MCC Round 3 AIQ NEET PG Counselling held before Completion of Round 2 for State Quota Seats: SC issues notice, to hear plea on October 6
New Delhi: While considering a plea challenging the Medical Counselling Committee's decision to conduct Round 3 NEET-PG counselling for All-India Quota seats before completion of the Round 3 counselling for the State quota seats, the Supreme Court bench has issued notices in the matter.
The plea, jointly filed by 20 NEET-PG candidates, sought directions to cancel and reconduct Round 3 of the All India Quota Counselling for 2023 NEET PG after all states have completed their respective Round 2 of the state quota counselling.
Agreeing to examine the matter, the top court bench comprising Justices B.R. Gavai and Prashant Kumar Mishra issued notice to the Medical Counselling Committee, National Medical Commission (NMC), DGHS, Union Government, and four states -- Andhra Pradesh, Bihar, Karnataka and Telangana.
The bench refused to pass any interim directions staying the All India Quota Counselling but decided to take up the matter for further hearing on October 6. It orally remarked that Round 3 of the All India Quota (AIQ) Counselling will be subjected to the decision of the court, adds IANS.
Senior advocate Rana Mukherjee, instructed by advocate Gargi Srivastava, pleaded that the Medical Counselling Committee (MCC) commenced Round 3 of AIQ counselling on September 9 when several states were yet to complete Round 2.
It was stated that All India Round 3 is to be held only after all states have completed Round 2 to avert the unfair practice of double allotment of seats to the same candidate.
“As a consequence of the commencement of AIQ Round 3 before the completion of Round 2 of all states, candidates who are still participating in Round 2 of state counselling or have already joined seats in such ongoing Round 2 of state counselling have also been given the opportunity of participating and blocking seats in Round 3 of the AIQ counselling,” the plea said.
It also referred to an earlier decision of the top court passed in November 2022 “whereby the court directed the states that were running behind schedule to complete their Round 2 of counselling by a certain date only after which AIQ Round 3 could be commenced.”
The petition said that unless Round 2 of State Quota has not been completed and the names of joined candidates up to Round 2 have not been uploaded on the common portal, Round 3 should not commence, adding that candidates from Andhra Pradesh, Bihar, Karnataka, and Telangana were given an unfair advantage of viewing and selecting seats from both the state quota (Round 2) as well as Round 3 of All India Quota Counselling.
According to the prescribed scheme of counselling, four rounds of counselling are conducted to fill up both the All India Quota (AIQ) seats as well as State quota seats. Round 3 (earlier Mop-up round) and Round 4 (Stray Vacancy) are arranged to fill up the vacant seats after the first two rounds.
As per the latest media report by Verdictum, the plea alleged that the action of MCC and other authorities is 'patently unfair scenario' as the candidates of States who have not completed Round 2 will be able to assess, analyse and select from the entire seat matrix available in the AIQ Round 3 while they will simultaneously have another option to select seats in the ongoing Round 2 of their State. On the other hand, the candidates of the States which have completed Round 2 will not get a similar option.
"It is submitted that the one of the most detrimental consequences of the contravention of the mandated scheme of counselling is that seats that would finally not be selected by candidates who have blocked more than one seat presently, shall go over to the Stray Vacancy round instead of being allotted to a deserving, meritorious candidate in the Round 3 of AIQ counselling itself," stated the plea.
The Daily adds that the plea further mentioned that All India Round 3 is to be held only after completion of Roun-2 counselling for State quota seats in order to ensure fair allotment of seats based on merit and also to avert the unfair practice of double allotment of seats to the same candidate.
Further, the plea referred to the scheme of the counselling issued by MCC as reflected in the Information Bulletin for NEET PG Counselling scheme, 2023 stating (Under Question 37-Frequently Asked Questions), “Who will not be eligible for third Round of Counseling?”. The answer to this question States, “Candidates who have joined seat in Round-1 or Round-2 and State Quota seat (as per the data shared by the States) and not willing to upgrade will not be eligible or do no exit as per scheme.”
However, it was contended by the petitioners that MCC while acting in contravention of the mandated scheme as well as the contents of its own information bulletin, and without any authority issued a revised Information Bulletin on September 13, 2023, with a modified answer to question No.37 of the ‘Frequently Asked Questions’.
Answering the said question, MCC stated in the revised bulletin, “Candidates who are holding any seat in Round-1 or Round-2 of AIQ and have not given willingness to upgrade in round 3 will not be eligible.”
Thereafter, the petitioners approached the top court bench seeking direction to the authorities including MCC and NMC to cancel the Round 3 of AIQ counselling for NEET PG 2023 that commenced on September 9, 2023, and the consequent seat allotments. Further, the petitioners also urged the authorities to reconduct the said round 3 of AIQ counselling after all states have completed their respective round 2.
The matter has been listed for further hearing on October 06, 2023.
Medical Dialogues had earlier reported that alleging seat blocking scam in the ongoing National Eligibility-cum-Entrance Test Postgraduate (NEET-PG) counselling, the Maharashtra Chapter of the Indian Medical Association Junior Doctors' Network (IMA-JDN) recently requested the authorities to bring a temporary halt to the All India Quota Round 3 counselling.
Writing to the Union Health Minister Mansukh Mandaviya, the association had urged that the counselling should be halted till the time all states conduct their Round 2 & share the data of students who joined in the State Round 2 with MCC. The doctors argued that this must be done to ensure that the Medical Counselling Committee (MCC) removes the names of these candidates from taking a seat in the All India Round 3.
In the letter addressed to the Union Health Minister, the association alleged that "there is massive seat blocking going on due to States not following MCC schedule for NEET PG counselling 2023" and pointed out that this is in direct contravention of Supreme Court Order issued last year, when the Apex court had directed that All India Round 3 should happen only after States conduct their Round 2 and share their data with MCC.
Last year, in order to dismiss the gap between the State and All-India Quota counselling for NEET PG Examination, the Supreme Court had directed all the States and Union Territories to complete the second round of counselling within November 16, 2022.
The States were further directed by the Apex Court to submit the data in this regard to the Medical Counselling Committee (MCC) and following this, the Mop-up counselling shall be conducted, the top court bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli had ordered back then.
To view the Supreme Court order, click on the link below:
https://medicaldialogues.in/pdf_upload/supreme-court-neet-pg-counselling-221565.pdf
