'Will Create Confusion': SC Dismisses Plea Seeking Filling Up Of Vacated Seats Of AIQ Medical NEET-PG In Order Of Merit [Read Order]

The Supreme Court on Thursday dismissed a plea seeking directions to the Union to come forth and declare 3309 seats of All India Quota (AIQ) under Medical NEET-PG 2020 which have been vacated by candidates, as being lapsed on account of non-joining of selected/shortlisted candidates after the publication of final list and fill them up in order of merit as per the NEET-PG examination.

A bench of Justices AM Khanwilkar, Dinesh Maheshwari & Sanjiv Khanna observed that after the counselling was concluded, seats cannot be transferred to any candidate and dismissed it.

Justice Khanwilkar: This will create more confusion & result in denial of admission of eligible candidates in the state quota seats. That will be a countenance to the legal principle & MCI's letter of July 22.

The plea contended that the despite the High Court's directions passed on May 9, 2017 in (W.P No. 267 of 2017) Dar-Us- Slam Educational Trust Vs. MCI & Ors and Directions ofHigh Court of Delhi in (W.P (C) 5397/2018 & C.M Nos. 20952-53/2018) Dr. Sneha Prakash Vs. Union of India & Ors., the Medical Counselling Committee, Directorate General of Health Sciences has received many resignation requests from joined candidates after completion of Round 2 of Counselling of NEET-PG 2020 examination, which was completed on 16.06.2020.

"It has been found that after the final list that has been published, there is a total of 3373 number of AIQ seats which have been vacated after joining, under the NEET-PG 2020, and which are now being reverted to the respective State quota for counselling by the State Government or the authority designated by the State Government. Thus, because of the lapse of AIQ seats, candidates like the Petitioners herein who were genuinely willing to avail the AIQ seats, are being deprived for the reason that the said vacant or lapsed AIQ Seats are being passed on to the States"

In this backdrop, the petitioner has contended that those candidates like himself who have been unable to avail the seat shall not be allowed to do so. In light of the pandemic situation, the schedules of PG exams have been altered and caused the results of NEET-PG have been delayed with AIIMS, JIPMER & PGI declaring their results first, he states. "Therefore, this has led to chaos amongst the candidates, who after realizing that they have secured seats in AIIMS, PGI-Chandigarh, and JIPMERPondicherry, have opted to leave their seats secured under the AIQ of the NEET-PG exams. Therefore, a large number of non-reporting/joining or vacant AIQ seats have been created which are now being sought to transfer to state admission committees" he said.

Plea states that when the nation is gripped in a pandemic, the need for trained doctors is the need of the hour. In light of the same, it will adversely affect the healthcare in our country if such vacated seats are allowed to lapse, and therefore and it is important that the seats under the AIQ quota in Government Medical Colleges as well as Deemed Universities are filled on the basis of the rankings obtained in the NEET-PG 2020.

The plea had been filed by Advocate Adeel Ahmed.

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