Counselling for ALL MD, MS Seats to be done by GOVT: New Health Ministry Order

New Delhi: Private medical colleges across the country have now lost the right to conduct counselling for the Management and NRI quota seats, as the Ministry of Health and Family Welfare has recently taken out a notice to this effect.

The notification clearly spells out that Admissions to PG medical education will be done through common counselling either by the directorate general of medical services (DGHS) or by the state government including management and NRI quota seats adding that there shall be no exemption whatsoever.

Through the notification, the Health Ministry has informed that in view of the order passed by Hon'ble Supreme Court, clause 9A of the PGMER will supersede the second part of clause 9(7) and all admissions will be made through common counselling and not by the concerned medical colleges/institutions.

Clause 9(7)

Recently in the Gazette dated 05.04.2018, amendment to the Postgraduate Medical Education Regulations, 2000 were published which stated

Clause 9 (7) provides that "in non-Governmental medical colleges/institutions, 50% (Fifty Percent) of the total seats shall be filled by State Government or the Authority appointed by them, and the remaining 50% (Fifty Percent) of the seats shall be filled by the concerned medical colleges/institutions on the basis of the merit list prepared as per the marks obtained in National Eligibility-cum-Entrance Test". This is an existing clause 9(VI) notified on 21.12.2010 under Postgraduate Medical Education Regulations, 2000.

Clause 9A

It is reported that at the same time, the clause 9A of Post Graduate Medical Education Regulations, 2000, mandates to have common counselling for admission to Post Graduate courses in all medical education institutions in a State by the State Government concerned.  It states that there shall be no exemption from common counselling and all institutions including private medical colleges/deemed to be universities shall be covered under it. The clause 9A for Common Counseling is as under:-

• There shall be a common counselling for admission to all Postgraduate Courses (Diploma/ MD/ MS/ DM/ M.Ch.) in all Medical Educational Institutions on the basis of merit list of the National Eligibility-cum-Entrance Test.


• The Designated Authority for counselling for the 50% All India Quota seats of the contributing States, as per the existing scheme for Diploma and M.D./M.S. courses shall be the Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India. Further, the Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India shall conduct counselling for all postgraduate courses [Diploma, M.D./M.S., D.M./M.Ch.] in Medical Educational Institutions of the Central Government, Universities established by an Act of Parliament and the Deemed Universities. Furthermore, the Directorate General of Health Services shall conduct the counselling for all Superspecialty courses (D.M./M.Ch.) in Medical Educational Institutions of the Central Government, Medical Educational Institutions of the State Government, Deemed Universities, Universities established by an Act of Parliament, Universities established by an Act of State/Union Territory Legislature, Medical Educational Institutions established by Municipal Bodies, Trust, Society, Company or Minority Institutions.


• The counselling for admission to Diploma and M.D./M.S. in all Medical Educational Institutions in a State/Union Territory, including, Medical Educational Institutions established by the State Government, University established by an Act of State/Union Territory Legislature, Municipal Bodies Trust, Society, Company or Minority Institutions shall be conducted by the State/Union Territory Government

The Ministry of health noted that Hon'ble Supreme Court vide order dated 22.09.2016 in Contempt Petition (C) No. 584 of 2016 filed in Civil Appeal No. 4060 of 2009 filed by State of Madhya Pradesh Vs Jainarayan Chouksey & Others has held that

"We have heard the learned counsel for the parties at length. We observe that mandate of our judgment was to hold centralised entrance test followed by centralised state counselling by the State to make it a one composite process. We, therefore, direct that admission to all medical seats shall be conducted by centralised counselling only by the State Government and none else.

If any counselling has been done by any College or University and any admission to any medical seat has been given so far, such admission shall stand cancelled forthwith and admission shall be given only as per centralised counselling done by the State Government."

The ministry clearly noted that in light of the judgement, State Governments shall conduct common counselling for all PG courses in all medical institutions located in the State including for management and NRI quota seats. The ministry order stated

In view of the orders passed by Hon'ble Supreme Court, clause 9A of the PGMER will supersede the second part of clause 9(7) and all admissions will be made through common counselling and not by the concerned medical colleges/institutions. Since the PG counselling for session 2018-19 is going on, it is hereby reiterated that the State Governments shall conduct common counseling for all PG courses in all medical institutions located in the State including for management and NRI quota seats. There shall be no exemption whatsoever.