NEET PG candidates seek permission to appear in Mop up round, Supreme Court issues notice to MCC, NBE

Both these doctors had appeared in the previous Rounds of NEET PG 2021 counselling.

Issuing notice, the top court bench comprising of Justices DY Chandrachud and Surya Kant listed the matter for further hearing on March 21, 2022, adds Live Law.

One of the two petitioner doctors had joined the DNB Psychiatry course after the Round 1 counselling. However, the doctor was not given an Upgrade in Round 2. In the case of the other doctor, even though the doctor was allotted MS (General Surgery) in Round 1, the doctor joined Paediatrics branch in Round 2. So, they wanted to appear in the Mop-up Round of Counselling.

The doctors pointed out that the seats for Mop-Up Round were not available or the candidates who have joined seats in the previous Rounds. However, such a rule was prejudicial to the interest of the candidate.

Also Read: NEET PG Counselling: MCC clarifies on conversion of unfilled NRI, Minority seats, Details

In the plea, the doctors stated, "That while restricting the candidates an option of upgrade and to apply for the Mop-Up round, the Respondent is taking away the precious right of the meritorious candidates to apply for the Mop- Up round. It is also creating an artificial divide among the candidates who are registering for round 1 and round 2 and the candidates who can registering for Mop-Up Round."

Relying on the Information Brochure of INI CET wherein the candidates could register for the Open Round of seat allocation if the originally allocated seat gets vacated during allocation process, the plea further mentioned, "The Petitioner and other similarly placed candidates re grossly aggrieved by the action of the Respondent No. 1 in not allowing the candidates to apply for Mop-Up round in case they are holding a seat of Round-1 or Round-2. By doing so, the Respondent in an unfair manner is restricting the candidates to apply for the Mop-Up round."

Apart from seeking permission to appear in the Mop-Up round, the doctors also sought relief for amending clause (g) of the modified scheme, as per which, there is no option for up gradation to Mop-Up Round from the Round 2. Amendment was sought for clause (h) as well because it restricts the candidates who have joined allotted seat in Round 2 and further rounds from resigning and participating in further rounds.

"That the aforementioned stipulation restricts meritorious candidates the chance to get the branch or seat, even if they deserve the same. Thus, restricting the chances of the meritorious candidates to get the branch and seat, even if they are deserving and would have otherwise been eligible for the same, had they not applied for Round 1 or 2," contended the plea as it referred to the order passed by the top court in Nihla PP v MCC, where Union Government had been directed to file an affidavit and explain the scheme of counselling for NEET-PG/UG 2021.

As per the latest media report by Live Law, appearing for one of the doctors, Senior Advocate Sanjay Hegde submitted, "This question is not merely of mop up & stray seats but due to peculiar circumstances of pandemic, there are 6000 seats involved. The scheme precludes us from upgrading…"

The counsels for the doctors also pointed out before the bench the notice dated March 5, 2022. That notice was issued by DGHS regarding the students trying to block the seats by opting for seats and not joining the allotted seats.

Responding to the submissions made by the counsel for the doctors, Justice Chandrachud noted, "They say that once you take a seat you cannot upgrade. They want certainty in the process."

Senior Advocate Gopal Shankaranarayanan submitted for another doctor and relying on the notice dated March 5, 2022, he pointed out that there were documents showing the blocking of seats.

He also referred to the DGHS notice dated March 10, 2022 and submitted that there was another aspect to the matter related to the conversion of unfulfilled NRI/Muslim Minority/Jain Minority seats to Indian National Seats after exhaustion of all the eligible minority candidates during the Mop-Up round before giving them back to the Universities.

At this outset, the bench noted, "We'll give you an early date and consider what the other side has to say. We'll keep it on Monday after Holi."