[INI CET Examination] Supreme Court Issues Notice In Plea For Defined Criteria For Arriving At Seat Matrix For Institutional Preference Candidates

The Supreme Court today issued notice in a writ petition seeking for a defined criteria for arriving at seat matrix for the institutional preference candidates in INI-CET examination.

The bench of Justices LN Rao, BR Gavai and BV Nagarathna while issuing notice made it clear that no order shall be passed for admission to INI CET Exam for the current session.

Courtroom Exchange

When the matter was called for hearing, Justice LN Rao the presiding judge of the bench while referring to the roster followed by JIPMER, Puducherry asked Senior Advocate Siddharth Luthra appearing for the petitioners to make a representation to the Government.

"If JIPMER is following some roster, why don't you write to the Government. Government can make a decision. Who is the authority to take a call on this?," Justice Rao said.

Senior Advocate Siddharth Luthra while clarifying that although the exam was central but all were independent bodies submitted that roster system would enable the students to not only get the seats with quota but also the desired course.

"As a result of the roster system what happens is we get seats normally not with the quota but also the course. The problem is in its enforcement. if they don't have a roster system they will not get the seats or if they get the seats they will not get the courses. It should be like JIPMER", Senior Counsel further added.

On getting an answer in affirmative that the exam for this session had already been conducted, the bench while again asking Senior Counsel to make a representation to the Government said,

"What can be done at this stage? If the exam has been conducted. You are saying that institutional preference has been given to you, it will be a mirage. Nothing will happen."

"We are just saying that the defined criteria for institutional preference should be given an effect, Senior Counsel submitted.

On remarks made by the bench that, "If you're given a roster, then you'll be getting the seats on marks above you," Senior Counsel submitted that a defined criteria for arriving at a seat matrix, would not only apply to the petitioners but to every student.

"Not this year Mr Luthra. They must have already started the process. If we take this up, everything will be disturbed. Whatever benefit you will get will be at the detriment to others. It's too late," the bench remarked.

Senior Counsel at this juncture referred to the Schedule of Online Seat Allocation for Admission to PG Courses of INI's for January 2022 session dated November 30, 2021 and said,

"If your lordship takes it up, we'll have a chance. Institution has to put a mechanism in place. It will be a six month exam, we may have to come again."

The bench on Senior Counsel's submission thereafter issued notice returnable within 4 weeks but made it clear that no order shall be passed for admission to INI CET Exam for this session.

Details Of The Petition

The petition also seeks to provide for roaster wise/ discipline wise seat allocation for institutional preference candidates who seek admission via INI CET examinations.

It has been argued that by not having a defined mechanism for seat allocation to the students coming from the Institutional preference route is causing hardship as they are not able to secure seats in the desired/sort after disciplines and that even when the students are eligible they are deprived of the institutional preference.

The petition has been preferred by a registered association of Students of AIIMS Bhopal who are agitating the cause on behalf of candidates of INI-CET examination and other Petitioners are candidates who have appeared/prospective candidates for INI CET examination.

It has been averred that except for JIPMER Puducherry which clearly provides for roster system for allocation of seats to two sources of admissions i.e. institutional preference candidates and others along with relevant reservations, no other INIs (including AIIMS) provides for how seats will be allotted.

"It is interesting to note that even in NEET PG there is institutional preference prevailing. That the information Bulletin for NEET PG clearly provides institution preference and roster point/discipline wise seat matrix for institutional preference candidates as well," the plea further states in this regard.

Reliance has been placed on the Top Court's judgements in Saurabh Chaudri v. Union of India, (2003) 11 SCC 146 and Yatinkumar Jasubhai Patel v. State of Gujarat, (2019) 10 SCC 1 to aver that the mechanism for allotment of seats to the students coming from institutional preference route is not specified and hence the students are losing on their preferred discipline.

"By not having a defined criteria for arriving at the seat matrix for the institutional preference candidates is causing hardship to the candidates as they are not able to secure seats in sort after disciplines. In utter disregard to their fundamental rights, the candidates are denied of 50% seats in NEET-PG which are allocated to them through institutional reservation criteria," the plea states.

The petitioners have further contended that as per the record of seat matrix of INI CET examination conducted in July 2021, only 4 seats of AIIMS Delhi were allotted under institutional preference, which amounted to merely 1.87% percent.

In light of the above, it has further been averred that it is imperative for directing the Respondents to provide the exact distribution of seats as to how the 50% criteria for institutional preference is met by them and to strictly adhere to the 50% criteria for institutional preference.

The petitioners were represented by Senior Advocate Siddharth Luthra assisted by Dubey Law Associates and the petition was filed through Advocate Charu Mathur.

Case Title: Students Association AIIMS Bhopal & Ors. v. All India Institute of Medical Sciences & Ors.| WP (Civil) 1329/2021

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