NEET PG: HC Upholds AFMS notification preventing candidates Allotted Seats in MCC 3rd Round from participating in subsequent counselling rounds

New Delhi: The Delhi High Court recently upheld the decision of Armed Forces Medical Services (AFMS) barring NEET-PG candidates from participating in the subsequent rounds of counselling, if they commenced attendance at an institute or were allotted seats in the third round of counselling conducted by the Medical Counselling Committee (MCC).

Issuing a notification, the Director General of AFMS changed the eligibility criteria and clarified that any candidate who had joined an institution, or was allotted a seat in 3rd round of MCC counselling, would not be allotted a seat in AFMS institutes.

Although some appellants challenged the matter, the Delhi High Court bench dismissed the prayer for quashing the notification. In fact, the Division bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula referred to the notification as a "systematic approach" to ensure proper counselling.

"This provision, in our assessment, is neither arbitrary nor capricious. Instead, it reflects a systematic approach to maintaining the integrity and efficiency of the counselling process, ensuring that all participants are subject to the same rules and expectations. Finally, we must underscore that the admission procedure for medical seats is constrained by stringent timelines. Allowing candidates to engage in perpetual participation in subsequent rounds of counselling, even after seats have been allotted, would inexorably lead to an interminable admission process, thereby undermining the efficacy and purpose of a time-bound system," observed the HC bench.

"In view of the above, we are not inclined to interfere with the impugned order," opined the High Court bench.

Also Read: AFMS PG Medical admissions 2023: Priority V Candidates told to report On 21st August For Physical Counselling, details

Filing the plea, the appellants sought quashing of the notification dated October 05, 2023, issued by the Director General of Armed Forces Medical Service (DGAFMS).

The plea was challenged on the ground that the eligibility criteria was changed right before the counselling session for admission to Post Graduate courses in Armed Forces Medical Services institution.

Filing the plea, the petitioners sought directions for reconducting the entire counselling process afresh on the basis of the original merit list and the original counselling rules advertised in the information bulletin.

However, while considering the plea a Single Judge bench dismissed the same. Challenging the order, the appellants approached the Division bench and contended that they have been arbitrarily denied the right to participate and take admission in the counselling session due to last minute change in the counseling rules.

They argued that the rules of the game cannot be changed at a belated stage i.e. the eligibility criteria cannot be changed immediately before the commencement of counselling rounds.

At this outset, they further pointed out that the counselling conducted by MCC is completely distinct and separate from the counselling conducted by DGAFMS and there is no composite counselling scheme in this regard. Counselling conducted by MCC and AFMS are governed by separate information bulletins and there is no overlapping of the same, argued the petitioners.

They further contended that if the amended counselling rules were notified at the time of inviting applications, the Appellant may not have participated in the MCC Counselling and instead, opted to wait for commencement of AFMS counselling rounds.

While considering the matter, the Division bench observed that the appellant's challenge primarily lies in the contention that the order fails to acknowledge the distinct and separate nature of counselling processes conducted by MCC and DGAFMS, with no composite counselling scheme binding the two. 

At this outset, the bench also perused the Information Bulletin issued by DGAFMS and noted,

"The stipulations in the DGAFMS Information Bulletin unambiguously state that the counselling procedures for AFMS shall adhere to the protocols established by the MCC for postgraduate courses. It further mandates that candidates must comply with the prerequisites and conditions delineated in the DGAFMS Information Bulletin. In harmony with this directive, the impugned notification issued by the DGAFMS resonates with the MCC guidelines, particularly the provision stipulating that candidates who have either joined an institution or been allocated a seat during the third round of counselling are ineligible for subsequent seat allotment or participation in ensuing rounds."

Upholding the rules prescribed by DGAFMS, the HC bench further noted,

"These provisions maintain consistency of rules and eligibility criteria throughout the admission process, and do not amount to changing of any rules or eligibility criteria, post the commencement of the admission process."

"Given the considerations outlined above, we find no basis to fault in the decision of DGAFMS to stipulate a condition preventing candidates from participating in subsequent rounds of counselling, should they commence attendance at an institution or be allotted seats by the MCC in the third round of counselling," observed the High Court.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/delhi-hc-afms-223823.pdf

Also Read: AFMS To hold Mop-Up Round For NEET PG Priority-III, Priority-IV Candidates On 13th October, details