Supreme Court Issue Notice In Plea Alleging That AIQ & State Quota Seats Are Being Distributed Unfairly In Contravention Of NMC’s Counselling Scheme

As per the mandated scheme, there shall be four rounds of counselling for both the All India Quota (AIQ) as well as State seats- Round-1, Round-2, Round-3 (earlier Mop-up round) and Round-4 (Stray Vacancy). It is pertinent to note that the National Medical Commission (NMC), is the nodal authority for NEET PG Counselling, and the schedule is in conformity with the scheme of counselling upheld and reiterated vide several judgments and orders of the Apex Court.

“It is submitted that the one of the most detrimental consequences of the contravention of the mandated scheme of counselling is that seats that would finally not be selected by candidates who have blocked more than one seat presently, shall go over to the Stray Vacancy round instead of being allotted to a deserving, meritorious candidate in the Round 3 of AIQ counselling itself”, the plea reads.

A bench comprising Justice B.R. Gavai and Justice Prashant Kumar Mishra heard the matter.

Senior Advocate Rana Mukherjee appeared for the petitioners.

In the present matter, as per the plea, the alleged action of the respondents is stated to be ‘patently unfair scenario’ as the candidates of States who have not completed Round 2 can now assess analyse and select from the entire seat matrix available in the AIQ Round 3 while also simultaneously have another option to select seats in the ongoing Round 2 of their State. However, on the contrary the candidates of States which have completed Round 2 have not been given the same opportunity.

The plea further states that the All India Round 3 is to be held only after all States have completed Round-2 to ensure fair allotment of seats based on merit and in order to avert the unfair practice of double allotment of seats to the same candidate. The same has been reiterated by the Apex Court in Samreedhi Nath & Ors. Vs. Dr. Suresh Chandra Sharma & Ors whereby the Court directed the States that were running behind schedule to complete their Round 2 of counselling by a certain date only after which AIQ Round 3 could be commenced.

The scheme of counselling issued by the respondent no. 1-MCC as is reflected in the Information Bulletin for NEET PG counselling scheme, 2023 reads (Under Question 37-Frequently Asked Questions), “Who will not be eligible for third Round of Counseling?”. While in the answer it reads, “Candidates who have joined seat in Round-1 or Round-2 and State Quota seat (as per the data shared by the States) and not willing to upgrade will not be eligible or do no exit as per scheme.”

However, the petitioners contend that MCC while acting in contravention of the mandated scheme as well as contents of its own information bulletin, and without any authority issued a revised Information Bulletin on September 13, 2023 with a modified answer to question No.37 of the ‘Frequently Asked Questions’. The answer to the said question in the revised bulletin states, “Candidates who are holding any seat in Round-1 or Round-2 of AIQ and have not given willingness to upgrade in round 3 will not be eligible.”

Consequentially, the petitioners approached the Court seeking issuance of a writ in the nature of mandamus to the respondent no.1 & 2 to cancel round 3 of the all India quota counselling, NEET PG, 2023 commenced on September 9, 2023 and the consequent seal allotments and to reconduct the said round 3 of all India quota counselling after all states have completed their respective round 2.

The matter will be further heard on October 6, 2023.

Cause Title: Himanshu Ojha & Ors. v. The Medical Counselling Committee (MCC) & Ors.