SC Hearing On NEET PG 2023 Postponed to Continue on Monday, Here is what happened today

New Delhi: The Supreme Court has deferred the hearing for the petitions seeking NEET PG 2023 postponement. 

A bench comprising Justices S Ravindra Bhat and Dipankar Datta heard the appeals and adjourned the matter till Monday next week, 27th February.

Supreme Court Hearing:

The hearing started with Sr. Adv. Gopal Sankaranarayanan appearing on behalf petitioners seeking deferment of the PG medical entrance test. He said, "There are 13 petitioners before your lordships...But about 45,000 other would be affected."

The counsel for the respondents, NBE contended, "The NBE notified subsequently said they would relax the cut-off date for internship. It was extended to 11.08.2023 on 07.02.2023."

Justice Bhat asked how many have registered to which the counsel replied, " They have registered....When you go for counselling you have to show the completion of internship. So, counselling can only happen after 11.08.2023."

The bench noted that those who have already completed and waiting for this are larger in number. "This postponement happened subsequently. Before postponement many were eligible. Apart from you 2 lakh others applied who were eligible under the old cut-off date," Justice Bhat said.

On this, GS contended, "That might not be true. Those who have completed would be in the minority. Counselling cannot be divided. It will happen after 11.08.2023."

The bench sought to know the high court who have deliberated on the matter before the petitions moved the top court.

It was informed that the Telangana High Court has disposed of the petition.

The bench noted the issue of eligibility of medicos for NEET PG 2023. The counsel pointed out, "The gap now between exam and counselling in 5 months now. Previously, it was one month. As a consequence we are getting less time... We are asking the exam to be pushed a little. It was pushed last year. We are all eligible because we finish by 11.08.2023. When the counselling happens we all have to have the internship certificates."

Noting that the whole dynamics for conducting the exam will drastically change with the deferment, Justice Bhat stated, "First you say you are not eligible. When you were made eligible, you say there is no time for exam. Those who have been preparing for months together were told that they wait for months. We are also aware when we postpone..the agony of candidates who have prepared...the whole dynamics changes. When the extension have been granted now you are saying ...Unless we know how many people are appearing..."

The bench passed over the matter for the appearance of Additional Solicitor General Aishwarya Bhat on behalf of NBE.

ASG Aishwarya Bhati informed the bench that 2 lakh 9 thousand 29 candidates have applied for NEET PG 2023 this year. "We try to follow the schedule, but last two years covid has disrupted."

The court asked the petitioners, " You were not eligible per se, now you are...". Sr Adv. Mukul Rohatgi replied, "That is not our fault. Different States have different internship."

According to the LiveLaw report, Justice Bhat has adjourned the matter till Monday next week. "Keep it on Monday.We want an answer what is a solution is this. We are not saying any we are postponing. We are not passing orders either way, we are keeping it open," he said. 

The Bench asked NBE to come up with certain information and a solution. 

On the matter of postponement, Justice Bhat observed, "From a macro-perspective it (postponement) seems very easy. But it is not like that."

Demand for NEET PG postponement:

The NEET PG 2023 aspirants pushing for an exam date extension to reduce the gap of around five months between the date of the exam and the date of MBBS internship completion.

Pointing out that NEET PG counselling cannot start before the completion of MBBS internship in August, the aspirants have time and again urged the Union Health Minister and other authorities to postpone the exam. In this regard, FAIMA had also written to the Union Health Minister and other authorities.

However, despite several requests from the aspirants for postponing NEET PG exam, the authorities have not agreed to their demands. Medical Dialogues had earlier reported that the Union Health Minister Mansukh Mandaviya had clarified in the Parliament that NEET PG 2023 examination would be conducted on the scheduled date i.e. March 05, 2023.

Earlier, a few aspirants had approached the High Court of Telangana, Hyderabad praying for postponement of the National Eligibility cum Entrance Test (NEET-PG 2023) scheduled for March 05, 2023, on the ground that many interns who could not be registered earlier as their date of completion of internship was beyond the earlier declared cutoff date for completion of internship but the same was extended to 11.08.2023 vide notice dated 07.02.2023.

Read Also: NEET PG 2023, NEET MDS 2023: MBBS, BDS Internship Deadline Extended, details

The HC while deciding the case vide its order/Judgment dated 15.02.2023 directed the petitioners "to submit a fresh representation to the respondents seeking postponement of the NEET PG examination within one (1) week and upon such representation being received, the respondents shall consider and pass appropriate orders in accordance with law as expeditiously as possible by keeping in mind that the Entrance Examination is scheduled to be held in the first week of March, 2023.” The High Court had not expressed any opinion on the merits of the case.

Read Also: Postpone NEET PG 2023: Aspirants submit fresh representation to NMC

Subsequently, the petitioners had submitted their representation dated 20.02.2023 to NMC, received on 21.02.2023 requesting for postponement of NEET-PG-2023 by 3 months, so that they can prepare for the said examination.

A similar representation dated 17.02.2023 from Sh. Pathem Murali Krishna was submitted to the Director, Medical Education, Ministry of Health and Family Welfare with a copy to Chairman, NMC requesting to postpone the NEET PG 2023 examination by 12-14 weeks so that he can prepare for the said examination.

The ground mentioned for the request of postponement of examination as mentioned in the representations was- “The date of completion of internship was extended to 11.08.2023 vide notice dated 07.02.2023 and they became eligible only after extension of the cut-off date for completion of internship. Therefore, he/they and similarly placed 18000 doctors will not get sufficient time for preparation of examination.”

However, their representation could not be acceded to on the following grounds:-

a. The date of exam was already fixed 6 months in advance and a notice in this regard was placed on NBE website on 16.09.2022

b. Initially, when the cut-off date for completion of internship was 31st March 2023, more than 2 lakh students had already registered for exam and had not objected regarding the date of exam.

c. After representations from various State Government/Universities, the cut-off date of internship was extended to 11.08.2023 and surprisingly only 5000 additional applications were received which constitutes about 2% of the total candidates who are going to take exam. Postponing the exam will create problem for 98% of the students who have been studying/preparing for NEET PG Exam and have represented to not to postpone the date of examination

d. All the preparations are over and the test is to be conducted at more than 800 centers for more than 2 lakh students.

e. The Academic Session is planned to be started in July, 2023 or as early as possible after counseling.

NMC order on NEET PG postponement:

Now, today the NMC released its speaking order and disposed off the representations.

“Representations dated 20.02.2023 and 17.02.2023 are disposed off and it is informed that exam will be conducted on the scheduled date i.e. 05.03.2023 and this comply the Order/ Judgment dated 15.02.2023 of the Hon'ble High Court of Telangana in the matter of W.P. N. 4213/2023 filed by Pathem Murali Krishna vs. Union of India & Ors. The issues with the approval of the Competent Authority,” stated the order issued under the authority of Aujender Singh, Deputy Secretary of PG Medical Education Board of the National Medical Commission.