NEET PG : Supreme Court Directs All States/UTs To Complete 2nd Round Counselling By November 16

Background

Pursuant to the order of the Supreme Court in Nihila PP v. Medical Counselling Committee And Ors., four rounds of counselling were contemplated for AIQ PG seats. The last two of these were to be the mop-up rounds and the stray vacancy round. The modification was to be implemented for admissions to NEET-UG and PG for academic year 2021-2022. On 16.03.2022, Directorate General of Health Services, Ministry of Health and Family Welfare had issued an Advisory with respect to the eligibility of candidates to participate in the mop-up round conducted by MCC after the completion of 2nd round of Counselling by the State authorities. The relevant portions read as under -

"The candidates holding a seat in Round 2 of State Counselling are advised to not take part in the Mop-Up round of AIQ counselling and the participating State authorities are advised that the Candidates who have been allotted and joined a seat in Round 2 of the State Counselling may not be allowed to resign in compliance of the Gazette Notification No. MCI- 18(1)/2018-Med./100818 dated 5th April, 2018. It is also informed that the Mop-Up round is only for those candidates who have not joined/holding any seat during the previous rounds of counselling."

However, as the said scheme was not adhered to in counselling for the year 2021-22, writ petition was filed before the Apex Court. Eventually, on 31.03.2022, with respect to the counselling process of NEET-PG Examination, the Court, inter alia, directed as under -

"(v) In line with the regulations which have been notified on 5 April 2018, students who have joined in round 2 of the state quota or round 2 of the AIQ shall not be eligible to participate in the mop-up round for All India Quota."

In compliance with the said order the Directorate General of Health Services issued notice on 12.07.2022 to all stakeholders informing that MCC had developed a software for all participating state/counselling authorities for NEET-UG and PG to upload details of students who have joined till round 2 or more under the State quota or round two of the All India Quota on the common portal. The notice categorically mentioned that those who have joined till round 2 of AIQ or State Quota were not eligible to participate in the further rounds, from academic year 2022-23.

The grievance of the petitioners is that even though all the participating states/counselling authorities are required to upload the details of students who have joined up to round 2 on the common portal before Mop-up round can be commenced with, the respondents have commenced with the Mop-up round of PG counselling on 31.10.2022 even though several States are yet to complete counselling for Round 2. It is submitted that the same is not in compliance with the order of the Apex Court dated 31.03.2022 and the notice issued by the Directorate General. The petition argues that the action of the respondents have provided an opportunity to the candidates of the States that have not completed the 2nd Round of counselling to select seats from mop-up round and simultaneously from the 2nd Round of counselling in their respective States. However, the candidate of the States where 2nd Round of counselling is over is put at a disadvantage in this regard. The petition submits that the respondents have deliberately and contumaciously disobeyed and have not complied with the order of the Apex Court dated 31.03.2022 and hence is in contempt of the Court.

The petition was filed through Advocate-on-Record, Mr. Arpit Shukla.