Doctors have to deal with life, merit cannot be disregarded: SC denies NEET SS 2021 Cutoff Reduction

Published On 2022-05-10 07:54 GMT   |   Update On 2022-05-11 05:21 GMT

New Delhi: Observing that the question of reducing cutoff percentile is an academic policy matter, the Supreme Court on Monday refused to entertain a plea seeking reduction in NEET-SS Cutoff Percentile and thereby disregard merit.

Such a decision was taken by the top court bench comprising of Justices DY Chandrachud and Surya Kant as it took note of the fact that even though there were enough candidates for filling up the vacant seats, the authorities decided not to lower the percentile as it did not compromise the merit.

"Sufficiently candidates were available for undertaking the counseling of vacant seats and the decision not to reduce the percentile is based on not compromising the merit. Doctors have to deal with life and merit cannot be disregarded. Question is to whether the percentile should be reduced further is a matter of academic policy. Reasons by the Ministry cannot be regarded as extraneous and arbitrary. In the circumstances it is not possible for this court to entertain the request for directing reduction in the percentile. If considered decision is taken to not lower standards to lower the percentile such a decision cannot be faltered," noted the bench as it dismissed the plea.

Doctors have been demanding a reduction in the cutoff percentile of National Eligibility-cum-Entrance Test Super Specialty Examination in order to fill up the seats that remained vacant after the completion of the counselling process. Medical Dialogues had earlier reported that referring to hundreds of vacant seats in the Super Speciality courses, the doctors under the umbrella of Federation of All India Medical Association (FAIMA) had written to the Union Health Ministry.

In that letter, the doctors pointed out that with the current cutoff mark of 50th percentile, a lot of doctors would be unable to qualify the cutoff percentile and this would result in a huge vacancy. They referred to the fact that because of the decision of not lowering the percentile, around 700 seats remained vacant in 2020. FAIMA also pointed out that this year, if the cutoff does not gets reduced, there will be around 890 vacant super specialty seats.

Also Read: NMC specifies Last Date for NEET PG, SS Counselling, directs Medical colleges to submit admissions info

When the matter reached the Supreme Court, the counsel for the petitioners, Senior Advocate PS Patwalia pointed out before the bench that for the academic year 2021-22, around 940 seats were vacant. Urging the bench to lower the percentile, the counsel for the petitioners submitted that if the cutoff remained the same, there would be a national waste of resources.

At this outset, he also referred to the fact that the percentile was lowered to 30th percentile in the academic year 2019-2020 and it was lowered to 45th percentile in 2020-2021.
Further referring to the decision of lowering the cutoff in PG medical courses, the senior counsel appearing on the behalf of the students claimed that there was no reason not to extend similar relief for NEET SS candidates.
In order to support his argument, the counsel for the petitioners placed reliance upon the top court's order in the case of Harshit Aggarwal v Union of India, wherein the Supreme Court had noted that the Central Government had earlier lowered the qualifying cut off by 10.00 percentile for the admission of BDS Course for the academic year 2019-2020.
On the other hand, the counsel representing the Union Health Ministry, Additional Solicitor General Aishwarya Bhati, explained to the Court that in case of academic year 2019-2020, the decision of lowering the cutoff to 30th percentile resulted in the reduction of vacant seats from 809 to 272. In case of the academic year 2020-2021, lowering the cutoff by 5 percentile resulted in reducing the number of vacant seats from 916 seats to 91 seats.
However, ASG Bhati argued that in case of this academic year i.e. 2021-2022, the major part of the 940 vacant seats are vacant in subjects where seats do remain vacant as a matter of contemporary experience. It was further submitted by the ASG that after considering the issue in a meeting held on 4th May 2022, all the stakeholders decided not to lower the percentile as lowering the percentile would result in compromising the standard.

Taking note of the submissions of both the parties, the bench decided not to interfere in the petition and the bench was quoted observing by Live Law, "Sufficiently candidates were available for undertaking the counseling of vacant seats and the decision not to reduce the percentile is based on not compromising the merit. Doctors have to deal with life and merit cannot be disregarded. Question is to whether the percentile should be reduced further is a matter of academic policy. Reasons by the Ministry cannot be regarded as extraneous and arbitrary. In the circumstances it is not possible for this court to entertain the request for directing reduction in the percentile. If considered decision is taken to not lower standards to lower the percentile such a decision cannot be faltered."

Also Read: Around 889 seats Vacant: Doctors urge Health Minister to lower NEET SS cutoff percentile

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Article Source : with inputs

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