Supreme Court approves Health Ministry's proposal allowing Resignation From NEET SS Seats On Joining INIs

New Delhi: The Supreme Court has recently approved the proposal of the Health Ministry to allow only those candidates to resign from NEET SS seats who had joined Institutes of National Importance (INIs) post counselling.

The proposal in this regard has been prepared by the Union Ministry of Health and Family Welfare in consultation with the All India Institute of Medical Sciences (AIIMS), Delhi and the same is applicable only for this year.

After the Union Government informed about this proposal to the Supreme Court, the Apex Court bench comprising Justices BR Gavai, KV Viswanathan and Sandeep Mehta also approved it opining that the proposal given was reasonable.

The top court bench further opined that the proposal in question balanced the interests of meritorious students with concern of medical institutes where the seats would fall vacant if upgradation is allowed. The Supreme Court took cognisance of the issue while considering a plea by medical candidates who challenged the restrictions imposed on them on resignation from NEET seats.

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As per the latest media report by Live Law, the terms of the proposal mention the following:

"1. Resignation will be permitted only for those joined candidates, who have joined the INI institutes through Counselling conducted by AIIMS, Delhi;

The Daily adds that after passing the order, Justice Viswanathan orally suggested to ASG Aishwarya Bhati, the counsel for the Union Government, "you can give wait-list candidates, subject to drop out till the last round of counselling." He further remarked that if the penalties were as high as Rs 50 lakhs, good candidates would be driven away.

Responding to this, ASG Bhati informed the Bench that the Union Government has suggested doing away with the penalties. At this outset, Justice Gavai observed, "you will have to balance the same with the interest of the private institutions."

The matter came for consideration before the Supreme Court bench while considering the plea by three doctors, who were selected for Super-Speciality seats in the INIs. Candidates can join PG super speciality medical courses for higher studies either by appearing in the NEET SS examination or the Common Entrance Test for the Institutes of National Importance (INI-CET).

The petitioners in this case appeared in NEET Super Speciality (NEET-SS) examination 2023. It was mentioned in the rules that a candidate joining the allotted seats cannot resign without incurring penalty. Some of the candidates like the petitioners got selected for the Round 2 of INI counselling. However, in order to join these INI courses, they were required to resign from the NEET-SS seats, which was not permitted. The colleges where the petitioners joined after the NEET SS counselling informed about the huge fine ranging from Rs 7 lakh to Rs 50 lakh for leaving the seats.

Therefore, the petitioner-doctors approached the Supreme Court and complained that the medical colleges, to which they had been admitted under the NEET-SS counselling, would impose a penalty upon them, if they resigned.

Live Law adds that it was argued on behalf of the petitioner that the idea of the colleges fixing the penalty was that allotment would be final. However, around 500 seats remained vacant even after 2 rounds of NEET counselling and to fill up these vacant seats, it was likely that a 3rd round of counselling would be conducted. Therefore, their resignation would not adversely affect any college. Despite this, they are being forced to hold on to allotted seats because of excessive penalty.

They further contended that imposing penalty on candidates selected in the second round of INI counselling was discriminatory, as the candidates who were selected in INI round one were allowed to resign without forfeiture and penalty.

To support their argument, the petitioners relied on a Supreme Court order passed in a similar case in April, 2023. In that case, the candidates were allowed to resign their seats and those vacant seats were added in the mop-up round.

During the hearing of the case on January 30, 2024, Ms. Aishwarya Bhati, learned Additional Solicitor General of India, on instructions, informed the Supreme Court that the students who have been selected for INI may be permitted to resign and the seats becoming vacant in that event could be included in the mop-up round.

Taking note of this, the Apex Court bench granted relief to those 3 doctors and directed the Medical Counselling Committee (MCC), operative under the Directorate General of Health Services (DGHS) to allow them to resign from the institutes, where they were earlier admitted.

Addressing the seats that will fall vacant because of the resignation of those three petitioner-doctors, the top court bench comprising Justices BR Gavai and Sanjay Karol mentioned that those seats will be added to the mop-up round.

"...Respondent No. 2 is directed to permit Petitioners No.1, 2 and 3 to resign from the Institute where they are presently admitted so as to enable them to join for the courses selected in INI," mentioned the top court bench.

It further added that "Needless to state that the seats becoming vacant after resignation of Petitioners No.1, 2 and 3 will be added in the mopup round."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/supreme-court-ini-ss-231424.pdf

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