The recent legal analysis by the court regarding conducting a Special Stray Round of NEET-PG-2021 counseling sheds light on the importance of defining a clear endpoint in the admission process to prevent endless rounds. The decision reflects concerns about the impact on medical education and public health, emphasizing adherence to the approved counseling schedule. This summary delves into the court’s rationale and its implications on the NEET-PG-2021 admission process.
Facts
- FAC part of the judgement pertains to the background of the case related to NEET-PG-2021 admissions.
- It highlights that the earlier counselling scheme included two rounds for All India Seats and State Quotas seats respectively.
- The petitioners sought relief in the form of conducting a Special Stray Round of counselling for the vacant 1456 seats after the AIQ Stray Vacancy Round.
- The NEET-PG-2021 counselling timeline included Round 1 on 12.01.2022, Round 2 on 05.02.2022, Mop-Up Round on 14.04.2022, and final Stray Round starting on 28.04.2022 and ending on 07.05.2022.
- Original writ petitioners approached the High Courts for relief, which were dismissed, leading to the filing of special leave petitions.
- The counselling scheme was modified to include four rounds with no seats to be reverted to the States.
- The petitioners who participated in all the counsellings but could not secure admissions in the AIQ rounds sought redress through the writ petitions.
- Candidates are willing to take admission on any remaining vacant seats
- An additional round of counselling for 146 seats was conducted due to the addition of seats in NEET-PG-2021
- The Mop-Up round was cancelled and directed to be reconducted
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Arguments
- Petitioners urge to direct conducting a Special Stray Round of counseling as a one-time measure.
- Opposition by the Union of India and the Medical Counselling Committee.
- Submission that the dispute is regarding NEET-PG-2021 seats.
- Four rounds of counseling have been conducted for All India Quota and State’s Quotas.
- Out of 40,000 seats, only 1456 seats remained vacant after nine rounds of counseling.
- Approximately 1100 vacant seats are non-clinical courses.
- Remaining vacant seats are in private colleges and clinical courses.
- Seats remain vacant annually due to lack of interest or high fees.
- Argument against conducting endless counseling rounds until all seats are filled.
- Decision not to conduct another Special Stray Round due to various reasons.
- Last round of counseling ended on 07.05.2022.
- Vacant seats are not just for Paramedical courses.
- Vacant seats are due to non-joining and candidates not reporting.
- Duty of the Medical Counselling Committee to fill the remaining vacant posts.
- Closing of software before filling vacant seats is questioned.
- Reference to previous court decisions regarding vacant seats.
- Registration for NEET-PG-2022 closed on 25.03.2022, limiting options for NEET-PG-2021 candidates.
- 1456 seats can only be open for merit-based competition for NEET-PG-2021 candidates.
- Impact of admitting candidates on remaining vacant seats on their education.
- Participants in NEET-PG-2021 counseling did not register for NEET-PG-2022.
- Admission of students mid-term is not permissible even if some seats remain vacant
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Analysis
- The judicial notice is taken that every year a significant number of non-clinical seats in medical education remain vacant due to lack of interest from graduate doctors.
- The process of admission in medical education cannot be endless, and there must be a specific endpoint.
- Even after multiple rounds of counseling, a substantial number of non-clinical seats remain vacant, which should not lead to further rounds of counseling.
- The decision not to conduct a Special Stray Round of counseling is in the interest of medical education and public health.
- The schedule for NEET-PG-2021 counseling was fixed and approved by the Court, and it must be adhered to.
- There cannot be mid-term admissions on seats remaining vacant for a long time after multiple rounds of counseling.
- The decisions in similar cases where extension of time schedule for counseling was denied were referred to.
- Identical view was taken in the decision in Neelu Arora v. Union of India and connected matters disposed of on 24-1-2003.
- In Medical Council of India v. Madhu Singh, the Court held that there is no scope for admitting students midstream as it goes against the statutes governing medical education.
- Granting relief now may impact medical education and public health
- Petitioners are not entitled to a writ of Mandamus for Special Stray Round of counselling for NEET-PG-2021
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Decision
- Both the writ petitions and special leave petitions are to be dismissed.
- No costs are to be awarded in this case.
Case Title: DR. ATHARV TUNGATKAR Vs. THE MEDICAL CONSULTING COMMITTEE (2022 INSC 640)
Case Number: W.P.(C) No.-000393 / 2022
