NEET-PG 2025 | 'Our Conscience Must Be Satisfied' : Supreme Court Asks NBEMS To Explain Reasons To Reduce Qualifying Percentile

The Supreme Court on Friday asked the National Board of Examination in Medical Sciences (NBEMS) to file an affidavit explaining the reason behind the reduction of qualifying cut-off percentiles for NEET-PG 2025-26.

A bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe was hearing pleas challenging the notice dated January 13 issued by the NBEMS reducing the qualifying cut-off percentiles.

During the hearing, Justice Narasimha observed that the issue involves competing considerations which are required to be balanced. “On the one hand we have this competing value to protect that seats should not go to waste. At the same time there is a pressure that candidates are not coming so please reduce the cut off,” he said. He added, “Then argument will be that the standards are being lowered and the counter argument is that seats are going waste. So somewhere there has to be a balance.”

The bench indicated that the Court would examine whether the decision taken was “drastically wrong”. He said, “Our conscience has to be satisfied that there is no devious reason, that's all.”

The impugned notice dated January 13, 2026 reduced the minimum qualifying percentile cut-off for counselling of the third round of NEET-PG 2025-26 for various categories.

As per the notice, the qualifying cut-off for General/EWS candidates was reduced from the 50th percentile (276 marks out of 800) to the 7th percentile (103 marks). For General PwBD candidates, it was reduced from the 45th percentile (255 marks) to the 5th percentile (90 marks). For SC/ST/OBC candidates, including PwBD candidates in those categories, it was reduced from the 40th percentile (235 marks) to the 0th percentile (minus 40 marks).

Today, Senior Advocate Gopal Sankarnarayanan for the petitioners, relied on applicable regulations which state that if sufficient number of candidates in the respective categories fail to secure minimum marks as prescribed, the Central Government in consultation with the National Medical Commission may at its discretion lower the minimum marks. He submitted, “So the test is you should not have enough number of candidates.”

He pointed out that approximately 80,000 seats are available while over 1,28,000 candidates fall within the qualifying percentiles of various categories, i.e., the 50th, 45th or 40th percentiles. “So let them answer that. You cannot go all the way down to minus 40 (marks) which means if they didn't sit for the exam they will be in a better position,” he said.

Sankarnarayanan argued that standards ought to be stricter at the postgraduate level. “In fact Preeti Srivastava judgment says higher standards for higher levels, not lesser,” he submitted.

The Court asked the NBE to file an affidavit explaining the reason behind the decision to reduce the qualifying percentile.

On Wednesday, the Court had issued notice on the petition challenging the January 13 notice reducing the qualifying cut-off percentiles for NEET-PG 2025-26.

According to the petition, the cut-off has been lowered to abnormally low levels, including zero and negative marks. The petitioners contend that the reduction of qualifying standards for postgraduate medical education is arbitrary and violates Articles 14 and 21 of the Constitution.

They submit that lowering the cut-off compromises patient safety, public health and the integrity of the medical profession.

The petition further contends that dilution of merit at the postgraduate level runs contrary to the statutory mandate of the National Medical Commission Act, 2019.

Case no. – W.P.(C) No. 136/2026 and connected matters

Case Title – Harisharan Devgan v. Union of India and connected matters