Plea Seeks to Halt Conversion of PwD Quota Seats to General in NEET PG Counselling, HC asks MCC to respond

New Delhi: The Delhi High Court has sought a response from the Medical Counselling Committee (MCC) and the Union of India on a plea opposing the conversion of vacant postgraduate medical seats reserved for physically disabled candidates to general candidates in the third round of National Eligibility-cum-Entrance Test Postgraduate (NEET-PG) counselling 2024.

Filing a plea before the High Court, a group of PwD (persons with benchmark disabilities) category candidates sought the intervention of the Court in the matter to preserve the seats for PwD candidates in ongoing NEET PG counselling till the stray vacancy round. They were represented by their counsels Rohit Singh and Mahendra Kumavat.

The third round of central NEET PG counselling has commenced on 26 December 2024. These petitioner candidates contended that the majority of seats reserved for PwD candidates are were still lying vacant due to the non-availability of qualified PwD candidates even after two rounds of counselling.

During this academic session, the Central Government has not relaxed the minimum percentile criteria despite the large number of NEET PG seats lying vacant.

Referring to this, the petitioner PwD candidates argued that if the Union Government decides to relax the minimum percentile criteria for participating in the NEET PG counselling after the third round of counselling, the PwD candidates would not be able to avail the benefit for any such relaxation of minimum percentile criteria because during the third round of counselling MCC would convert all the vacant PwD quota seats in the general seats due to non-availability of candidates.

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Agreeing to hear the matter, the HC bench has issue notice in this regard to the Union Government and the MCC. Further, considering tha nature of urgency in this matter, the Court has asked the authorities to file their reply before the next date of hearing. The matter has been posted for further hearing before the vacation bench on 30.12.2024.

"Looking at the nature of urgency expressed by learned counsel appearing for the petitioners, who contend that the seats, if not filled up, would be converted to general category, the Registry is directed to list this matter before the vacation Bench on 30.12.2024...The respondents are directed to take instructions and file a reply before the next date of hearing," ordered the HC bench comprising Justice Purushaindra Kumar Kaurav on 24.12.2024.

What does the Plea say? 

In their plea, the PwD candidates argued that the purpose of horizontal reservation for the PwD candidates was to protect the constitutional rights of equality of PwD candidates and to ensure that the persons with the physical disabilities can live with dignity and can avail equal opportunities without discrimination in the field of employment and education.

"...all the PwD seats available in PwD category is converted to general/non PwD seats and will be offered to a general/normal candidate during the third round of counselling. As a result to this there will be not be single seat available in PwD category in fourth round or stray vacancy round of NEET PG Counselling 2024," the petitioner mentioned in the plea.

They pointed out how last year the Ministry had reduced the qualifying percentile to appear in the NEET PG counselling to "zero" to reduce wastage of seats.

At this outset, they also highlighted how in the recently concluded NEET MDS exam 2024, the authorities had invoked DCI's MDS Regulations, 2017 to relax the minimum percentile criteria across all the categories including PwD to participate in NEET PG (MDS) 2024 counselling in fourth round or stray vacancy round.

However, the petitioners argued that the PwD candidates who became eligible to participate in the NEET PG (MDS) 2024 counselling in fourth round and subsequent due to the reduction in the minimum percentile criteria did not get a seat in their respective PwD category as those PwD quota seats were already converted in a general/non PwD seats and were already given a general/non PwD candidate in the third round itself.

"That NEET MDS third round result available with MCC website shows that there was zero allotment to PwD candidates and all the 15 seats had been converted/upgraded in general/non PwD seats of that particular category," highlighted the plea.

"That it is pertinent to mention here that relaxation in minimum eligibility percentile criteria post third round is an eye wash for PwD category candidates because by the time they rode the bus their entire seats were given or upgraded in general/non PwD seats as per the conversion of algorithm provided in chapter 3 & 8 of the NEET Information Bulletin 2024," the plea stated.

The petitioners contended that the scheme of converting the PwD quota seats to general seats in the third round of NEET PG 2024 counselling in present circumstances "will deprive the petitioners from their right of equality and equal opportunity"

They further argued that the 5% horizontal reservation for the PwD category candidates in education and employment is created through an act of Parliament viz RPWD Act 2016 while the rule of conversion of PwD category seat is an executive direction. Therefore, they contended that the Act of Parliament must prevail over any executive/rule/order.

Apart from this, the petitioners also pointed out that the conversion of PwD category seats to general/non PwD category is an irrevocable process where the seats allotted any other category cannot be claimed back by the petitioners in the event the authorities proviso of regulation of 9(3) of Medical Council of India Post Graduate Medical Education Regulation 2000 after conclusion of third round of the counselling.

Therefore, they have urged the Court to issue an order directing the authorities to preserve the 5% PwD category seats in NEET PG MD/MS/DNB Courses till round four of NEET PG Counselling 2024 in the spirit of section 32 of RPWD Act 2016 and restrain the authorities to convert PwD category quota seat at third round of NEET PG Counselling Scheme 2024 for admission in MD/MS/DNB Courses. 

To view the Court order, click on the link below:

https://medicaldialogues.in/pdf_upload/delhi-hc-conversion-of-pwd-seats-266864.pdf

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