SC Sets Aside HC Order, says 2019 NEET results could not have been allowed for MBBS admissions in 2022

New Delhi: The Supreme Court recently held that the results of the National Eligibility-cum-Entrance Test (NEET) 2019 cannot be accepted for admission to the MBBS course in the year 2022.

This observation was made by a Division Bench of the Supreme Court comprising Justices Vikram Nath and Ahsanuddin Amanullah as it set aside an interim order dated July 14, 2022, passed by the Calcutta High Court.

Issuing the order, the Calcutta High Court permitted some of the medical aspirants to participate in the NEET counselling commencing in 2022 to get admitted to the MBBS course in the West Bengal University of Health Sciences (WBUHS) on the basis of the NEET 2019 results.

However, the Supreme Court bench set aside the concerned order on the basis of two grounds. First, it clarified that such a direction could not have been given by an interim order and second, 2019 NEET results could not have been the basis to allow the counselling in the year 2022 for admission to MBBS courses.

"In our considered opinion, firstly, by an interim order such direction could not have been granted and secondly, 2019 NEET results could not have been basis for allowing counselling in the year 2022 for admission to MBBS courses," observed the Supreme Court bench.

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As per the latest media report by Live Law, the matter concerned three medical aspirants who appeared in the NEET UG 2019 examination. In the exams, the petitioners were ranked at 314773, 325058 and 664781 respectively with a percentile of 77.5, 76.9 and 52.68 respectively. Thereafter, all of these petitioners applied for the EWS eligibility certificate in the prescribed format from the concerned authorities on July 22, 2019.

However, it was alleged that when they approached the concerned authorities to appear in the Round 2 Counselling of the selection process in the West Bengal University of Health Sciences (WBUHS), they were informed to be ineligible to appear for Round 2 due to the absence of the EWS Certificates. Finally, the petitioners received the EWS certificates on August 8, 2019 and by that time, the counselling for the Round 2 had already been completed. Therefore, the petitioners approached the Single-Judge Bench of the High Court.

While considering the matter, the Single-Judge bench opined it to be unfortunate since the petitioners had scored high marks and they had a good ranking in the All India Examination with a corresponding ranking for the State. Therefore, taking note of the inequities of the facts, the Court directed the Register-in-charge of WBUHS to allow the petitioners to appear in the MOP UP counseling for the WB UG MBBS State Quota Seats 2019, on the basis of the EWS certificates which had been issued to them by the concerned authorities.

However, this order was challenged by the University, which approached a Two-Judge bench of the High Court. While considering the matter, the HC bench took note of the petitioner's submission that the persons ranking below the petitioners had been granted admission.

Taking note of this, the HC Division bench ordered on 14.07.2022, "This Court is, therefore, prima facie of the view that the petitioner should be at least to allow to participate in the counseling session for the admission process that shall commence in August 2022 for the admission to the MBBS course in the West Bengal University of Health Sciences."

This order was challenged before the Supreme Court bench by the University. While considering the matter, the Supreme Court bench opined that such a direction could not have been granted by an interim order. Further, the bench observed that the 2019 NEET results could not have been the basis for allowing the counselling in the year 2022 for admission to MBBS courses.

Accordingly, the bench set aside the concerned order passed by the Division bench of the Calcutta High court and observed, "Further, in order to put a quietus to this litigation, we are of the view that the learned Single Judge issuing such directions in the year 2019 which was stayed by the Division Bench resulting into the impugned order in 2022 needs to be closed. Therefore, the appeal will stand allowed and the writ petition will stand dismissed. Anything consequential shall also stand closed."

To view the Supreme Court Order, click on the link below:

https://medicaldialogues.in/pdf_upload/supreme-court-neet-2019-221297.pdf

To view the HC order, click on the link below:

https://medicaldialogues.in/pdf_upload/calcutta-hc-neet-2019-221298.pdf

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