NEET PG 2020: Supreme Court dismisses plea demanding declaring 3300 vacated AIQ seats as lapsed

New Delhi: In a major setback to candidates demanding the declaration of vacated All India Quota (AIQ) seats as lapsed, the Supreme Court has now dismissed the petition stating that it will create confusion

Medical Dialogues team had earlier that a plea had been filed with the Apex Court, seeking directions to the Union to come forth and declare more than 3000 seats of All India Quota (AIQ) under Medical NEET-PG 2020 which have been vacated by candidates, as being lapsed on account of non-joining of selected/shortlisted candidates after the publication of final list and fill them up in order of merit as per the NEET-PG examination. 

The plea filed through advocate Adeel Ahmed said due to the ongoing COVID-19 crisis, the examination results for the admission session this year of AIIMS, JIPMER and PGI-Chandigarh were announced after completion of Round-2 of counseling of NEET-PG 2020 examination, which was completed on June 16.

"Therefore, candidates who had earlier enrolled themselves under the AIQ seats of NEET-PG 2020 examination, finding better opportunities in AIIMS, JIPMER or PGI-Chandigarh, have abandoned their AIQ seats under NEET-PG for the admission session 2020, and have opted to join AIIMS, JIPMER or PGI-Chandigarh", the plea had stated.

The plea argued that it has been found that after the final list, there is a total of 3,373 AIQ seats which have been vacated after joining, under the NEET-PG 2020, and which are now being reverted to the respective state quota for counselling by the state government or the authority designated by the state government.

"Thus, because of the lapse of AIQ seats, candidates like the petitioners herein who were genuinely willing to avail the AIQ seats, are being deprived for the reason that the said vacant or lapsed AIQ seats are being passed on to the states and hence, they are unable to avail the same, despite the vacant AIQ seats", argued the plea.

A bench comprising Justices A.M. Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna issued notice to the centre in the last hearing.

In the recent hearing held yesterday, the court noted after the process of 2nd round of counselling was concluded and the final list was notified, the vacant seats have been transferred to State quota in terms of the decision of this Court in Ashish Ranjan & Ors. Vs. Union of India & Ors. - (2016) 11 SCC 225 and these seats are required to be filled as per the principle set out therein 

In other words, all the vacant AIQ seats will have to be now treated as State Quota seats and dealt with accordingly. The court noted

We fail to understand, as to how, the relief as claimed by the petitioners before us can be countenanced contrary to the settled legal position. Moreover, it would be counterproductive to declare the unfilled seats having lapsed. For, the same are available for allotment to the eligible candidate(s) against the State Quota seats. In our opinion, the relief as claimed if granted will create confusion and in fact result in denial of 3 admission to eligible candidates against the transferred State Quota Seats. That will be counterproductive and also against the spirit of the concern expressed in the communication dated 02.07.2020 (Annexure P-18) sent by the Medical Council of India.

The court then disposed off the petition stating 

Suffice it to observe that substantive relief as claimed cannot be countenanced and for which reason further direction sought in terms of prayer Clause (c), also cannot be countenanced. Hence, this Writ Petition fails and the same is dismissed accordingly. Pending applications, if any, stand disposed of