New Delhi: Observing that the Medical Counselling Committee's (MCC) decision of not allowing any special stray round for the vacant seats in NEET-PG 2021 is in interest of medical education and public health, the Supreme Court dismissed the plea seeking a special stray round of counselling to fill 1,456 seats.
Noting that the quality of medical education which will affect public health, the top court bench comprising of Justices M R Shah and Aniruddha Bose was quoted saying by PTI, "When a conscious decision has been taken by the UOI and MCC for not conducting any special stray rounds of counselling, it cannot be considered arbitrary."
"Quality of medical education cannot be compromised which affects public health. Petitioners are not entitled to relief. Granting the relief now may affect medical Education and health," further added the bench.
Medical Dialogues had earlier reported that the Supreme Court was considering a plea seeking a Special Stray Vacancy Round for the vacant NEET-PG seats. Agreeing to consider the plea, the bench had directed the Medical Counselling Committee (MCC) to provide the exact number of vacant seats after the completion of All India Quota Stray Vacancy Round.
The plea has been moved by candidates who appeared in NEET-PG 2021 exam and took part in both the rounds (Round 1 and Round 2) of the AIQ Counselling and State Quota Counselling along with the Mop-up.
Contending that an additional round of counselling is necessary for avoiding wastage of seats, the doctors had mentioned in the petition,
"Occupying remaining seats (on the basis of merit) works in the interest of both the college as well as candidates. While the college would refrain in incurring heavy losses in each vacant seat, the candidates will also lose a seat, which they are otherwise deserving of."Previously, the top court bench had taken note of the fact that a total number of 1,456 PG medical seats remained vacant since the completion of the NEET PG 2021 counselling process on May 7.
Slamming the Medical Counselling Committee (MCC) for this, the bench had opined that the practice of leaving seats vacant not only negatively affects the aspirants but it also results in scarcity of qualified specialist doctors.
"Even if the single course has remained vacant, it must not remain unfilled. It's your duty to see that they don't remain vacated. You're playing with the future of students," the Bench comprising of Justices MR Shah and Aniruddha Bose had noted.
Directing them to file an affidavit explaining the scenario, the court had also directed the concerned officials of Centre and MCC to remain present in the court on Thursday when the court passes an order in this regard.
As per the latest media report by
Live Law, the submitting an affidavit, MCC informed the Supreme Court that the software that had been used for conducting NEET-PG 2021 online counselling had been closed and therefore, filling up the vacant 1,456 seats by conducting a Special Stray Vacancy Round was not possible. MCC further mentioned in the affidavit that the counselling for two academic sessions, i.e. 2021 and 2022 could not run together.
Meanwhile, Central Government referred to the fact that the vacant seats are mostly non-clinical, which the students mostly choose not to opt as they don't produce doctors but teachers. Further claiming this to be an annual phenomena, the Counsel for Centre, ASG Balbir Singh pointed out that back in 2021, among the 1,456 vacant seats, 800/900 seats had been opted for but the students did not take admission in those seats. As a result, the seats became vacant once again.
The counsel for NMC, Advocate Gaurav Sharma also supported this submission and informed the court that the NEET-PG 2021 counselling process ended after 9 rounds of counselling. He submitted, "
4 rounds of State counselling, 4 rounds of AIQ counselling and another round was conducted for AIQ round. After 9 counselling the situation has come. This problem comes every year and this situation was considered in 2019 also in Educational Promotion Society v. Union of India."At this outset, the counsel for Centre, the ASG also referred to the fact that the classes for those who qualified NEET-PG 2021 had already started in February and therefore, filling up the seats now will result in a detrimental effect as it would cause delay for those students by 6-8 months.
"The teaching will be compromised since they will also have to teach the students who will come in NEET PG 2022. The entire process will have to be underdone again. Security deposit etc.," the ASG pointed out.
However, the counsel for the petitioner doctors referred to the fact that the counselling stopped abruptly on May 7. Referring to the RTI reply, he submitted that major number of seats in branches such as surgery, anaesthesia, and opthalmology are still lying vacant.
Responding to this, the bench on Thursday had observed that there must be a limit to the counselling process, and in case the seats were vacant even after 8 or 9 rounds of counselling, then the students cannot claim their rights after 1.5 years.
"
Special stray rounds, special special stray rounds- there must be a limit. Since many years, the seats have remained vacant & its not for the very first time. The court has considered in many cases...There must be a limit to the entire process. After 8 or 9 rounds also the seats are vacant but can it be said now that after 1.5 years, you will be given admission & compromise the health of people," the top court bench had remarked orally on Thursday when it reserved the order.
However, passing the order, the top court bench dismissed the plea today and observed that the quality of medical education cannot be compromised which affects public health.
Further the vacation bench of Justices MR Shah and Aniruddha Bose was quoted saying by ANI that granting relief now may affect medical education and health. "
Quality of medical education cannot be compromised which affects public health. Petitioners are not entitled to relief. Granting the relief now may affect medical Education and health," the bench was quoted noting by
Live Law.
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