[NEET PG] Supreme Court Dismisses Doctor's Plea Seeking Permission To Register As NRI Candidate In Counseling

The bench of Justices DY Chandrachud and Hima Kohli while dismissing the petition in their order said,

"Status report which has been submitted on behalf. Petitioner obtained 253 marks in NEET PG but the cut-off score was 302 for the first 2 rounds of counseling. Further the percentile was reduced by NBE in consultation with NMC from 302 to 247 marks. Though the petitioner became eligible but didn't opt for conversion in the canceled mop-up round. Admission process has been completed & no case has been made out."

Earlier, the The bench of Justices DY Chandrachud and Suyra Kant although did not issue notice in the petition but asked the Medical Counseling Committee to submit an affidavit explaining the factual scenario.

In the hearing today, ASG Aishwarya Bhati appearing for the MCC submitted that initially the petitioner was not eligible in the first 2 rounds of the counseling but pursuant to the reduction of cut off when the petitioner became eligible, she did not opt for NRI.

"Fresh registrations were taken upto mop up. Today is the day for a stray to happen. She had the opportunity after percentile was reduced but later she was eligible but then she didn't opt for NRI. Now it's really too late also," she further added.

Appearing for the petitioner, Advocate Charu Mathur submitted that the petitioner tried to apply by submitting her documents but the same were not accepted by MCC.

She further submitted that there were 36 seats available in the deemed university and that she could not apply for the stray rounds since there was no registration.

Noting that the admission process has been completed, the bench dismissed the petition.

It was stated in the petition that in the fresh round of counseling in the mop-up round of NEET PG 2021 there is no provision to fill the category of candidate as NRI candidate.

According to the petitioner, her documents were in accordance with the Top Court's order dated August 22, 2017 in Consortium of Deemed universities in Karnataka (CODEUNIK) & Anr. Vs. Union Of India & Ors. (W.P. (C) No.689/2017). It may be noted that the Top Court in the referred matter had set out criteria for applying under 15% NRI quota for NEET PG as approved by 7 judge bench in PA Inamdar v State of Maharashtra (2005) 6 SCC 537.

"That even the seat matrix released by the Respondents provides for NRI seats," the petition stated.

It was further stated in the petition that,

"To the shock and surprise of the Petitioner the Respondent has not given any time for submission of NRI documents for fresh mop-up round. The Petitioner has sent two emails to the officials but they have not responded so far. That even in the canceled mop up round candidates lower in rank than the Petitioner were allotted seats. Since, there is a fresh round of mop-up in the interest of Justice, fairness and equity the Petitioner humbly prays that she may be allowed to join the fresh round of mop-up on NRI seat. That the Petitioner otherwise also fills in all parameters of converting her status to NRI seat."

It may be noted that the Top Court on April 18, 2022 had issued notice in a petition filed by NRI students seeking time for fresh registration in the NRI Quota before commencement of the Mop Up Counseling.

Case Title: Riddhi Tandon v. Medical Counseling Committee (MCC) And Anr.| W.P.(C) No. 281/2022

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