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NEET-PG : Supreme Court Asks Petitioners Seeking 1:5 Seat To Candidate Ratio In Counselling To Approach High Court

Mehal Jain
13 Dec 2021 6:56 AM GMT
NEET-PG : Supreme Court Asks Petitioners Seeking 1:5 Seat To Candidate Ratio In Counselling To Approach High Court
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The Supreme Court on Monday refused to entertain a writ petition filed seeking directions to the Medical Counselling Committee to follow 1:5 seat to candidate ratio in NEET PG admissions, as directed by the Supreme Court in Anand S Biji vs State of Kerala decision.A bench comprising Justice DY Chandrachud and AS Bopanna suggested that the petitioners move the concerned High Court....

The Supreme Court on Monday refused to entertain a writ petition filed seeking directions to the Medical Counselling Committee to follow 1:5 seat to candidate ratio in NEET PG admissions, as directed by the Supreme Court in Anand S Biji vs State of Kerala decision.

A bench comprising Justice DY Chandrachud and AS Bopanna suggested that the petitioners move the concerned High Court. Following this, Dr.Charu Mathur, the petitioners' counsel, sought liberty to withdraw the petition to approach the High Court.

Accordingly, the petition filed under Article 32 of the Constitution was withdrawn and liberty was granted to the petitioners to approach the High Court under Article 226 of the Constitution.

Court room exchange

"They have done away with the seat ratio in PG. They were following it till 2014. It will have pan India implications", advanced Advocate Charu Mathur for the petitioners.

"You are concerned with in-service reservation of candidates in West Bengal. This is not an all-India issue. Go to the High Court...Whatever we decide in EWS will obviously cover you on the EWS issue. On the in-service candidates reservation, you can move the High Court", Justice D. Y. Chandrachud told.

"Dr Charu Mathur, appearing for the petitioners, seeks permission of the court to withdraw the petition under article 32 in order to enable the petitioners to move the High Court under article 226 of the Constitution. The petition is accordingly dismissed as withdrawn", directed the bench


Details of the petition

The petition refers to Condition 3 stipulated in Anand S Biji v. State of Kerala 2012 13 SCC 713 as, "A total of 5 times of number of seats available for allotment or all qualified candidates whichever is less, will be given chance to participate in online counselling (allotment process)"

It has been argued that the Centre has flouted the condition imposed in Anand S Biji's case as the NEET PG 2021 information bulletin has done away with the ratio of students to seats available who are to be called for counselling.

The petitioners have contended that by flouting the condition, the Centre has made already fierce competition for unreserved category even more competitive.

"It is amusing to note that at one hand Centre is flouting directions of the Top Court and on the other hand they are subjecting results of the exam to the judgements/orders of the Court," the petition states.

While contending that Centre till 2017 adhered to the condition as stipulated in Anand S Biji v State of Kerala, the petitioners have argued that the respondents are "deceitfully" relying on Top Court's order dated May 9, 2017 passed in Dar Us Salam Educational Trust and Others v MCI to justify the exlusion of the seats.

In this regard, the petitioners have further stated that the Dar Us Salam matter was related to rights of minorities in educational institutions and deemed universities and has nothing to do with the filter of ratio of candidates called for counselling as mandated and stipulated by the Top Court in Anand S Biji's case.

The petitioners are represented by Dubey Law Associates and the petition has been filed through Advocate on Record Charu Mathur.

Case Title: Srijani Roy Vs. Medical Counselling Committee (MCC)| W.P.(C) No. 1328/2021

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