Can Candidates granted seats in Previous rounds of NEET PG State Counselling Appear in Mop-up? Supreme Court issues notice
New Delhi: While considering a petition that challenged the rule of barring candidates, who had been allocated seats previously, to appear in the Mop-up counselling of NEET PG State Quota seats, the Supreme Court bench has recently issued notice.
The matter concerned the the May 23, 2022 order of Himachal Pradesh High Court, which had set aside a notice issued by Shimla based Indira Gandhi Medical College that had barred such candidates to participate in further rounds of counselling including Mop Up round.
After taking note of the issue, the top court vacation bench comprising of Justices Ajay Rastogi and BV Nagarathna denied to grant an interim relief in the plea and noted, "These are the fate of the system, we have to go ahead. The exam is tomorrow only, ask them to appear. Passing of any interim order will lead to more complications."
In the case before the High Court, the petitioner student had assailed the notice dated 19.03.2022, where the Indira Gandhi Medical College, Shimla had mentioned that the candidates who had been allocated PG seats in previous round of State counselling, were ineligible for participating in further rounds of counselling including Mop Up round in view of the advisory dated 16.3.2022.
However, the petitioner, who had surrendered his seat for appearing in the mop-up claimed that the notice dated 19.3.2022 was in violation of Clause 2.3 of the Prospectus and was liable to be set aside.
The concerned Clause 2.3 of the Prospectus mentioned that "Similarly the candidates are admitted under 50% State Quota in Govt. Medical Colleges of the State and intend to participate in Mop Up round/Extend Mop Up round (if any) are required to surrender PG seat (already occupied) within stipulated period as specified by the Common/Centralized Counselling Committee separately through notice. In case candidate do not surrender the seat within stipulated period, he/she will not be eligible to participated in the Mop Up round/Extend up round (if any)."
It was the case of the petitioner that he had been admitted under 50% State Quota and had been allocated seat in Indira Gandhi Medical College (IGMC), Shimla in MD (Anesthesia) course. In terms of Clause 2.3 of the Prospectus, petitioner surrendered his seat in order to appear in the Mop Up round.
On the other hand, the State opposed the petition and referred to the notice issued by the Medical Counselling Committee on 16.03.2022, by which the Committee had barred candidates who had been allotted a seat in Round 2 to appear in the mop-up.
After taking note of the arguments, the HC bench comprising of Justices Sabina and Satyen Vaidya noted that the States relating to State Quota were to be governed by Clause 2.3 of the Prospectus.
"The respondents were legally bound to honour the terms of the Prospectus and could not take shelter of advisory issued vis-Ã -vis All India Quota. So far as the seats falling within the State Quota are concerned, they were to be filled up in terms of Clause 2.3 of the Prospectus. The advisory dated 16.3.2022 (Annexure P-8) did not relate to the State Quota and the respondents cannot take shelter of the said advisory to deny opportunity to the petitioner to appear in the Mop Up round in terms of Clause 2.3 of the Prospectus."
"The instructions issued vis-Ã -vis All India Quota cannot be ipso facto applied to the State Quota. So far as the filling up the seats with regard to the State Quota are concerned, the same were to be governed by Clause 2.3 of the Prospectus," the bench had noted.
Ruling in favour of the petitioner, the bench had ordered,
"In view of the above discussed circumstances, we are of the opinion that the action of the respondents in denying the opportunity to the petitioner to appear in the Mop Up round, in terms of Clause 2.3 of the Prospectus, is illegal and without any basis and the impugned notice dated 19.3.2022 (Annexure P-7) is liable to be set aside as the same runs contrary to Clause 2.3 of the Prospectus."
However, the order of the HC has been challenged and now the matter has come before the top court bench for consideration. Allowing the special leave petition, the bench has issued notice in the matter.
As per the latest media report by Live Law, denying to grant any interim relief, the vacation bench of the Supreme Court noted, "These are the fate of the system, we have to go ahead. The exam is tomorrow only, ask them to appear. Passing of any interim order will lead to more complications."
To view the Supreme Court order, click on the link below.
https://medicaldialogues.in/pdf_upload/supreme-court-neetpg-mop-up-178015.pdf
To view the High Court order, click on the link below.
https://medicaldialogues.in/pdf_upload/himachal-pradesh-hc-178016.pdf
Also Read: MCC announces Final Result of NEET PG Mop up Round counselling
