NEET PG Candidates seek permission to appear in Mop-up round: SC issues notice to DGHS

"If we cancel the seats, then we will have to cancel all the admissions. Who's for DGHS? Granting a stay on the process of counseling will be a very extreme step. We are dealing with medical students," the bench comprising of Justice D Y Chandrachud was quoted noting by Live Law.

The matter has been listed for further hearing on March 30.

Medical Dialogues had earlier reported about the plea where two doctors had wished to appear in the mop-up round of NEET PG counselling. Both these doctors had appeared in the previous rounds of NEET PG 2021 counselling.

One doctor 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 Pediatrics branch in Round 2.

So, in the other petition, the petitioner had challenged the Medical Counselling Committee's notice dated March 16, 2022, which barred participation in the mop up round counseling for NEET PG Admissions if the candidate has picked up seat in State Quota 2 counseling.

In their plea, the doctors had 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 or round 1 and round 2 and the candidates who can register 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 the allocation process, the plea had further mentioned, "The petitioner and other similarly placed candidates are 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."

Also Read: NEET PG Candidates seek permission to appear in Mop-up round: SC to hear plea on March 25

As per the latest media report by Live Law, during the hearing of the matter, Advocate Shivendra Singh, the counsel for one of the petitioners, challenged the notice dated March 16 and submitted that when the Counsel had mentioned the matter on March 24 for urgent listing, the result for Mop Up Round counseling had not been announced by MCC.

Claiming the notice to be "illegal", the counsel pointed out that the notice changes the understanding of the candidates in the middle of the counseling.

He submitted, "Matter was mentioned. At that time results were not declared but then at the same date the provisional and final results were declared. The notice is illegal as it has changed the understanding of the candidates in the midst of the counseling. MCC has not even acted upon the impugned notice. There have been candidates who have held the state quota and they have been granted seats in AIQ too. There has been confusion with regards to the counseling. Notice has infused the whole matter of counseling with confusion."

The counsel for another petitioner, Senior Advocate Gopal Sankaranarayanan referred to the notices issued by DGHS bringing into pool the unavailable seats.

He submitted, "After the 2nd round, after we have been allotted seats, DGHS issued 2 notices bringing into the pool seats which were not available. 100's of seats. People below the merit list were given seats which were not available. Many people who are well below us in the merit list have got seats."

Taking note of these submissions, the top court bench comprising of Justice DY Chandrachud noted, "If we cancel the seats, then we will have to cancel all the admissions. Who's for DGHS? Granting a stay on the process of counseling will be a very extreme step. We are dealing with medical students."

While the counsel for the petitioner demanded that DGHS needed to take a call on what they wanted to do, Senior Advocate Rakesh Khanna, appearing for another group of students, referred to the trend of blocking of seats which caused a huge vacancy of around 6,000 seats in the mop-up round.

On the other hand, ASG Aishwarya Bhati for DGHS informed the bench about the total figures of persons who had appeared. She also pointed out the fact that the result for the Mop-Up round had been declared.

Mentioning that the whole purpose of the Mop-Up round was to ensure that fresh candidates were allowed instead of highly meritorious candidates holding seats, she submitted, "the whole purpose of this is for the reason that the candidates who are highly meritorious do not hold seats and thus only fresh registration are allowed in round 1 & 2 and round 3 and 4 are there to ensure that medical seats do not get wasted."

At thus juncture, the bench asked DGHS if an affidavit could be filed by the evening, and also inquired the advocate for the petitioner as to how the court could possibly intervene now that 5888 seats already have been filled.

Responding to this, Advocate Gopal Sankaranarayanan pointed out how the system has been "unfair", he referred to the fact that giving up seats at this juncture would cost the petitioners Rs 5 lakh, he prayed for considering the waiving of the security deposit already made by the petitioners.

However, responding to this suggestion, the bench remarked, "If we do that we'll have to do it for the students all over India."

Senior Advocate Sanjay Hegde appearing for another petitioner seeking similar permission to appear in the Mop-Up round submitted at this juncture, "I will be typed down to huge penalties over 3 years for a course which I do not want to do. Now when people who are much lower than me have got better discipline, I will be stuck with discipline in which I have no interest. Please allow me to walk up from the course in which I have no interest. Mop Up for 6000 seats was unprecedented. It is a matter of equal opportunity."