NEET PG seat dispute: Can Medicine Seat be converted into Radiodiagnosis? SC directs NMC to consider
Supreme Court of India
New Delhi: The Supreme Court recently issued directions to the National Medical Commission (NMC) to consider if the General Medicine seat occupied by a NEET-PG candidate could be converted to one under Radio Diagnosis.
Such a direction has been issued by the Apex Court as the concerned candidate had spent 6 months studying Radiodiagnosis before another candidate, who had a higher claim in the institutional reservation, became eligible for the Radio Diagnosis seat in question.
Terming the situation as "extraordinary", the Apex Court bench comprising Justices PS Narasimha and Atul S Chandurkar ordered,
"In view of a rather extraordinary situation, the National Medical Commission is directed to consider if the seat occupied by the petitioner in General Medicine can be converted as the seat for Radio Diagnosis. This direction, only to consider, is in view of the fact that the petitioner has spent six months pursuing Radio Diagnosis and also for the reason that he is meritorious."
However, the bench also made it clear that it did not wish to disturb the position of the candidate, who became eligible for the lone seat allocated towards Radio Diagnosis at the medical institute.
"We are aware of the fact that there is only one seat allocated towards Radio Diagnosis, with respect to which respondent no. 4 is now eligible. We also make it clear that our intention is not to disturb the position of respondent no. 4," clarified the bench, while adding that NMC may instruct its counsel, who will inform the Court about the advice on 29.08.2025.
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As per the latest media report by Live Law, the petitioner in this case is a Senior Casualty Medical Officer at Jawaharlal Nehru Institute of Medical Sciences (JNIMS), Imphal. The petitioner and the other candidate, Senior Resident in the Department of Radiodiagnosis at JNIMS appeared in the NEET-PG Examination, 2024.
The petitioner was selected in the 3rd round of counselling for PG course in Radiodiagnosis against the seat reserved for the JNIMS sponsored candidates as provided under the 1st Amended Rules of 2022 and the Reservation Scheme of 2022, as per which, he must surrender the seat if any eligible candidate, serving as Senior Resident, becomes eligible after loweing of the cut-off percentile in subsequent rounds.
He scored a better percentile than the Senior Resident in the Radiodiagnosis Department of JNIMS and was admitted to the JNIMS PG course after his selection. However, subsequently, the minimum cut-off percentile was lowered and thereafter, the other candidate became eligible to participate in Stray Round of Counselling.
She submitted a representation stating that, in terms of Reservation Scheme of 2022 (notified by Director, JNIMS), the petitioner must surrender the PG seat of Radiodiagnosis. Accordingly, she sought allotment of the seat to her as provided under the 1st Amended Rules, 2022.
While considering the matter, initially, a Single Bench of the High Court refrained from deciding the case on merit and directed the authorities to adjust the petitioner's admission (in Radiodiagnosis PG Course) against a vacant PG seat in Medicine. The Division bench of the High Court also upheld the Single Bench's order.
The Division Bench opined that there was no delay or lapse on the part of respondent No. 4 in making a claim to the authorities to consider her case for admission against the PG seat in the Department of Radiodiagnosis and that the authorities unreasonably failed to consider her claim in time.
"We are also of the opinion that the respondent No. 4 is entitled to have her case consider for admission against the lone PG seat in the Department of Radiodiagnosis, which is reserved for the JNIMS sponsored candidates, as provided under the 1st Amended Rules, 2022 read with the Reservation Scheme of 2022 and such entitlement cannot be deprived of only on account of the inaction on the part of the authorities and without any fault on the part of the respondent No. 4," the HC Division bench had ordered.
Further, the Court also opined that the interests of both the petitioner and respondent No. 4 could be protected by the arrangement proposed by the Single Bench. However, dissatisfied with the Division Bench's order, the petitioner approached the Supreme Court.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/supreme-court-radiodiagnosis-299047.pdf
