NMC GMER 2023 Allows Private Class 12 Students to Appear in NEET: SC grants relief to MBBS candidate

New Delhi: Granting relief, the Supreme Court recently allowed a candidate, who cleared passed the Class 12 as a private student, to get admitted to the MBBS course after the National Eligibility-cum-Entrance Test (NEET) counselling.

The Apex Court bench comprising Justices PS Narasimha and Sudhanshu Dhulia passed this order after taking the submission of the National Medical Commission (NMC) into consideration.

NMC informed the Apex Court that as per the recently notified Graduate Medical Education Regulations (GMER) 2023, private students will be eligible to appear in the NEET examination.

However, keeping the question of law open, the top court bench observed, "...the question of law, if any, arising out of the writ petition is also kept open for consideration for a future point of time."

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As per the latest media report by Live Law, the petitioner student was admitted in the Class 11th Biology in the session 2019-2020. However, because of COVID-19 she was unable to appear in the examination and therefore she was admitted in Class 12th as a private student in the session 2020-2021. Thereafter she studied for two years' session from 2019 to 2021 as a student of biology and later she appeared for NEET-UG and scored above the cut-off marks in the freedom fighter quota.

Following this, the Director of Medical Education, Madhya Pradesh issued directions to the petitioner and other candidates who cleared 10+2 examination as private candidates to upload the marksheet of Class XI. However, the petitioner's school did not issue Class XI marksheet to private students and therefore the candidature of the petitioner was not considered for admission.

While considering the matter, the Apex Court bench noted that the petitioner was not permitted to participate in the selection process for seat in MBBS Course only for the reason that she did not have a recognized certification of having passed class 11th examination from a recognized school.

Previously, according to the Graduate Medical Education Regulations (GMER), 1997, the candidates like the petitioner were not eligible for MBBS admission. After the 2017 amendment, Regulation 4(2)(a), which stipulated the eligibility criteria had a proviso clause stating “…two years of regular and continuous study of Physics, Chemistry, Biology/Biotechnology taken together shall be required at 10+2 level for all the candidates. Candidates who have passed 10+2 from Open Schools or as Private candidates shall not be eligible to appear for National Eligibility-cum-Entrance Test.”

Medical Dialogues had earlier reported that NMC on June 02, 2023 notified the final Graduate Medical Education Regulations 2023 in the Gazette of India.

According to the GMER 2023 and the clarification issued by NMC later, 

"No aspirant shall be allowed to take NEET-UG

a. unless he has completed the age of 17 years as on or before 31st December of the year that the candidate shall be appearing for NEET- UG examination; and

b. Has passed 10 +2 (or equivalent) with subjects of Physics, Chemistry Biology/ Biotechnology and English."

Referring to the GMER 2023 regulations, in the last two hearings, the counsel for NMC, Advocate Gaurav Sharma informed the Supreme Court submitted that the principal objection no more stands in view of the GMER 2023 regulations and the petitioner despite being a private student would now be eligible for MBBS admission.

During the hearing of the case on August 28, 2023, the Apex Court noted that the petitioner had not been allowed to participate in the selection process for MBBS admission only because she did not have a recognised certification of having passed class 11th examination from a recognized school. 

The counsel for the petitioner stated that the counselling has already taken place and a seat has already been allocated to the petitioner. Based on this, the top Court bench specifically directed that the seat which was allocated to the petitioner shall not be withdrawn.

However, on August 29, 2023, the Counsel for State informed that the seat had been allocated to another candidate at the counselling. Taking note of this, the Supreme Court opined that as the petitioner was already allocated the seat on 07.08.2023, therefore, following its last order, she should have been allotted the seat and given admission yesterday itself.

"We are of the opinion that as the petitioner No.1 was already allocated the seat on 07.08.2023 and the only question which remained for admission is the merit of the matter relating to the eligibility of petitioner, which was anyway clarified in yesterday’s order. Under these circumstances, we are of the opinion that the petitioner should have been allotted the seat and given admission yesterday itself," the bench observed on August 29 and further directed the NMC counsel to examine the matter and suggest necessary action.

Meanwhile, the Court directed that the letter of admission may be issued to the candidate who had been given admission yesterday, under the freedom fighters quota should specifically mention that the admission will be subject to the outcome of this writ petition.

Following this, the Counsel for the State of Uttar Pradesh informed the Apex Court bench on September 04, 2023 that there was one seat available in Gandhi Medical College, Bhopal under the Freedom Fighter Quota as it has fallen vacant after the second counseling.

The petitioner's counsel informed the bench that the petitioner is agreeable to accept the seat in the said college. Taking note of this the Supreme Court bench directed the authorities to allocate the seat available in Gandhi Medical College, Bhopal to the petitioner and disposed of the plea.

"The authorities concerned are directed to allocate the seat available in Gandhi Medical College, Bhopal to petitioner No.1," read the order.

To read the order dated August 28, Click on the link below:

https://medicaldialogues.in/pdf_upload/august-28-218443.pdf

To read the order dated August 29, Click on the link below:

https://medicaldialogues.in/pdf_upload/august-29-218444.pdf

To read the order dated September 04, click on the link below:

https://medicaldialogues.in/pdf_upload/september-04-218445.pdf

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