NEET PG Admissions: SC denies plea seeking cancellation of State-Round Counselling in Telangana
New Delhi: Taking note of the fact that the admission process has already been completed, the Supreme Court bench recently dismissed a plea praying to declare the Telangana State Round counselling for NEET PG 2021 as null and void.
Dismissing the plea, the top court division bench comprising of Justices DY Chandrachud and Hima Kohli noted, "Since the admission has been completed we are not inclined to entertain the petition."
"We will now be setting aside the admissions which have been made against that. The trouble is now we have students who have been admitted in the States. Once we interfere, we will have to set aside everything. See the hardship where it lies. We will leave it I think," further noted the bench.
When the petitioner prayed for being allowed to register for NEET PG 2022, the bench allowed the petitioner for approaching the Union Health Ministry and mentioned, "Since the registration for the ensuing year stands closed, we permit the petitioner to make a representation & ask the Ministry of Health and Family Welfare to consider the same sympathetically."
The petitioner had moved to the Apex Court seeking to declare the Telangana State Round counseling for NEET-PG 2021 as null and void. Apart from this, the petitioner doctor had also prayed for directions upon KNRUHS for permitting him to retain the seats that had been secured by them in the Round 2 of the State Quota Counselling.
Referring to the dates of State Quota Counselling rounds, the petitioner argued that the KNRUHS had wrapped up the State Quota Counselling Rounds much before the AIQ Rounds could be completed. Therefore, it was against the MCC advisory, argued the petitioner.
In that advisory dated 12.02.2022, MCC had mentioned that each rounds of the State counselling should be held after MCC of DGHS completes AIQ counselling for the respective rounds.
The petitioner further submitted before the court that in order to join the seat secured by him in the AIQ Mop-up round, the petitioner vacated his seats. However, on 29.03.2022, the University in a Notification stated that students joining PG medical courses in the University affiliated seats would be able to exercise their choice of "Free Exit" to discontinue from the course to which they had been admitted. In fact, it had further been clarified in the notification that such candidates would not be eligible for further rounds of counselling, submitted the petitioner.
At this outset, the plea stated, "Had the Petitioner not resigned from the college where he had secured admissions during the State Quota Round II Counselling, he would have been eligible for State Quota Additional Mop-Up Round. Unlike the State of Maharashtra and Gujarat, the State of Telengana is not taking any steps to withhold the seats filled up during the State Quota Mop-Up Round or cancel them as a result of which less meritorious candidates than the Petitioner have secured admissions in the State Quota and the Petitioner has been rendered without a seat despite securing better rank."
The counsel for the petitioner, Senior Advocate Gopal Sankaranarayanan pointed out that the Mop-Up Round of Counselling was completed on March 24, 2022, and the AIQ Mop Up was being conducted till March 31, 2022. Pointing out that the decision of the State was against several other states after the cancellation of AIQ mop-up round, he submitted before the top court bench, "2 States, Chattisgarh & Tamil Nadu didn't follow the rounds as recommended by the DGHS. Those who had taken part in State & All India Round 2 could participate in the 146 seats but they can't participate in the mop-up round. Those who had opted for All India Mop Up didn't get that option."
Responding to this, the presiding judge of the bench, Justice DY Chandrachud was quoted saying by Live Law, "We will now be setting aside the admissions which have been made against that. The trouble is now we have students who have been admitted in the States. Once we interfere, we will have to set aside everything. See the hardship where it lies. We will leave it I think."
At this outset, the counsel for the petitioner urged the bench for allowing the petitioner to appear in NEET PG 2022 exam and submitted, "The last date of Registration was for next year is already over. It was March 25, 2022. reg for the next year is already over. It was March 25."
Accordingly, the bench allowed the petitioner for making a representation before the Union Health Ministry and also directed the Ministry to consider the matter sympathetically.
Finally, the counsel for the petitioner emphasized before the bench for the need for streamlining the entire process related to NEET admissions and submitted, "The States & the center needs to sit & streamline the issue. There has to be some way. This has become a recurring feature."
Taking note of this, the bench agreed and directed the ASG Bhati, "You have to sit with the states & streamline this."
