"You Have To Fill The Seats" : Supreme Court Takes 'Serious View' Of AIIMS Decision To Cancel INI-CET Admission Rounds

The petition claims that the impugned decision came as a surprise to the candidates who were expecting seats in premier medical colleges in the country through open and on-spot admission rounds of INI-CET exam. INI-CET was introduced in 2020 for admission to PG medical courses in AIIMS and some other medical institutions of repute. Medical students are admitted to PG courses through NEET, but INI-CET is exclusively for admission to PG courses in institutes of national importance.

A Bench comprising Justices Sanjay Kishan Kaul and Abhay S. Oka sternly told the Counsel appearing on behalf of AIIMS that it would take a serious view of the seats left vacant in INI-CET July 2022 session.

"We will take a serious view of this. You have to fill in the seats. Period."

It granted a week's time to file counter affidavit and thereafter 3 days' time for rejoinder.

Sr. Adv. Gopal Sankaranarayanan appearing on behalf of the petitioners commenced with his arguments elucidating the misery of the candidates who put in the best years in preparation to crack these competitive exams, but unfortunately their aspirations fall prey to the administrative apathy.

"This is becoming an annual affair where students spend a better part of their life in preparation, because of the complete administrative apathy, your lordships' courts are beseeched by these applications. I don't understand why they cannot sort it out."

He emphasised that though the results for the INI-CET exam was declared on 14th May, 2022, it took about three months for AIIMS to initiate the counselling process. The first round of counselling took place on 5th August, 2022 and the second round between 27th August, 2022 and 31st August, 2022. The Senior Advocate apprised the Bench that as per the Apex Court's judgment in Ashish Ranjan v. Union of India, (2016) a time-schedule prepared by the erstwhile Medical Council of India was approved by it. According to the said schedule the last date for filling up of medical seats against stray vacancy is 31st August of the relevant academic years.

Mr. Sankaranarayanan submitted that AIIMS had filed an application on 1st September, 2022 seeking extension of the counselling period beyond 31st August. However, he argued that the same was rejected as AIIMS could not canvas the facts and circumstances in the best manner possible. Thereafter, the present writ petition was filed and the Court was informed that out of the 919 most coveted medical PG seats in the country, only 182 were filed. The Apex Court issued notice on 30th September, 2022.

After hearing submissions on the factual aspects, Justice Kaul asked the AIIMS Counsel, "How many seats are lying vacant?"

He responded, "450. They are carried forward for the next year"

Displeased, the Judge stated, "How can you not fill vacancies?"

The Counsel representing AIIMS submitted -

"NEET timelines are different, our timelines are different. We conduct examinations twice a year."

Justice Kaul reiterated, "Why can't you fill it up?"

The Counsel responded, "These exams happen twice. Next is on 13th Nov."

Unhappy with the response, Justice Kaul remarked, "How does it answer our question? Once the seats are available why are they not being filled."

Justice Oka asked the Counsel why there was a delay in initiating the process of counselling.

The Counsel responded, "two rounds have already taken place. Open round and on-spot round did not take place…The entire software for the exam had to be changed this time, the entire mechanism was changed. There are 12 AIIMS, all had to be taken on board."

Justice Kaul reckoned, "You need doctors, you have seats and you are not able to fill them up."

The Counsel assured the Bench that the seats are not wasted, but carried forward to the next session.

Justice Oka, pertinently, pointed out, "But, candidates have to take up the exam again, compete again."

Mr. Sankaranarayanan submitted that it is time that the Court takes suo moto cognizance and lays down some guidelines for medical admissions in the country.

Justice Kaul was of the opinion, "The problem today is that we are trying to run the admission process, we will have to leave it to the authorities."

The matter is to be next listed on 17th November, 2022.

The petitioners were represented by Advocate, Ms. Tanvi Dubey led by Senior Advocate, Mr. Gopal Sankaranarayanan.

[Case Title: Sarthak Vats And Ors. v. AIIMS New Delhi And Ors. WP(C) No. 856/2022]

Click Here To Read/Download Order