Uttarakhand Combines two rounds of NEET PG Counselling: SC allows candidates "Free Surrender" of Seats, allows extending State Mop-up Deadline

New Delhi: Taking note of the fact that the State Government combined Round 1 and Round 2 of NEET-PG Counselling into one Main Round of Counselling, the Supreme Court has recently offered the Postgraduate medical aspirants in Uttarakhand the opportunity of "free surrender" of seats and thereafter participate in the State mop up round which is undergoing currently.

Further, the top court bench comprising the Chief Justice and Justice Hima Kohli has also permitted the State of Uttarakhand to extend the mop up round by three days.

"In this view of the matter and in order to obviate prejudice to the students, we order and direct that the petitioner and similarly placed students who were unable to exercise their options at the end of round 1 of the State counselling shall not be held to be ineligible merely because the State of Uttarakhand combined both rounds 1 and 2 of the counselling rounds. These students will be permitted to withdraw from the seats which have been allotted to them as a "free surrender" without suffering any penalty and would be permitted to participate in the State mop up round which is under way. The State of Uttarakhand shall duly publicize the above directions so that other similarly placed students are made aware of the option which has been granted in terms of the present order," observed the Apex Court bench.

"The State of Uttarakhand is permitted to extend the State mop up round by a further period of three days," it added.

The judgment came while the Court was considering the plea by a PG medical aspirant who after clearing the NEET-PG 2022-2023 examination, appeared in the counselling process.

As per the scheme for counselling which has been prescribed by the National Medical Commission, the counselling authorities at the Central and State level are required to conduct two separate rounds of counselling- i.e. rounds 1 and 2 before the mop up rounds for the All India Quota (AIQ) and the State mop up round take place.

However, the court noted that in case of Uttarakhand, the State Government authorities conducted only one consolidated round of counselling. In case of Uttarakhand, both the first and second rounds have been combined as the main round of counselling.

Issuing a notification in this regard on October 18, 2022, the State Government had notified, "...NEET PG 2022 Candidates participating in Uttarakhand State Centralized Counseling are informed that due to unavoidable reasons of Uttarakhand State Centralized Counseling, the first phase counseling was not conducted, due to which the counseling board decided to do main phase and mop phase. As per the instructions of Government of India /NMC / MCC /, a candidate admitted in the institute after the second stage counseling cannot leave his seat.

In view of the above, the first phase and second phase counseling mentioned in the information brochure issued by the counseling board should be considered as zero and the time table and information for the mop phase counseling will be issued separately."

The bench took note of the fact that because of the deviation by the State of Uttarakhand from the prescribed process, the rights of petitioner and other similarly placed students have been prejudically affected. If there would have been two rounds of counselling, such candidates would have been eligible to exercise the options available at the end of round 1 such as "free exit" and "upgradation". However, since both these rounds have been combined together, the students have been deprived of these options.

In this regard, the bench perused the clause 11.2.7 of the NEET-PG 2022 Information Bulletin issued by the State of Uttarakhand. The concerned clause stated, "If a candidate has withdrawn the admission or left the allotted seat after confirming the admission during the process of round-I counselling. He/she will be eligible for round-II counselling & subsequent rounds of counselling. Instruction for round-II and subsequent round will be uploaded separately."

Taking note of this, the Supreme Court bench also referred to the previous judgment of the Apex Court in the case of Nihila P P v Medical Counselling Committee (MCC) and Others, where the top court had directed that candidates who have joined the allotted seat in round 2 and further rounds of counselling will not be allowed to resign and will also be ineligible to take part in further rounds of any type of counselling. This order had been reiterated in following orders and the Supreme Court had clarified that students who have joined in round 2 of the state quota or round 2 of the All India Quota shall not be eligible to participate in the mop up round for All India Quota.

At this outset, the bench opined that the State's decision of combining two rounds of counselling has affected the PG medical aspirants in Uttarakhand and observed,

"It is plainly apparent that the failure of the State of Uttarakhand to hold two separate rounds of counselling has caused serious prejudice inasmuch as the options which would have been available at the end of round 1 would be foreclosed and would be unavailable."

Therefore, providing relief to the PG aspirants in Uttarakhand, the Court clarified that students like the petitioners who could not exercise their options at the end of round 1 of the State counselling shall not be held to be ineligible just because Uttarakhand government combined two rounds. 

Further, the court has permitted these students to withdraw from the seats as a "free surrender" and participate in the State mop up round. Meanwhile, the State of Uttarakhand has been allowed to extend the State mop up round by a further period of three days.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/supreme-court-free-surrender-191738.pdf

Also Read: SC directs States, UTs to complete 2nd Round of NEET PG Counselling by November 16