NEET MDS 2021: Supreme Court Asks Centre Time To Inform Counselling Dates By August 11

The Supreme Court on Monday asked Centre to inform it on Wednesday as to when it will hold the counselling for NEET MDS 2021.

A Division Bench of Justice DY Chandrachud and Justice MR Shah was hearing the plea filed by Dental Graduates seeking directions to the Medical Counselling Committee (MCC) to release the counselling date for NEET-MDS 2021 at the earliest.

During the hearing, Additional Solicitor General KM Nataraj appearing for the Union of India informed the Court that they have taken a decision to provide 27% reservation to OBC in All India Quota quota and will come up with a notification shortly.

"What do you mean shortly? Tell us now. It was in newspapers last week that you have issued a notification " Justice Chandrachud remarked.

ASG then submitted before the court that the counselling date will be announced in two weeks.
"We will keep it day after tomorrow, you tell us when will you announce the counselling. Tell us on Wednesday morning when will you start the counselling"

The Supreme Court had on July 19th granted one week time to the Union of India to move an application in pending civil appeal before the top court, seeking extension of time for the Committee (constituted to finalise recommendations on the issue of OBC reservation against All India Quota) to complete the exercise.

The Bench had made a note of submissions made by ASG KM Nataraj that the Union of India proposes to apply to the Supreme Court for an extension of time for the Committee to complete the exercise, as that process would not be concluded due to covid and other administrative difficulties.

The Committee referred to here was constituted by the Union of India, under Madras High Court's direction, in the plea involving the issue of OBC reservation against All India Quota in UG and PG Course for both Medical and Dental faculties. The Madras High Court had directed the constitution of a committee by the Union government to finalize its recommendations after consultation with all states, including Tamil Nadu.

The Bench had noted that the Madras High Court's judgment was challenged by the State of Tamil Nadu before the top court because there was no Constitutional impediment for implementing OBC reservation for that academic year 2020-2021. However, a 3-judge bench of the Supreme Court noted that the Committee formed by Union is examining modalities and the final decision would be taken after consulting all states and will be implemented in the next academic year, 2021-2022. The appeal is still pending.

The Apex Court had on July 12 directed the Union Ministry of Health and Family Welfare to announce the counselling dates for NEET-MDS 2021 within a week, observing that the delay in counselling will lead to serious consequences to the students.

The Bench had observed that the delay in counselling would lead to serious consequences to the students, who have been waiting after the test results were announced on December 31, 2020.

The Bench had stated that,

"Prima facie we have heard Senior Advocate Vikas Singh for petitioners and ASG Mr KM Natraj appearing for Union Ministry of Health and Family Welfare. At the request of ASG, we grant one week's time for a response to the grievance set out in the petition. We expect that an expeditious decision will be taken within the course of next week and the court be informed when Union Government proposes to hold counselling for students whose MDS NEET results were declared on December 31 2020. We hope that the Union Government would be conscious of the serious consequences which will be faced by these students as a result of the long delay in completing the counselling".

Through its counter affidavit in the present matter, the Ministry of Health asked the Supreme Court to allow them to conduct NEET MDS Counselling Virtually within 4 Weeks with existing reservation policies. The Ministry further stated that they have not been dilly-dallying in conducting counselling, and the delay has been caused due to wanting clarification by the Supreme Court on the issue of OBC reservation in All India Quota Seats contributed by State medical colleges under AIQ Scheme.

In the present case, the Dental Graduates represented by Advocate Sanjay Kumar Dubey have sought directions to conduct separate counselling for the NEET-MDS 2021 and not wait for NEET-PG counselling for commencement of NEET-MDS 2021 counselling.

While stressing the undue delay caused in announcing the counselling schedule for NEET-MDS 2021, the present plea has been filed through Advocate Charu Mathur, seeking directions to MCC to conduct separate counselling for the NEET-MDS 2021 and not wait for NEET-PG counselling to commence with NEET-MDS 2021 counselling.

The Petitioners, who are NEET-MDS aspirants and hold a BDS degree, have challenged the 'unjust and infinite delay' caused by the Medical Counselling Committee (MCC) in announcing the counselling schedule for NEET-MDS 2021. It may be noted that NEET-MDS is the single eligibility cum entrance examination for admission to MDS Courses for the academic session 2021.

Case Title: Debraj Samanta and Ors v. Medical Counselling Committee (MCC) and Ors