SC questions NMC on feeder qualification of DM course

In the draft regulations released last year, the NMC removed the MD Radiation Oncology and MD Radiotherapy as prior qualifications to the DM Oncology course and specified only MD General Medicine instead.

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Aggrieved by the NMC's move, the top Court was moved by the petitions filed by various MD Radiation Oncologists and MD Anesthesiologists who are going to appear in the NEET SS 2022 entrance exam.

The grievances of the petitioner doctors are also against the new pattern for the NEET SS examination that consists of 150 questions from the general/basic component of the primary feeder broad speciality subject and from all sub-speciality/systems/components of that primary feeder broad speciality subject.

Via their petition, they have sought directions from the top court for restraining NBE to exclude these feeder specialities for DM Medical Oncology. Apart from seeking directions upon the National Board of Examination (NBE), the petitioner doctors have also sought directions to restore the scheme/pattern of the exam.

Last year the Central Government had introduced last-minute changes in the NEET SS 2021 exam pattern and challenging the same, doctors had approached the Supreme Court. The counsel appearing for the petitioner doctors had argued that the last-minute changes in the exam pattern put the students from disciplines other than general medicine at a disadvantageous position. In the previous pattern, 60 per cent marks were allotted to questions in the super-specialty while 40 per cent from feeder courses. However, as per the changed pattern, the entirety of the questions for the critical care super specialty would be drawn from general medicines.

At that time, the top court had slammed the authorities for the last-minute changes and ultimately the Government had decided to introduce the changes from the next year onwards.

However, this year, the doctors belonging to MD Radiation Oncology and MD Anaesthesiology have approached the top court again challenging the exam pattern of NEET SS 2022.

The doctors stated in their petition, "There will be no questions from broad specialties of the other four post-graduate branches. The pattern is not just a waste of time and effort for all those who have prepared for Critical Care but also grossly biased against few broad specialties, particularly in favour of MD Medicine in so far as the choice of options is far greater vis-a-vis the choices available to either MD Radiation Oncology or MD Anaesthesia. The new examination scheme is making some candidates write a paper which has no questions from their postgraduate broad speciality and they will have to compete with candidates who have 100% questions from their postgraduate syllabus/ broad speciality."

"Having a uniform qualifying percentile when the question paper is identical for every candidate is perfectly logical, but to do so when the question papers admittedly differ across groups, yet conferring an undue comparative advantage upon some of them as delineated above, is patently unfair. To have the same qualifying percentile for a candidate of MD (General Medicine) and MD (Anaesthesia) towards admission in DM Critical Care or for a candidate of MD (General Medicine) and MD (Radiation Oncology) towards admission in DM (Oncology) would be the definition of perversity and violation of the guarantee against non-arbitrariness protected under Article 14 of the Constitution of India," the plea further added.

Read Also: Supreme Court issues notice on Plea challenging NEET SS 2022 Exam Pattern

According to the recent report by Livelaw, when the matter was taken on Friday, Senior Advocate Devadutt Kamat, appearing for the doctors, submitted that the exam, which was originally scheduled on June 18, has been deferred and the new dates are yet to be notified. In view of this, the bench noted that there is no urgency to hear the matter during the vacations.

The counsel also brought to the attention of the bench the issue of deletion of MD Radiation Oncology. "There was an issue regarding deletion of MD radiation oncology/radiotherapy as an eligible feeder specialty qualification for the super specialty course of DM Medical Oncology. The experts say that this has been deleted wrongly. Please ask them to take a decision on that. Students are left on the lurch. NMC has proposed the draft regulation. Acting on the students representation, they constituted a Committee and the Committee said that this is wrongful. Then they constituted another Committee, which also said the same thing.Please ask them to take a decision as to whether the deletion is correct or not. In the draft regulation, they have deleted it", he submitted.

On this, the bench asked the NMC, "Why are you removing MD Radiation oncology?" to which the NMC's counsel responded that the decision has been taken based on expert opinion and said that a reply can be filed.

Justice Trivedi then asked the NBE why the exams are postponed. "Why has the exam been postponed? There's a lot of uncertainty, how would they be prepared?", Justice Trivedi said.

Ultimately, directing the NMC to file its reply on the matter, the vacation bench comprising Honourable Justices DY Chandrachud and Bela Trivedi has listed the matter in the second week of July.

To view the order, click here

NEET SS is conducted annually by the National Board of Examination (NBE) as the single-window entrance examination for admission to DM, MCh and (Post MD/MS/DNB) DrNB Superspecialty Courses being offered in the medical institutes across the country. NEET SS 2022 which was scheduled to be held on 18th and 19th June 2022 in a revised scheme, has been rescheduled in view of the matter being impending before the top court.

Read Also: NEET SS 2022 Rescheduled: NBE