NEET PG impersonation: SC directs Karnataka Medical College to clarify who occupied seat

Written by Barsha Misra Published On 2022-05-08T18:30:57+05:30 | Updated On 2022-05-08T18:31:24+05:30

NEET PG impersonation: SC directs Karnataka Medical College to clarify who occupied seat

New Delhi: In the latest update in the plea concerning impersonation in NEET PG Counselling, the Supreme Court on Friday asked MS Ramaiah Medical College in Karnataka for a clarification in this regard and reveal who was occupying the seat.Directing the medical college to file an affidavit in this regard, the top court bench comprising of Justices DY Chandrachud and Surya Kant...

New Delhi: In the latest update in the plea concerning impersonation in NEET PG Counselling, the Supreme Court on Friday asked MS Ramaiah Medical College in Karnataka for a clarification in this regard and reveal who was occupying the seat.

Directing the medical college to file an affidavit in this regard, the top court bench comprising of Justices DY Chandrachud and Surya Kant was quoted saying by Live Law, "Karnataka Examination Authority has filed an affidavit in pursuance to the order dated April 29. We direct MS Ramaiah Medical College to file counter clarifying who is occupying the seat which is said to have been allotted in round 2 in the name of the petitioner within a period of 3 weeks."

Medical Dialogues had earlier reported that the Apex Court had issued notice while considering a case of impersonation in NEET-PG counselling, where a candidate in Karnataka took admission in the name and place of the petitioner student, who hailed originally from Rajasthan.

The petitioner doctor in the present case, who studied in Maharashtra, had taken part in the Round 1 and 2 of the AIQ counselling and consequently was allotted a seat in M.D Psychiatry in Mahatma Gandhi Institute of Medical Sciences, Wardha. However, she did not join the seat and exited the same with forfeiture. Following this, she took part in the State Counselling in Maharashtra in the State Quota seats and secured a seat for M.D. Chest and T.B. from Indira Gandhi Government Medical College, Nagpur.

At this point, the petitioner did not join the State seat as well and had challenged the April 16, 2022 notice issued by Maharashtra Government, by which she had been debarred from participating in the fresh mop up round.

In her petitioner, she had referred to the Supreme Court order dated March 31, 2022, students who had joined in round 2 of the State quota or round 2 of the AIQ shall not be eligible for participating in the mop-up round for the All India Quota. She claimed that as per the order, she was eligible for participating in the fresh mop up round as she did not join an seat in round 2 of AIQ or the State Quota seat.

Also Read: Supreme Court issues notice on plea seeking time for fresh registration in NRI quota before NEET mop-up round

"Thus, the Petitioner is eligible to participate for fresh AIQ Mop-Up and in the most arbitrary, mechanical and illegal manner blocked by impugned notice dated 16.04.2022. This despite the fact that the Respondent No.2 in its notice dated 26.03.2022 clearly showed status of the Petitioner as Non Joined/canceled candidate. That this is in gross violation of the Fundamental Rights guaranteed by the Constitution and hence the Petitioner is constrained to knock the doors of this Hon'ble Court," the plea stated.

Meanwhile, the matter of alleged impersonation took place and the counsel for the petitioner, Senior Advocate Sanjay Hegde submitted before the top court bench that someone else had taken admission in the place of the petitioner doctor in the State of Karnataka.

As per the latest media report by Live Law, during the hearing of the case on Friday, ASG Aishwarya Bhati informed the bench about the registration of FIR by the State of Karnataka and stressed on the fact that the matter required to be probed.

She submitted, "FIR has been registered by Karnataka. Showing how many steps were taken by us as to whether it was done by the petitioner or somebody on her behalf, investigation needs to be done in the matter. Nothing remains now."

Meanwhile, the counsel for the petitioner student, Senior Advocate Sanjay Hegde contended that the matter pertained to an "identity theft" and submitted that the petitioner could only get the seat either in Maharashtra or Gujarat but but someone occupied the seat in Karnataka.

"If I had a medical seat in MS Ramaiah medical college, I wouldn't have been before your lordships. I could not have a seat. I can only get a seat in Gujarat or Maharashtra but someone in Karnataka is occupying my seat. I know I've lost my seat for the year but this is some fraud which will continue. The seat has gone to somebody which will subsequently be regularized through some process or another. College has to come and say as to who is occupying this MD Obs Gynae seat and if that lady is not there, who is occupying. This is identity theft," he submitted.

Responding to this submission, the top court bench comprising of Justice Chandrachud noted, "This is a far fetched theory which you have developed. There is nothing we can do today now."

At this outset, the counsel appearing for Karnataka Examination Authority submitted, "Everything original documents have been done though her own user ID & PW. She has made the payment of 12 lakh rupees."

When the senior counsel urged the bench for directing the colleges for submitting an affidavit, the bench noted,"That'll come during the course of investigation, why should we order? We can't grant your prayers today."

"I have lost not only a seat there but a seat everywhere. Your lordships know how much a seat costs," the counsel for the students mentioned in response.

The bench replied, "Why should we entertain it here Mr Hedge? There is no way now Mr Hegde."

Responding to this, the senior counsel for the students submitted, "I don't want to be unreasonable but with a sense of authority, I am requesting your lordships as to who is sitting in the college on that seat. There is somebody who has benefited from this impersonation. That seat whoever is occupying is, your lordships needs to ask who has joined it."

Agreeing the bench noted, "We can ask the college to file an affidavit. Let us know the truth actually."

Also Read: NEET 2021 Cannot be Cancelled for Instances of Impersonation, Paper Leak: Supreme Court says no to re-exam

Source : with inputs

Barsha Misra

M.A, English

Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.