NEET PG- HC Stays Phase II Allotment, Allows participation by Non-Registered Doctors now Eligible due to revised percentile
Madhya Pradesh High Court
Jabalpur: The Madhya Pradesh High Court has stayed the Phase II Seat Allotment for the National Eligibility-Entrance Test Postgraduate (NEET-PG) 2024 Counselling after taking note of the changes made in the rules in between the counselling process. Further, the HC bench comprising Justices Sushrut Arvind Dharmadhikari and Anuradha Shuka has also issued directions to the Department of Public Health and Medical Education, Bhopal to reopen the portal so that the candidates, who have become eligible to participate in the counselling process due to the reduction in the NEET-PG cut-off percentile can register for the counselling.
"In the facts and circumstances of the case, as an interim measure, respondents No.2 and 3 are directed to open the portal for registration of the candidature of the petitioners provisionally subject to final outcome of this petition," ordered the Court.
The High Court bench further mentioned that "The said exercise be done forthwith without any loss of time and the petitioners be also permitted to participate in the MP State Combined NEET PG Counselling (MD/MS Course) 2024 forthwith and the result scheduled to be declared on 07.01.2025 be kept in abeyance until further orders of this Court."
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The plea was filed by in-service candidates who have completed their MBBS degree and are serving in the rural areas of the State of Madhya Pradesh since the last 3 to 11 years.
They submitted that as per notification dated 30.12.2024, issued by the Director of Medical Education Bhopal, the counselling for the second round of MP State Combined NEET PG Counselling (MD/MS Course) 2024 to fill up the MD/MS seats was to commence from 01.01.2025 and fresh choice filling and choice locking for the second round was to commence from 03.01.2025 till 06.01.2025. Consequently, the results for the second round were to be announced by 08.01.2025.
However, the petitioner pointed out that as per the notice dated 04.01.2025, issued by the Union Ministry of Health and Family Welfare, the eligibility percentile criteria for participating in the NEET PG Counselling 2024 was lowered making it to the 15th percentile for the General/EWS category candidates and 10th percentile for SC/ST/OBC/PwD category candidates.
The petitioners submitted that in view of the notice dated 04.01.2025, they became eligible to participate in the NEET PG Counselling. However, since the portal had not opened after 04.01.2025, they were unable to participate in the counselling. Further, the petitioners claimed that the authorities changed the criteria as laid down in the notification dated 31.12.2024 by amending the same by notification dated 04.01.2025 thereby depriving the petitioners to participate in the counselling.
On the other hand, the counsel for the authorities opposed the prayer and submitted that the petitioners had missed the bus since they had not registered themselves for the NEET PG Counselling of MD/MS course 2024. Therefore, they claimed that the plea had no merits and was liable to be dismissed at this stage.
While considering the matter, the Court observed that "It is trite law that the rules/procedure as laid down cannot be changed in between. Thus, as per notice dated 04.01.2025, the petitioners cannot be prima facie deprived from participating in the second round of counselling."
Accordingly, as an interim measure, the Court directed the Department of Public Health and Medical Education, Bhopal to open the registration portal of the candidature of the petitioners provisionally subject to the final outcome of the plea.
Further, the Court directed the authorities to complete the process without any delay and allow the petitioners to participate in the MP State Combined NEET PG Counselling (MD/MS Course) 2024.
To view the HC order, click on the link below:
https://medicaldialogues.in/pdf_upload/mp-high-court-268065.pdf
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