HC takes note of Backdoor entry, questions how candidates with low NEET scores got MBBS admission to private medical colleges despite no reservation

Allahabad: Observing that backdoor entries in MBBS admission have been granted to certain privileged and highly connected candidates, the Allahabad High Court recently took note of the fact that OBC/SC candidates with lower marks were granted admission in the private medical colleges, where reservation is not applicable, where on the other hand candidates from outside the State were not allowed to participate in the counselling despite having higher marks.

These observations were made by the HC bench comprising Justices Mahesh Chandra Tripathi and Prashant Kumar while considering the pleas by eleven petitioners, non-residents/non-domicile of Uttar Pradesh. 

After appearing in the National Eligibility-cum-Entrance Test (NEET) conducted by the National Testing Agency, these candidates passed with marks ranging between 108-132. These petitioners belonged to the OBC/SC category for which the cut-off had been declared as 107. The cut-off for the general category was fixed at 138.

It was submitted by the counsel for the petitioners that according to the guidelines/policy for candidates appearing in the MBBS/BDS counselling for the academic year 2023-2024, counselling is followed by mop-up round.

As per the eligibility criteria in clause 2 (2), only the domicile of Uttar Pradesh is eligible to apply for admission in MBBS/BDS course in all Government Medicals/Dental Colleges/Medical Universities/Minority institutions. However, Clause 2(4) domicile of the UP was not a necessary criteria for admission in the Private Medical/Dental Colleges. Further, Clause 7 specifically mentions that there will be no reservation of any kind in private Medical/Dental Colleges.

Referring to this, the counsel for the petitioners argued that the Director General of Medical Education and Training, Uttar Pradesh conducted the counselling in a centralised manner for the 2023-2024 session. 

However, when the petitioners tried to apply for counselling in their categories, it showed "not eligible" for both 1st and 2nd round of counselling as well as in the mop-up and stray vacancy round. It was pointed out that candidates who had secured lower marks than the petitioners and were the domicile of Uttar Pradesh were granted admission.

Also Read: SC denies allowing Backdoor Entry, cancels MDS admissions granted to seven students

The counsel for the petitioners argued that there has been no policy change since the academic session 2021-2022, where candidates with different domiciles had been granted admissions. Referring to this, it was argued that change in criteria for academic session 2023-2024 is arbitrary and against policy/guidelines. At last, the petitioners' counsel pointed out the fact that 780 seats in MBBS /BDS course are still lying vacant and the petitioners were eligible for admission on the said seats.

As per the latest media report by Live Law, the Court impleaded the Uttar Pradesh Government through Principal Secretary, Medical Health & Education in the petition and directed that personal affidavits be filed by Principal Secretary, Medical Health & Education and Director General, Medical Education and Training, Uttar Pradesh Lucknow detailing “as to how OBC/SC candidates with marks of 120, 114 and 125, were granted admissions in Private Medical Colleges, wherein the reservation is not applicable and what was the reason for not allowing the candidates of outside the State of Uttar Pradesh, who have higher marks than the petitioners, to participate in the counselling.”

However, during the hearing of the case on Wednesday, the court expressed serious displeasure on incomplete information being supplied to it by way of personal affidavits.

In respect of the instructions obtained by the State Counsel, the HC bench observed that on the one hand, the Director General of Medical Education and Training acknowledged that there is no reservation in the private Medical/Dental Colleges in the State and the seats are unreserved (open). On the other hand, the bench noted that the shelter of Government Order by the Union where the minimum cut-off marks for the OBC/SC candidates in the NEET UG 2023 fixed at 107 was taken to justify admitting the candidates belonging to the OBC/SC category and having domicile of the State of UP.

“When there is no reservation in the Private Medical Colleges, how can students at point nos.2, 3 and 4, who have much lower marks than the petitioners, can be admitted in the Private Medical Colleges. It is apparent from the record that back door entries have been granted to certain privileged and highly connected candidates,” the bench observed.

Therefore, the bench adjourned the case and granted time to the State Counsels to seek better instructions. Further, taking note of the discrepancies and contradictions in the instructions obtained by the State Counsel, the HC bench restrained the authorities from filling up 11 undergraduate seats in the ongoing counselling in the stray vacancies.

Also Read: Rs 1 crore to Rs 2 crore penalty to Medical Colleges for Backdoor Entries in MBBS admissions