NEET PG Candidates Cannot Participate In Further Rounds After Joining 3rd Round Of Counselling For State Or All India Quota : J & K And Ladakh HC

The Jammu and Kashmir and Ladakh High Court, Srinagar Bench, noted that candidates, after joining third round of counseling for either the State or All India Quota for medical admissions, cannot participate in any further rounds of counseling.

The Court dismissed a Petition by one of the Candidates, who was allotted a seat but still sought to participate in the state quota. The Candidate was denied such a request through an order of the Jammu and Kashmir Board of Professional Entrance Examination (BOPEE). The Candidate approached the High Court challenging the order.

The Bench of Justice Sanjay Dhar observed, “From a perusal of the aforesaid Clause, it is clear that once a candidate joins in 3rd round of counselling in All India Quota, he/she cannot be allowed to resign from the 3rd round and he/she cannot be allowed to participate in further rounds of counselling after joining in 3rd round of counselling of All India Quota”.

Senior Advocate ZA Shah appeared for the Petitioner and Deputy Solicitor General TM Shamsi appeared for the Union.

The Petitioner, a medical student, approached the High Court challenging the order of the BOPPE. The Board denied her admission to a postgraduate program in anatomy at Government Medical College (GMC), Srinagar. The Petitioner contended that she should be allowed to participate in the state quota counseling even though she was already allotted a seat in the All India Quota counseling. The Respondents, BOPEE, and the Medical Counselling Committee contended that the Petitioner cannot participate in the state quota counseling because she has already been admitted to a seat in the All India Quota counseling.

The Cout considered the following issue: "whether a candidate whose name figures in the list of ‘joined candidates’ up to 3rd round of PG counselling in All India Quota is entitled to participate in counselling for admission to Post-graduation, 2023, under State quota”.

The Court referred to the relevant rules and regulations, which state that a candidate who has joined in the 3rd round of counseling in All India Quota cannot be allowed to resign from the 3rd round and participate in further counseling rounds.

The Bench also observed that a notice was issued by the Government of India, Directorate General of Health Services, which states that candidates who have joined up to round 2nd of All India Quota or State quota shall not be eligible to participate in further rounds for All India Quota or State quota from the academic year 2022-23 onwards.

The Court, furthermore, noted that the Petitioner had joined in the 3rd round of counseling in All India Quota and had completed all the formalities about her admission to GMC, Jammu. The admission to NEET-PG, Session 2023 closed on 20th October, 2023.

Accordingly, the Court dismissed the Petition.

Cause Title: Dr. Insha Abid v Union Of India & Ors

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