of Uttar Pradesh and Ors Vs. Atul Kumar Dwivedi and Ors. in Civil Appeal No.228/2022...". 

In this judgment the Supreme Court had said that the process of normalization could be applied only for preparing the select list after all stages of examination contemplated under the relevant rules were over. 

The high court then said, “...this Court is of prima facie opinion that based on the decision rendered by the Apex court in the case of Atul Kumar Dwivedi (supra), normalization process can be undertaken only at one stage at All India Level NEET-PG-2024 and not at the State level”. 

The bench comprising of directed to carry on the first round of counselling but put a bar on declaring result until the next hearing.

Asking the State to file a reply in a week the court said, “Therefore, in the meanwhile, respondent No.2 is directed to carry on the first round of counseling till 24/11/2024 (12:00 midnight), but the result of first round of counseling shall not be declared till the next date of hearing”. The court further prevented the petitioner candidates to implead the National Board of Examinations in Medical Sciences as a respondent in the matter and listed the plea for hearing on November 28. 

The counsel for petitioners Aditya Sanghi contended that after All India Result for NEET-PG 2024 which was conducted in two shifts, was prepared utilizing the normalization process as notified vide NBEMS Public Notice dated 10/08/2024, the State i.e. respondent No.2 could not have adopted the normalization process for the second time which has resulted in anomaly in the State merit list

 The petitioners contended that the normalization for the second time impacts their merit-based ranking. It was further contended that all the candidates for the examination being in-service category candidates have received equal 30% marks for serving in the rural areas.

It was argued that the "choice filling and choice locking" for the first round had already been commenced w.e.f. November 21 which will end on November 24 (12:00 Midnight). Thereafter the first round allotment result would be declared on November 26. Therefore, in view of the aforesaid anomaly, candidates like the petitioners would be put to a great loss. Under these circumstances, the petitioners prated that the result of the first round of counselling be stayed.

Meanwhile the Additional Advocate General arguing on behalf of the State contended that the state-specific merit list was made using the normalization process as prepared by the All-India level. The National Board of Examinations in Medical Sciences, New Delhi had prepared the State Merit List and forwarded. The State specific percentile and state specific rank for a particular state were freshly prepared after incentivized marks were given using the normalising process for the second time. The respondent therefore claimed that the new State specific percentile score and rank of candidates cannot be compared with All India NEET-PG 2024 percentile score and rank, including their All India inter-se merit list.

Case title: Dr. Abhishek Shukla And Others Vs The State Of Madhya Pradesh And Others

Case No: WP No. 37078 of 2024

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