NEET- PG : Supreme Court Issues Notice On Plea Alleging Impersonation In Counseling

The bench of Justices DY Chandrachud and Surya Kant while issuing notice requested Additional Solicitor General Aishwarya Bhati to assist the Court in this regard. Bench also granted liberty to serve the Standing Counsel for the State of Karnataka

"We'll issue notice. Liberty to serve the Standing Counsel to the State of Karnataka. Ms Bhati, please assist the court," the bench remarked.

Appearing for the petitioner, Senior Advocate Sanjay Hegde submitted that the petitioner was a student who lived in Rajasthan and studied in Maharashtra but someone else took admission in her name in the State of Karnataka.

"It's a very fishy case. Only when I came here, I found out. 11 lakhs have been deposited. Somebody blocked the seat and I don't know how someone got that seat. I can't go on a state quota in Karnataka in any manner," Senior Counsel further submitted.

"They can file FIR in this," submitted ASG Aishwarya Bhati.

"Ms Bhati, can you clarify?" the bench remarked at this juncture.

On ASG Bhati agreeing to take instructions in this regard, the bench said, "We'll issue notice. Liberty to serve the Standing Counsel to the State of Karnataka. Ms Bhati, please assist the court."

The petitioner had participated in AIQ Round 1 and round 2 and was allotted a seat in M.D. Psychiatry in Mahatma Gandhi Institute of Medical Sciences, Wardha, Maharashtra in AIQ Round 2 but she did not join the AIQ seat and exited with forfeiture.

On exiting, she participated in State of Maharashtra counseling in the State Quota she was allotted M.D. Chest and T.B. from Indira Gandhi Government Medical College, Nagpur but did not join the state seat too.

Against this backdrop, the petitioner had also challenged the notice dated April 16, 2022 issued by the State of Maharashtra debarring her to participate in fresh mop up round.

It was stated in the petition that in terms of the order dated March 31, 2022 wherein the Top Court had said that 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, the petitioner was eligible to participate in the fresh mop up round as she did not join round 2 AIQ seat or State Quota seat.

"Thus, the Petitioner is eligible to participate for fresh AIQ Mop-Up and in the most arbitrary, mechanical and illegal manner blocked by impugned notice dated 16.04.2022. This despite the fact that the Respondent No.2 in its notice dated 26.03.2022 clearly showed status of the Petitioner as Non Joined/canceled candidate. That this is in gross violation of the Fundamental Rights guaranteed by the Constitution and hence the Petitioner is constrained to knock the doors of this Hon'ble Court," the petition stated.

The petitioners were represented by Dubey Law Office and the petition was filed through Advocate Milind Kumar.

Case Title: Anubha Sukhwal v MCC| W.P.(C) No. 282/2022

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