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A Supreme Court bench of Justices DY Chandrachud, Surya Kant and Bela Trivedi today asked the Directorate General of Health Services (DGHS) to reconsider its decision to include 146 new seats of government medical college in the Mop-Up round and not in the first two All India Quota rounds of NEET PG counselling by tomorrow.

Court further directed that the process of admission on the seats yet allotted in the Mop-Up round shall be in status quo position till tomorrow. Court thus adjourned the matter till tomorrow and directed it be placed as the first item before it.

The directions have been issued in the light of the plea filed by NEET PG candidates alleging that this decision by the DGHS prevented students who were higher in merit to apply for these 146 new seats as students who had obtained seats in the first two AIQ rounds were not permitted to participate in the Mop-Up round.

Considering this, Court asked the DGHS to take a call on the notification dated March 16, 2022 due to which the students who had obtained seats in the State Quota in rounds 1 and 2 of the counselling were not permitted to participate in the Mop-Up round in AIQ seats.

Court noted that “prima facie it appears that the advisory has not been followed uniformly as a result of which some candidates despite the advisory were permitted to appear in the Mop-Up round while others did not do so fearing debarment.”

Court also said that if the advisory is not followed across the country uniformly it would create serious doubts on the counselling.

Court also took note of the order passed on December 16, 2021 in a case titled Nihila PP Vs Medical Counselling Committee wherein it took note of DGHS’ modified scheme of counselling  which provides:

a) There will be 4 rounds of Online counselling i.e. AIQ Round I, AIQ Round 2, AIQ Mop-up Round and AIQ Stray Vacancy Round.

b) The seats which were earlier reverted back to the respective States after the completion of Round 2 of AIQ will continue to be filled in the AIQ Mop Up round and AIQ Stray Vacancy Round to be conducted by MCC of DGHS, MoHFW in online mode.

c) The said rounds will only be conducted for the AIQ seats having All India character which are contributed by the States for 15% UG seats and 50% PG seats.

d) Fresh registration of candidates will be allowed in: AIQ Round 1 AIQ Round 2 AIQ Mop-Up Round.

e) There will be no fresh registration for candidates in the AIQ Stray Vacancy Round.

f) There will be an option for up-gradation and free exit, only in Round 1 of the AIQ counselling.

g) There will not be an option of up-gradation to Mop-up round from round 2.

h) Candidates who have joined the allotted seat in Round 2 and further rounds of counselling will not be allowed to resign and will also be ineligible to take part in further rounds of any type of counselling.

i) Candidates who have not joined the allotted seat in Round 2 will be eligible for further rounds of counselling subject to forfeiture of security deposit and fresh registration in only the Mop-Up round.

j) The provisions with regard to security deposit, option of free exit and eligibility for participation will be as per the Gazette Notification No.MCI-34(41)/2018-Med./109835 dated 18/05/2018”

Court noted that the centre has stated that on March 15, 2022, DGHS received letters regarding the inclusion of new seats, as a consequence of which 146 seats became available. The 146 seats were to be allotted but they were not available for distribution when the counselling took place either in round 1, 2 of AIQ.

Court stressed that therefore, the candidates who participated in these rounds did not have the opportunity to apply for these seats. Court said as a consequence of this decision these seats have been allocated to students lower in merit than those who were allotted seats in the first two rounds.

Case title: Batch of matters including Dr. Keerthana Vs MCC