MP HC Extends PG Medical Admission Process To Fill Vacant Seats; Permits Registration Of Candidates Precluded Earlier Due To Covid [Read Judgment]

"The State Government shall permit all the students, who were not able to get themselves registered on account of Covid-19 Pandemic, to get themselves registered and shall grant minimum 24 hours for the purposes of fresh registration," the Division Bench comprising Justices SC Sharma and Shailendra Shukla ordered.

The direction was made in a writ petition filed by candidate who was eligible for the counseling round but could not participate in the regular counseling, MOP-UP round and the College Level Counselling, due to the pandemic.

Arguments

She had submitted that a large number of seats were lying vacant in various medical Colleges in the State and therefore, the Government should be directed to hold a counselling again for the vacant seats.

Reliance was placed on Ashish Ranjan & Ors. v. Union of India & Ors., whereby the Supreme Court vide its order dated July 30, 2020, extended the time for counselling of NEET PG Medical and Dental courses up to August 31 for the State of Rajasthan.

State's Response

The State Government on the other hand though admitted that seats were lying vacant, it argued that all the counselling rounds in the State were over and further, the Madhya Pradesh Chikitsa Shiksha Praves Niyam, 2018 do not provide for fresh registration.

It was submitted that counseling in the state was concluded by July 31 and the SC order in Ashish Ranjan (supra) was for the States which were not able to complete their counseling by the said date.

Interestingly, the Government later agreed to conduct counselling in respect of 159 remaining vacant seats, however only for those candidates who were already registered. It was submitted that the State shall not permit any fresh candidate.

Findings

In view of the Government's decision to hold another round of counseling to fill up the vacant seats, the Court opined that once the fresh round of counselling is being conducted, the candidates who were not able to get themselves registered should also be entitled to get themselves registered for the purposes of counselling.

"If a concession is made by the State Government, an opportunity should be given to the meritorious candidates who were certainly higher in merit list and cannot get themselves registered on account of Covid-19 Pandemic," the bench observed.

It thus issued the following directions:

• The State Government keeping in view the categoric undertaking given before this Court shall hold one last round of counselling in respect of total remaining vacancies and the entire process shall be concluded prior to 31/08/2020 keeping in view the deadline fixed by the Hon'ble Supreme Court.
• The State Government shall permit all the students, who were not able to get themselves registered on account of Covid-19 Pandemic, to get themselves registered and shall grant minimum 24 hours for the purposes of fresh registration.
• The earlier admissions done will not be disturbed on account of fresh counselling.
• Shri Bhargava, has stated before this Court that the Rules do not permit grant of admission to a candidate in a subsequent round of counselling, in case he has refused admission granted to him earlier and therefore, those candidates who have refused admission earlier will not be entitled to participate again in the counselling conducted now.

Case Details:

Case Title: Dr. Jaya Patel v. State of MP & Anr.

Case No.: WP No. 11840/2020

Quorum: Justice SC Sharma and Justice Shailendra Shukla

Appearance: Senior Advocate AM Mathur with Advocate Abhinav Dhanodkar (for Petitioner); Advocate General Purushaindra Kaurav with Additional Advocate General Pushyamitra Bhargava (for State)

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