NEET MDS Counselling: SC Directs Karnataka to Complete Process within Extended Deadline by Centre

This direction by the Supreme Court bench comprising of Justice Justice D Y Chandrachud and Justice Sanjiv Khanna after the bench considered the communication dated 27 January 2022 of the Union Government and the Principal Secretary of the Karnataka Health and Medical Education Department. In that communication, the Union Government extended the deadline for completing the MDS admission process till one week from January 27.

"The Government of Karnataka shall abide by the timelines stipulated by the communication dated 27 January 2022 of the Union Government in the Ministry of Health and Family Welfare. The Dental Council of India shall take consequential steps in view of the decision of the Union Government, recorded above," clarified the bench.

Filing the plea under Article 32, the dental institutes had claimed the reliefs including quashing of the seat matrix, extension of the last date for PG MDS admissions from November 20, 2021, up to January 30, 2022.

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The court noted that even though the deadline for completing admissions for PG courses in MDS for the 2021-22 session was extended from 10 November 2021 to 20 November 2021 by the Union Ministry of Health and Family Welfare and that the Dental Council of India adopted a similar deadline, the State of Karnataka carried out the first round of counselling between 4 and 18 December 2021, while the second round of counselling was carried out between 18 and 30 December 2021. Admissions have been made beyond the cut-off date.

"In the above backdrop, it has been submitted that in view of the stipulation which is contained in the communication of MoHFW dated 12 November 2021 (Annexure P-2), a response may be from the Union of India on the position as it would obtain in regard to the admissions which have been carried out during the first and second rounds of counselling, beyond the cut-off of 20 November 2021," the bench had noted on January 3.

The counsel for the petitioner institutes submitted that Karnataka was exclusively entrusted with the responsibility of conducting counselling and it was the State which had delayed the process and carried out admissions beyond the deadline fixed by the Union Government.

It was further submitted by the petitioner institutes' counsel that 633 students have been admitted by the State of Karnataka albeit beyond the cut-off date and if these admissions are not regularized at the present stage, the colleges in the State of Karnataka will have no students for three years.

At this outset, the Supreme Court bench on January 12 had directed the Secretary of Medical Education in Karnataka to file an affidavit within one week explaining the circumstances in which the State breached the deadline of 20 November 2021.

During the hearing of the case on January 28, the Supreme Court bench took note of the submission made by Mr Shubhranshu Padhi, Advocate-on-Record for the State of Karnataka and referred to the communication dated 27 January 2022 of the Government of India in the Ministry of Health and Family Welfare to the Principal Secretary (H&FW), Health and Family Welfare Department of the Government of Karnataka.

In that letter, it had been stated that "I am directed to refer to DO letter no. HFW&MEM/1792/2022 dated 25.01.2022 of Dr K Sudhakar, Hon'blc Minister for HFW, Medical Education, Govt of Karnataka addressed to Hon'ble HFM, Govt of India on the subject mentioned above and to say that considering the repeated requests of the State Government of Karnataka as well as pending Writ Petition (C) No. 1369 of 2021 before the Hon'ble Supreme Court, as an exceptional circumstance, approval is hereby granted to the State Government of Karnataka to complete the process of MDS counselling for the Academic Year 2021-22, within a period of one week from the date of issue of this letter."

Referring to this communication, the Apex Court bench disposed of the petition while noting "The Government of Karnataka shall abide by the time lines stipulated by the communication dated 27 January 2022 of the Union Government in the Ministry of Health and Family Welfare. The Dental Council of India shall take consequential steps in view of the decision of the Union Government, recorded above."

To read the case order, click on the link below.