New Delhi: Taking note of the fact that the PG medical admission process has already been completed, the Supreme Court bench on Friday dismissed a doctor's petition seeking permission to register for the Mop-up round of NEET-PG 2021 counselling as NRI quota candidate.
While dismissing the plea, the top court bench comprising of Justices DY Chandrachud and Hima Kohli also took note of the fact that the while registering, the petitioner doctor did not opt for conversion to an NRI seat in the Mop Up round.
"Though the petitioner became eligible for PG counselling after the reduction of percentile, the petitioner had registered for NEET-PG counselling on 14 March 2022, but did not opt for conversion to an NRI seat in the mop up round. The admission process has been completed," noted the bench as it dismissed the plea.
Medical Dialogues had earlier reported that while considering the case of the petitioner doctor, the Supreme Court had sought to know from the Medical Counselling Committee about the scenario for NRI quota NEET-PG aspirants in the NEET PG counselling process.
The petitioner doctor had approached the Apex Court and sought permission to register for NEET-PG 2021 counselling as NRI quota candidate. She pointed out that in the fresh registration for the mop-up round of counselling, there is no separate provision for the NRI quota candidates.
Although the top court had not issued notice in the matter, it had given MCC one week time to submit an affidavit explaining the factual position.
As per the latest media report by Live Law, during the hearing of the case on Friday, the counsel for the MCC, ASG Aishwarya Bhati pointed out that initially the petitioner doctor was not eligible for the first two rounds of the counselling and only after the reduction of cut-off, she became eligible. However, at that time too, the petitioner doctor did not opt for NRI quota.
"Fresh registrations were taken upto mop up. Today is the day for a stray to happen. She had the opportunity after percentile was reduced but later she was eligible but then she didn't opt for NRI. Now it's really too late also," ASG Bhati submitted.
On the other hand, the counsel for the petitioner Advocate Charu Mathur urged before the court that even though the petitioner doctor submitted her documents and tried to apply, MCC did not accept the same.
Referring to the fact that there were 36 seats available in the deemed university, the counsel further argued that the petitioner doctor failed to apply in the stray vacancy rounds because of her unability to register as NRI candidate.
It was the contention of the petitioner doctor that her documents were in accordance with the Top Court's order dated August 22, 2017 in Consortium of Deemed universities in Karnataka (CODEUNIK) & Anr. Vs. Union Of India & Ors.
In that case, the top court had et out criteria for applying under 15% NRI quota for NEET PG as approved by 7 judge bench in PA Inamdar v State of Maharashtra.
Referring to this, the petitioner stated, "That even the seat matrix released by the Respondents provides for NRI seats."
"To the shock and surprise of the Petitioner the Respondent has not given any time for submission of NRI documents for fresh mop-up round. The Petitioner has sent two emails to the officials but they have not responded so far. That even in the canceled mop up round candidates lower in rank than the Petitioner were allotted seats. Since, there is a fresh round of mop-up in the interest of Justice, fairness and equity the Petitioner humbly prays that she may be allowed to join the fresh round of mop-up on NRI seat. That the Petitioner otherwise also fills in all parameters of converting her status to NRI seat," it added.
However, taking note of the status report filed by MCC. the Supreme Court bench noted, "We have perused the status report which has been submitted on behalf of the Union of India in the Ministry of Health and Family Welfare and the Medical Counselling Committee. The petitioner obtained 253 marks in the NEET-PG 2021 examination. However, the cut off score for general category candidates was 302 marks for the first two rounds of counselling."
"On 12 March 2022, the percentile was reduced by the National Board of Examination in consultation with the National Medical Commission from 302 to 247 marks. Though the petitioner became eligible for PG counselling after the reduction of percentile, the petitioner had registered for NEET-PG counselling on 14 March 2022, but did not opt for conversion to an NRI seat in the mop up round. The admission process has been completed," it added.
Dismissing the plea, the top court bench noted, "In the circumstances, no case for interference under Article 32 of the Constitution is made out."
It should be mentioned in this context that recently while considering similar prayers for grant of time for fresh registration for NRI quota candidates in the mop-up round, the top court bench had noted that cancelling admission would be human tragedy.
To read the top court order, click on the link below.
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