NEET PG Counselling : Supreme Court Issues Notice On Doctor's Plea To Attend Mop-Up Round

The Supreme Court on Friday sought the response of the Medical Counselling Committee and the National Board of Examination on petitions filed by doctors who appeared in the first round of counselling of NEET PG 2021 seeking permission to appear in the mop-up round.

Issuing notice on the writ petitions, a bench of Justices DY Chandrachud and Surya Kant posted the matter to March 21, 2022.

One of the petitioner had participated in Round 1 of the Counselling and had joined DNB Psychiatry but was not provided an upgrade in Round 2 and the other petitioner was allotted MS (General Surgery) in first round of counselling and in the second round had joined Paediatrics branch. Both the doctors intended to apply for the Mop-Up round.

Senior Advocate Sanjay Hegde appeared for one petitioner (Dr Vineet Rathi) and Senior Advocate Gopal Sankaranarayanan appeared for another petitioner (Dr Anjana Chari SN).

"This question is not merely of mop up & stray seats but due to peculiar circumstances of pandemic, there are 6000 seats involved. The scheme precludes us from upgrading...", Hegde submitted. Senior Counsel also drew Court's attention to the notice dated March 5, 2022 issued by DGHS with regards to students deliberately trying to block the seats by opting for seats and not joining the allotted seats.

"They say that once you take a seat you cannot upgrade. They want certainty in the process", Justice Chandrachud observed.

Senior Advocate Gopal Shankaranarayanan submitted that there are documents showing the blocking of seats. To substantiate his contention, Senior Counsel also laid emphasis on the notice dated March 5, 2022. 

Pointing to the notice issued by DGHS dated March 10, 2022 he also submitted that there was another aspect to the matter pertaining to conversion of unfulfilled NRI/Muslim Minority/Jain Minority seats to Indian National Seats after exhaustion of all the eligible NRI/Muslim Minority/Jain Minority candidates during the Mop-Up round before reverting them back to the Universities.

"We'll give you an early date and consider what the other side has to say. We'll keep it on Monday after Holi", Justice Chandrachud said.

Details Of The Plea

The petition was preferred by the doctors who had appeared in NEET PG 2021 and participated in Round 1 of the Counseling and had joined one course but was not provided an upgrade in Round 2 and thus intended to apply for the Mop-Up round.

It was argued in the petition that the seats for Mop Up Round were not available for the candidates who have joined seats in Round I or Round II which created an embargo and was duly prejudicial to the candidate's interest.

"That while restricting the candidates an option of upgrade and to apply for the Mop-Up round, the Respondent is taking away the precious right of the meritorious candidates to apply for the Mop- Up round. It is also creating an artificial divide among the candidates who are registering for round 1 and round 2 and the candidates who can registering for Mop-Up round," the plea stated.

To substantiate their contention, doctors in the plea relied on information brochure of INI CET wherein candidates were allowed to register for the Open Round of seat allocation (which is after the 1st and the 2nd round) subject to vacating the original allocated seat during allocation process.

Against this backdrop, the plea said,

"The Petitioner and other similarly placed candidates are grossly aggrieved by the action of the Respondent No. 1 in not allowing the candidates to apply for Mop-Up round in case they are holding a seat of Round-1 or Round 2. By doing so, the Respondent in an unfair manner is restricting the candidates to apply for the Mop-Up round."

The petitioners also sought relief to amend clause (g) of the modified scheme which provides no option of up gradation to Mop Up Round from Round 2 and clause (h) which restricts the candidates who have joined allotted seat in Round 2 and further rounds from resigning and participating in further rounds.

"That the aforementioned stipulation restricts meritorious candidates the chance to get the branch or seat, even if they deserve the same. Thus, restricting the chances of the meritorious candidates to get the branch and seat, even if they are deserving and would have otherwise been eligible for the same, had they not applied for Round 1 or 2," the petitioners contended.

Reference was also made to the order passed by the bench led by Justice LN Rao in Nihla PP v MCC wherein directions were issued to the Union Government to file an affidavit explaining the scheme of counseling for NEET- PG/UG 2021.

It may be noted that pursuant to the directions of the Top Court, Medical Council Committee of Directorate General of Health Services (DGHS), Ministry of Health and Family Welfare had informed the Court that modified scheme for All India Quota counselling from the academic year 2021-2022 for NEET (both Undergraduate and Postgraduate programmes) would be implemented.

The petitioners were represented by Dubey Law Associates and the petition was filed through Advocate Dr Charu Mathur.

Case Title: Dr Vineet Vijendra Rathi v Medical Counselling Committee & Ors and Dr Anjana Chari SN v Medical Counselling Committee & Ors.

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