How NEET-MDS Admissions For 2021-22 Were Carried Out Beyond November 20 Deadline? Supreme Court Asks Karnataka

The Supreme Court on Wednesday required the state of Karnataka to explain the circumstances in which it carried out admissions for PG courses in MDS for the 2021-22 session beyond the deadline of 20 November 2021. The bench of Justices D. Y. Chandrachud and A. S. Bopanna was hearing the writ petition by Maratha Mandals Nathajirao G. Halgekar Institute Of Dental Sciences and Research Centre and others, inter alia, praying for extension of the last date from 20.11.2021 upto 30.01.2022 for making admissions to PG MDS course in institutions for academic year 2021-22 by following the NEET merit list. By Order dated 03.01.2022, the Court had inter alia observed that:"In the above backdrop, it has been submitted that in view of the stipulation which is contained in the communication of MoHFW dated 12 November 2021 (Annexure P-2), a response may be from the Union of India on the position as it would obtain in regard to the admissions which have been carried out during the first and second rounds of counselling, beyond the cut-off of 20 November 2021."Limited only to the above issue, we direct that notice be issued to the State of Karnataka, the Union of India and the Dental Council of India"."We direct the Secretary, Medical Education of the State Government to file an affidavit explaining the circumstances in which the State of Karnataka breached the deadline of 20 November 2021. The affidavit shall be filed within a period of one week. The Union of India and Dental Council of India may also file their affidavits in the meantime", the bench ordered.The case will be next heard on Janaury 21.Also listed on Wednesday was an application for intervention by candidates who have registered for the NEET-MDS 2021 counseling after the due announcement of the date of counseling- "The Applicants have been duly allocated the seats as per their rank in the NEET-MDS 2021- 22 examination. However, on and around 01.01.2022, it came to the knowledge of the Applicants that the captioned writ petition is being filed with respect to the extension of the last date from 20.11.2021 upto 30.01.2022 for making admissions to PG MDS course in institutions for academic year 2021-22 by following the NEET- MDS merit list. That considering the delay in commencement of counseling, the Applicants on multiple occasions had written to the Respondent No. 3 (government of Karnataka) conveying their concerns regarding delay in counseling schedule. However, there was no reply from the Respondent No. 3 on any of the representations. That the seats were allocated after duly following the procedure and as per the rank allocated to the Applicants. However, any delay on part of the Respondent No. 3 in taking out the counseling schedule should not hamper the interest of the Applicants as they are victims of circumstances without any fault on their part", the applicants urged.On Wednesday, the bench observed that in its order dated 3 January 2022, the Court has noted that though the deadline for completing admissions for PG courses in MDS for the 2021-22 session was extended from 10 November 2021 to 20 November 2021 by the Union Ministry of Health and Family Welfare and that the Dental Council of India adopted a similar deadline, the State of Karnataka carried out the first round of counselling between 4 and 18 December 2021, while the second round of counselling was carried out between 18 and 30 December 2021. Admissions have been made beyond the cut-off date.The bench further recorded that Mr Shyam Divan, senior counsel appearing on behalf of the petitioner institutions, has submitted that the state of Karnataka was exclusively entrusted with the responsibility of conducting counselling, there being no other modality for completing admissions and it was the state itself which delayed the process and carried out admissions beyond the deadline fixed by the Union Government. It has been submitted that 633 students have been admitted by the state of Karnataka albeit beyond the cut-off date and if these admissions are not regularised at the present stage, the colleges in the State of Karnataka will have no students for three years.The bench noted that Mr K M Nataraj, Additional Solicitor General appearing on behalf of the Union of India, and Mr Gaurav Sharma, counsel appearing on behalf of the Dental Council of India, on the other hand, have submitted that the state of Karnataka was aware of the fact that the cut-off date was extended only till 20 November 2021. It has been submitted that the classes have already begun and there would be no occasion to extend the deadline. Mr Nikhil Goel, AAG, has appeared on behalf of the State of Karnataka.The bench recorded that the state of Karnataka has not moved any application or proceeding before this Court though admittedly on 21 December 2021, its representation for extension of time was rejected by the Union Government."In these circumstances, we find it necessary that the State of Karnataka must explain the...

How NEET-MDS Admissions For 2021-22 Were Carried Out Beyond November 20 Deadline? Supreme Court Asks Karnataka

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