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NEET-SS 2021 : Supreme Court Issues Notice On Plea Challenging Criteria Which Allows Candidates From Any Discipline To Apply For DM(Medical Genetics)
Shruti Kakkar
1 Oct 2021 7:04 AM GMT
The Supreme Court on Friday issued notice on a writ petition which challenges the eligibility criteria to the course of Doctorate of Medicine ("DM") Medical Genetics prescribed in the Schedule to PG Medical Education Regulations 2000 since it allows post graduates from every medical discipline to apply for the course of DM Medical Genetics and Doctorate of National Board (DrNB)...
The Supreme Court on Friday issued notice on a writ petition which challenges the eligibility criteria to the course of Doctorate of Medicine ("DM") Medical Genetics prescribed in the Schedule to PG Medical Education Regulations 2000 since it allows post graduates from every medical discipline to apply for the course of DM Medical Genetics and Doctorate of National Board (DrNB) Medical Genetics.
A bench comprising Justices DY Chandrachud and BV Nagarathna issued notice returnable within two weeks on the writ petition filed by the Society Of Indian Academy of Medical Genetics which is a body of experts in the field of Medical Genetics in India.
The petition also challenges the Information Bulletin/Prospectus of NEET SS 2021 dated August 31, 2021 published by the National Board of Examinations to the extent it includes aspirants from broad specialities to apply for the course of DM/DrNB(Medical Genetics).
Advocate Sudhanshu S Chaudhari, appearing for the petitioner, argued that the the NEET-SS eligibility criteria is opposed to the Guidelines prescribed by the National Medical Commission which only entitles the applicants from three clinical disciplines viz Medicine, Pediatrics and Obstetrics- Gynecology to apply for DM/DrNB(Medical Genetics).
The counsel also pointed out that premier institutes like AIIMS and PIGMER, Chandigarh allows admissions to DM/DrNB(Medical Genetics) only from the above said three disciplines.
During the hearing, the bench asked the counsel if the Delhi High Court had not dismissed a similar petition filed by the petitioner earlier.
The counsel clarified that it was dismissed on the ground that it was filed as a Public Interest Litigation and the dismissal was not on merits.
When the bench further asked the counsel why the petitioner is not approaching the High Court, he replied that the Supreme Court is already considering challenge to the NEET brochure in another matter.
Explaining the crux of the challenge, Advocate Choudhari submitted :
"Earlier, the course was only confined to 3 courses. The respondents are doing something that they dont believe. As per the NMC guidelines, there are only 3 courses wherein the students from medical genetics can apply. Now they've allowed it for everybody. Someone who has nothing to do with this course, for example, someone who has done PG in anotomy or biology will not be able to treat the patients. Guidelines prescribed by the National Medical Commission which only entitles the applicants from three clinical disciplines viz Medicine, Pediatrics and Obstetrics- Gynecology to apply".
Following this, the bench issued notice. In the order issuing notice, the bench recorded the submissions raised by the petitioner.
Details of the petition :
The Society has argued that the current eligibility criteria is contrary to the NMC Guidelines 2021, directions of the Oversight Committee (OC) constituted by the Top Court in Modern Dental College and Research Centre and Ors v State of Madhya Pradesh and Ors (Civil Appeal No 4060 of 2009), Post Graduate Committee of the erstwhile Medical Council of India, and opinion of specialists adept in the field of Medical Genetics.
It has also been averred that the impugned eligibility criteria allows applicants who have pursued MD(Doctor of Medicine) /MS( Master of Surgery) /DNB (Diplomate of National Board) in any discipline to apply for the highly clinical course of Medical Genetics, whereas the recommended eligibility is limited to those who have pursued post graduate degrees in General Medicine, Pediatrics or Obstetrics & Gynecology.
"The premier institutes in the country viz All India Institute of Medical Sciences (AIIMS), Post Graduate Institute of Medical Education & Research(PGI), Chandigarh, who conduct their own entrance tests for selection to the same course, allow the applicants only from specific clinical disciplines, hence the distinction in eligibility by the MCI/NMC, and the PG Regulations, 2000 (reiterated in Draft Regulations,2021 and NEET-SS 2021-2022) is totally irrational, arbitrary, have no reasonable basis, hence contravenes Article 14," petition states.
Contention that allowing those from non clinical disciplines and relaxing the criteria is contrary to the interests guaranteed under Article 21 has been put forth to aver that the same is arbitrary and deserves to be declared so.
The petitioners have also stated in their petition that the Society had even approached the Delhi High Court by way of a writ petition which was disposed of on August 21, 2020 on the ground that the Society irrespective of being the only representative society of Medical Geneticists in the country did not have any locus.
The Society has also sought for a relief of staying the effect, operation and implementation of the Information Prospectus of NEET SS 2021 dated August 31, 2021 for the admissions to the course of DM/DrNB (Medical Genetics) to the extent it allows applicants from any medical discipline other than Medicine. Obstetrics-Gynaecology and Pediatrics during the pendency and final disposal of the petition. Prayer for issuance of directions to the Respondents (Union of India, National Medical Commission and National Board of Examination) to appoint expert member from Medical Genetics (with a DM/DrNB qualification) on any committee established to decide upon any issue related to the specified medical field has also been made in the petition.
Case Title: Indian Society for Medical Genetics v. Union of India and Ors|W.P.(C) No. 1037/2021
Click Here To Read/ Download Order
