NEET PG 2023: SC Refuses to Entertain Plea Challenging 'Zero' Cutoff Percentile
New Delhi: Observing that the petitioner had no locus standi the Supreme Court on Monday refused to entertain a plea challenging the Government's decision to reduce the qualifying percentile of the National Eligibility-cum-Entrance Test Postgraduate (NEET-PG) 2023 counselling to Zero.
Dismissing the Public Interest Litigation (PIL) filed by a lawyer, who challenged the decision of the Union Health Ministry, the top court bench comprising Chief Justice of India DY Chandrachid, Justice Manoj Misra and Justice JB Pardiwala observed that the petitioner was not an aspirant and therefore was not affected by the decision.
"You have no locus...absent any interest of the petitioner in this case, the petition is dismissed," observed the CJI.
Medical Dialogues had earlier reported that the Union Ministry of Health and Family Welfare (MoHFW) offered a major relief to the Postgraduate medical aspirants and reduced the cut-off for qualifying percentile for NEET-PG 2023 to "Zero" across all categories.
Writing to the Secretary of the Apex Medical Commission, the Union Health Ministry informed, "I am directed to refer to the above-mentioned subject and to say that the recommendation for a reduction in qualifying percentile for Post Graduate Courses for 2023 (NEET-PG 2023) has been considered in the Ministry."
"Approval of competent authority is hereby conveyed for reduction of qualifying percentile for NEET-PG 2023 to 'Zero' across all categories. This issues with the approval of competent authority," the Ministry further informed.
Due to this move, all those who appeared for the test will be able to appear in the counselling. The decision has drawn criticism as many feel mediocre medical students will secure seats in specialised postgraduate courses jeopardising public health.
However, the decision was challenged by a lawyer before the Supreme Court bench, and the matter was mentioned for urgent listing before a bench headed by Chief Justice D Y Chandrachud which said the plea will be heard during the day, adds PTI.
When the matter came up for hearing, the counsel appearing for the petitioner said the plea had not been filed for admission alone, and in fact, it was on the issue of the qualifying percentile having been reduced.
As per the latest media report by Live Law, when the matter was mentioned in the morning, CJI Chandrachud asked, "What can a lawyer know about the cut-off for NEET-PG?" Later, when the matter was taken in the afternoon, the CJI asked the counsel, "You are not an aspirant. How are you affected?"
In response to this, the lawyer informed the bench that this decision would affect the quality of medical services.
Thereafter, the bench questioned the locus standi of the petitioner and the lawyer urged the Court to take up the matter by removing the petitioner as it concerned the healthcare services.
He urged the Court, "I'm only saying what kind of health facilities will they give? They'll be super specialists", the lawyer submitted. "If the issue appeals to your lords, the person doesn't matter. It is not on admission, it is on health facilities provided."
However, the bench expressed its disinclination to entertain the matter. Taking note of the fact that the petitioner had no locus standi to challenge the decision, the Apex Court bench dismissed the plea.
Also Read: Breaking News: Health Ministry reduces NEET PG 2023 cut-off percentile to ZERO
