BREAKING| NEET-PG :Supreme Court Cancels Mop-Up Round Counselling For AIQ; Opens 146 Additional Seats For Students Who Joined Round 2

Yesterday, observing that there were problematic aspects in the process of counselling for mop-up rounds for the NEET-PG All India Quota seats, the Supreme Court had asked the Union of India through the Director General of Health Services ("DGHS") to revisit the issues to set right the anomalies highlighted by the Court.

The Court expressed concerns at two aspects :

1. The addition of 146 new seats in government colleges in the mop-up round, which were not available in rounds 1 and 2;

2. The lack of uniform application of the notice dated March 16 of the Medical Counselling Committee which bars students who have taken admissions in state quota from participating in the mop-up round.

To obviate further complications, the Court ordered that the position in mop-up round counselling be kept at where it is now till the matter is heard today.

Court room exchange today

When the matter was taken today, Additional Solicitor General Aishwarya Bhati, submitted that the Director General of Health Services ("DGHS") is proposing to drop the 146 seats for the current year.

As regards the March 16 advisory, the ASG said that it is in tune with the Supreme Court direction in Nikhila PP case but the problem arose as the many states did not inform the Centre as to who had taken admissions in the State Quota.

The Bench expressed concerns at the move to drop the 146 seats and asked if it was possible to hold a fresh round for those seats.

"You can have additional rounds for 146 seats...we will have 146 more doctors and immediately have fresh mop up. You don't have to drop it. This is an alternative...It is such a criminal way to drop these 146 seats", Justice Chandrachud observed.

The Bench also pondered over the issue of asking 146 students who have joined to exit.

"146 students have already joined but if we drop but then they will have to leave right? 146 students have joined the 146 seats. It would be unconscionable on my part as judge. We are in a catch 22 situation. We would rather live with injustice of these 146 seats, someone will get educated you know", the judge added.

Saying that the Court did not want the 146 seats to lapse this year, Justice Chandrachud added :"What we will say is you hold fresh round for 146 seats. Ask for options within 24 hours from students and complete it within 1 week".

As regards the March 16 advisory, the judge added :"We will accept your advisory that students who participated in round 2 of state quota to not join AIQ Mop Up".

Advocate Shivendra Singh, appearing in the petition challenging the March 16 advisory, argued that it was against the scheme and that until March 16, the students were given to believe that those who have taken state quota seats will be eligible to participate in Mop Ups for AIQ.

"We can't please every student everywhere down the line. We can't give relief to your client although you've been very persuasive", Justice Chandrachud told Singh.

"If your lordships is allowing the students who participated in round 2 AIQ to participate for the 146 seats, your lordships can also allow the students who participated in round 2 State Quota. This will ensure parity", the ASG suggested.

The bench suggested that the 146 seats be opened to students who took seats in rounds 1 and 2 of the State Quota and All India Quota. The ASG suggested that the option be confined to Round 2 alone, saying that seats are always added to Round 2 every year and it is not seen as problematic as there is an option of free exit after Round 1.

Senior Advocates Sanjay Hegde and Gopal Shankaranarayan appeared for other petitioners

The bench was considering two sets of matters :-

One group of petitions were 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.

Another petition which challenges Medical Counselling Committee's notice dated March 16, 2022(impugned notice) which bars the participation in the mop up round counseling for NEET PG Admissions if the candidate has picked up seat in State Quota 2 counseling.

146 seats were not available in previous rounds

In the order passed yesterday, the Court noted that the 146 new seats added in the mop-up round were not available in rounds 1 and 2 of the counselling for AIQ seats.

The bench comprising Justice DY Chandrachud, Surya Kant and Bela Trivedi noted in the order :

"As a consequence, students who were allotted seats in round 1 and 2 did not have the opportunity to participate in these 146 seats. A decision was taken that the new 146 seats will be included in the mop up round.

As a consequence of this decision, these seats have been allocated, admittedly, to students who are lower in merit than those who were allotted seats in rounds 1 and 2 in AIQ. In our view, this is the first aspect of the matter which needs to be revisited by the DGHs as the consequence of this decision is to prevent students who are higher in merit and who had no opportunity to apply for these government seats"

Non-uniform application of March 16 advisory

The bench further noted that the second aspect which was of equal importance was the non-uniform application of the March 16 notice.

"The Second aspect which is of equal importance arises from March 16 notice as a consequence of which candidates who are allotted seats in round 1 and 2 in state quota are prevented from participating in mop up of AIQ. In this regard, the contention of the candidates is that the scheme which was placed on record in this court(in the Nikhila PP case) specifically dealt only with AIQ and there was no prohibition on students from candidates in state quota from participating in the AIQ mop up rounds. Prima facie it appears that the advisory dated March 16 has not been uniformly followed as a result of which some candidates inspite of advisory was permitted to appear in mop-up and while others in compliance with notice did not appear as they run the risk of surrendering their seats".

"If the advisory dated 16.03.2022 has not been admittedly followed uniformly across the country, this would create serious doubt as to whether the allocation of the seat in the AIQ mop-up round is fair"

"Before disposing of these matters, we are of that the Union of India should be given an opportunity to set right the anomalies", the Bench added in the order.

The main petitions have been filed through Dubey Law Chambers and Advocate on Record Charu Mathur.

Case Title: Dr. Suraj Shete and others versus The Medical Counselling Committee and others, WP(C) 202 of 2022; Dr Vineet Vijendra Rathi v Medical Counselling Committee & Ors and Dr Anjana Chari SN v Medical Counselling Committee & others