NEET PG Delhi HC issues guidelines to MCC for conducting PG Admissions process
Delhi: In order to streamline the PG medical admission process, the Delhi High Court has recently issued a set of guidelines to the Medical Counseling Committee (MCC).
These guidelines have been issued in the backdrop of a hearing on the PIL filed by a doctor who submitted that even after getting confirmation about his admission at the Maulana Azad Medical College, Delhi (MAMC); he was denied admission as the authorities there informed him that he has been 'wrongfully allotted' seat under DU quota.
The petitioner submitted that he initially got a seat in MD (Community Health) at the National Institute of Community Health, New Delhi in the first round of counselling. But he did not take admission as in the mop-up round, he was allotted a seat for MD (Pathology) in MAMC. He received an e-mail on 25th July, 2020 asking him to report to MAMC along with all the necessary documents. He thereafter, travelled and reported at MAMC on 26th July 2020 and took admission.
However, later that day, after the admission process was completed, he was informed by the medical college staff that he had been wrongfully allotted a seat under the Delhi University Quota and thus, his admission could not be confirmed. After this, he approached the authorities with the issue but in vain. Hence, he turned to HC for relief.
The counsel appearing for the Petitioner submitted that though he was also allotted a seat in State Quota for MD in Psychiatry course at Dr. Somervell Memorial CSI Medical
College, Karakonam, he opted not to take admission in the MD Psychiatry (PS) program as he already secured a seat in MAMC. He travelled to Delhi for admission and the seat at SMC was forgone by him. Consequently, he was left with no option to pursue either of the courses in this session. He also added that the petitioner should not be made to suffer due to a "bona fide human error."
College, Karakonam, he opted not to take admission in the MD Psychiatry (PS) program as he already secured a seat in MAMC. He travelled to Delhi for admission and the seat at SMC was forgone by him. Consequently, he was left with no option to pursue either of the courses in this session. He also added that the petitioner should not be made to suffer due to a "bona fide human error."
Contending against the submission of the petitioner, the MCC stated the candidate was well aware that only those candidates who complete their MBBS from DU are eligible for the Delhi University Quota. Implying this it was cited by the committee that "the Petitioner was conscious of the fact that his allotment itself was a mistake in view of the mistaken quota in which he had applied."
After carefully considering the submission of both the parties, a bench of justice comprising Justice Pratibha M Singh noted:
this confusion could have been averted if there were proper checks in place at different levels of counseling. The checks ought to have been installed at the time of registration and prior to allotment in the first round. Since there were no checks, and partly due to the Petitioner's fault, he has been put in this situation. The Court while being empathetic with the position in which the Petitioner currently finds himself, however, cannot direct confirmation of his admission in MAMC under the Delhi University Quota. Accordingly, the relief sought for, for confirming the Petitioner's admission in MD (Pathology) in MAMC cannot be granted.
However, in order to ensure that medico must not suffer due to the fault of the concerned authorities, the court stated:
"Owing to the predicament of the Petitioner and the peculiar facts of this case, the State of Kerala shall allot any unfilled seat to the Petitioner in a post-graduate medical course to enable him to take admission on or before 31st August 2020."
The Court, therefore, proceeded to issue the following directions, in order to avoid such a situation in the future:
(I) At the time of registration for counselling, there shall be a specific field which candidates would be required to fill up with details of the college and the University from where they have completed their MBBS course.
(ii) Upon the said field being incorporated, the system should be designed in such a manner that only those quotas for which the candidates are eligible would be made available to the candidates. For example, if the candidate has completed the M.B.B.S. course from Kerala and the name of the college is filed up along with the name of the University, the Delhi University quota should not be made available to such a candidate. This would ensure that the complexity created due to the presence of various quotas in counselling is eliminated. This would also ensure that candidates are not put through gruelling circumstances in the course of the counselling, which takes place over a period of three to four months every year.
(iii) After registration, prior to the allotment of seats, the data submitted by candidates shall be cross-verified with the data available with MCC so those wrong allotments are not made.
Attached is the order below:
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