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A Supreme Court bench of Justices Chandrachud, Surya Kant and Bela Trivedi today set aside the All India Quota Mop Up round NEET-PG counselling today. The court further directed that the 146 new government college seats that were made available for mop up round of counselling be redistributed by new round of counselling.

The court has further directed that students who have not joined the counselling in the second round in both State quota and All India quota will be eligible to participate in the fresh round of counselling and that the fee they have paid will not be forfeited.

The court further directed DGHS to invite options for the counselling in 24 hours from uploading the notification online and finish the processes 72 hours thereafter. The court has further directed that the fresh round of counselling be conducted in a period of one week after completion of the process. The court further held that students who have joined in the second round of counselling of State Quota will not be eligible to participate in the new counselling.

The court had yesterday asked the Directorate General of Health Services  (DGHS) to reconsider the inclusion of 146 new seats of government medical college in mop up round and not in the first two All India Quota rounds of NEET PG by tomorrow and further directed that the process of admission in the seats allotted during the mop up round stay where it is till tomorrow

The court gave the above direction in the light of the plea filed by candidates stating that this decision by the DGHS prevented students who were higher in merit to apply for these 146 seats ie. Students who had obtained seats in the first two AIQ rounds were not permitted to participate in the mop up round. The court also directed DGHS to take on call on the notification dated 16th March 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 mop ip round in AIQ seats.

The 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.” The court also noted that if the advisory has not been followed across the country uniformly it would create serious doubts on the counselling.

The court also directed the position of the seats allotted in mop up round be in a status quo position till tomorrow. The court thus adjourned the matter to tomorrow and directed it be placed as a first item before it.

The court took note of the order passed on 16th December 2021 in a case title Nihila PP Vs Medical Counselling Committee wherein it took note of DGHS’ modified scheme of counselling  according to which

“a) There will be 04 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 tothe respective States after the completion of Round 2 of AIQ will continue to be filled in the AIQ MopUp 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 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”

The court noted that the centre has stated that on 15th March 2022, DGHS received letters regarding inclusion of new seats, as a consequence of which 146 seats became available. The 146 seats must be allotted but not available for distribution when the counselling took place either in round 1, 2 of AIQ therefore did not have the opportunity to apply for these seats. The court noted that a decision was taken that the new 146 seats would be included in mop up, 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: Dr. Keerthana Vs MCC & a batch of matters.