NEET-PG Counselling - Round 2 Seat Will Be Lost Only If Candidate Joins Special Round Seat : Supreme Court Clarifies MCC FAQ

In the NEET-PG Counselling matter, the Supreme Court on Tuesday clarified that a candidate will lose the seat allotted in Round-2 of All India Quota Counselling only if she joins a seat allotted in the Special Round for the newly added 146 seats.The Court clarified the Frequently Asked Questions(FAQ) list issued by the Medical Counselling Committee for the Special Round. As answer to FAQ Number 2, the MCC had stated "If you are allotted a seat in Special Round you will have no claim on the earlier /old seat".A contempt petition was filed against the FAQ alleging that it was contrary to the Court's order passed on March 31. It was submitted that mere allotment of seat in the Special Round should not result in the loss of seat allotted in Round 2.A Bench comprising Justices DY Chandrachud, Surya Kant and Bela M Trivedi clarified that FAQ No.2 should mean as if a candidate is allotted and have joined the seat allotted in Special Round, the old seat will be lost. The Bench stated so based on a clarification made by Additional Solicitor General Aishwarya Bhati.The Bench stated in the order as follows :"On 2nd April, a notice was issued by the DGHS of Union Govt. The notice sets out FAQ's with answers. During the course of hearing, it has been Clarified that the last sentence to FAQ 2 above should correctly read as follows, "IF YOU ARE ALLOTTED AND HAVE JOINED A SEAT IN SPECIAL ROUND YOU WILL HAVE NO CLAIM IN OLD SEAT"In the contempt petition, the petitioner had also assailed FAQ number 4 issued by DGHS which deals with forfeiture of old seat if a person joins a seat allotted in the Special Round.FAQ 4 reads as follows :Q.No.4 What happens to my eligibility in Mop Up Round if I don't join the new allotted seat in Special Round and decide to go with Forfeiture of Fees ?Ans: If you are allotted a seat in Special Round and you don't join the allotted seat then you will fall in Exit with Forfeiture category. Your Security Deposit will get forfeited and you will have to Register again with payment of requisite fees in Mop Up Round of PG Counsellling. However, once you join the seat allotted to you in Special Round, you will not be able to resignSenior Advocate Rakesh Khanna had submitted that DGHS was creating confusion by saying forfeiture which means that they will come to round 1 and they will be entitled to join mop up round."Upto round 1 there is a free exit. After round 1 if you join, there is no free exit," ASG Aishwarya Bhati said while saying that if a candidate does not take the seat allotted in special round, there will be reversion to round 2.Justice Chandrachud said, "If you're allotted and then you yet don't take the seat, then there is no free exit. You go back to the seat allotted in round 2. It's very clear."The Bench said that there was no ground for contempt.It may be noted that the bench headed by Justice DY Chandrachud on March 31, 2022 had directed the holding of a Special Round of Counseling for the 146 seats and has allowed students who have joined the AIQ or the State Quota in Round 2 to participate in this round for 146 seats. The authorities were directed to invite options from students within 24 hours of issuing the fresh notification and complete the process within 72 hours after the cut-off time for giving options. After that, the authorities should hold a mop up round, and endeavor to complete the same within 72 hours.The Court has also upheld the March 16 advisory which prevents students who have taken seats in State Quota after Round 2 from participating in the Mop-Up. Click Here To Read/Download Order

NEET-PG Counselling - Round 2 Seat Will Be Lost Only If Candidate Joins Special Round Seat : Supreme Court Clarifies MCC FAQ

Shruti Kakkar

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