NEET PG: SC grants relief to Disabled Candidate, Reduces Penalty to Rs 5 lakh for leaving seat after Mop-Up

New Delhi: Granting relief to a disabled postgraduate medical candidate who left a seat after joining the same in the mop-up round of National Eligibility-cum-Entrance Test Postgraduate (NEET-PG) counselling, the Supreme Court on Monday lowered her penalty of Rs 15 lakhs to Rs 5 lakhs.

Although the Apex Court did not express any opinion on the issues of the law involved, the bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra allowed the petitioner candidate to participate in the further rounds of counselling for the ensuing session after paying Rs 5 lakh to the State of Tamil Nadu, where she obtained a seat in a Government Medical College.

"Having regard to the peculiar facts of the present case, and without this Court expressing any opinion on the issues of law involved, we direct that subject to the petitioner paying an amount of Rupees five lakhs to the State of Tamil Nadu, she would be permitted to participate in further rounds of counselling for the ensuing session and her documents shall be returned forthwith. This order is passed in the above peculiar facts and circumstances," ordered the Court.

The top court bench also asked the authorities to return her documents and further noted, "Since the petitioner seeks a period of one week to pay the amount, she has undertaken through her counsel that the amount shall be positively paid on or before 28 August 2023. The documents shall be returned to the petitioner in the meantime and she shall be permitted to participate in the ensuing counselling."

The matter concerned a disabled candidate suffering from post-polio residual paralysis. The petitioner suffers from 63% disability. She had initially sought admission to a post-graduate medical degree course as a disabled student at a government medical college.

After obtaining admission in the mop-up round of counselling, the petitioner candidate left the seat. According to the prospectus issued by the State of Tamil Nadu, it requires a candidate, who leaves a seat after the mop-up to pay an amount of Rs 15 lakhs.

This is due to the fact that the candidate while vacating a seat deprives another deserving candidate of the State seat in a government medical college where the annual medical fee is only Rs 22,500. Further, the Government also requires a bond from all medical students for serving in rural health care clinics for a stipulated period.

While considering the matter, without expressing any opinion on the issues of law involved, the Court reduced the amount of penalty for the petitioner to Rs 5 lakhs and permitted her to participate in further rounds of counselling for the ongoing session and asked the authorities to return her documents.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/supreme-court-order-disabled-candidate-217198.pdf

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