26 May 2022 2:34 PM GMT
The Kerala High Court on Wednesday issued an interim direction to the Director General of Health Services and Medical Counselling Committee (MCC) to conduct a fresh mop up counselling for the seat of DM Neurology lying vacant in the Kottayam Medical College. This seat had become vacant due to the resignation of a student who had already joined based upon the first round of counselling on...
The Kerala High Court on Wednesday issued an interim direction to the Director General of Health Services and Medical Counselling Committee (MCC) to conduct a fresh mop up counselling for the seat of DM Neurology lying vacant in the Kottayam Medical College.
This seat had become vacant due to the resignation of a student who had already joined based upon the first round of counselling on getting admission to AIIMS New Delhi within a week.
Justice N. Nagaresh issued the interim order finding that the Supreme Court had recently ruled that the mop up round for All India Quota shall be held for all vacancies in super speciality seats provided they had not joined a seat under the earlier round.
"In the facts of the case, there will be an interim order directing respondents 1 and 2 to conduct a mop up counseling for the seat of DM (Neurology) available in the Government Medical College, Kottayam. It shall be done within a period of one week. This interim order will be provisional and subject to further orders of this Court"
This is the first order issued by a High Court in the country to conduct fresh mop up counselling for NEET Super Speciality Courses.
A candidate who secured admission in DM (Neurology) in Kottayam Government Medical College based upon his rank in the NEET SS exam on securing the first rank in INI-SS Examination resigned on 16.05.2022 and joined AIIMS, New Delhi. Thereby, this seat became vacant.
The petitioner then moved the Court seeking a direction to the Kottayam Government Medical College to report the vacancy that arose due to the resignation of a candidate for DM (Neurology). The plea had also sought this vacancy to be reported to the Director General of Health Services and MCC.
Finally, it was also prayed that MCC be directed to conduct mop-up counselling for the said vacancy of DM (Neurology) at Kottayam Medical College pending disposal of the writ petition so that the petitioner can participate in the mop-up counselling.
The petitioner was represented by Advocate Deepu Thankan, Ummul Fida, Lakshmi Sreedhar, R. Rajanandini Menon and Shahnas K.P.
The Central Government Counsel opposed interim relief and pointed out that the petitioner had not exercised the option for the said seat. However, the Judge noted that this cannot be a reason not to fill up a seat in a Super Speciality Course of DM (Neurology).
The Court noted that as per the directions of the Supreme Court on May 9, 2022, the mop up round for the All India Quota shall be held for all the unfilled/stray/vacancies super speciality seats subject to the condition that any doctor who has joined a seat under earlier round shall not be eligible for participating in the mop up round and that since the mop up round is being held, a suitable extension of time may be granted for completing the admission.
Justice Nagaresh found that the petitioner herein was not a candidate who had joined a seat in the earlier round and therefore was qualified to participate in the mop up round.
Since the said seat was not included in the mop up round, the Court found that in the ordinary course, going by the directions of the Apex Court, it ought to have been included in the mop up round. As such, the interim order was issued.
Case Title: Dr. Parvathy S v. Director General of Health Services & Ors.
Citation: 2022 LiveLaw (Ker) 243
Click Here To Read/Download The Interim Order