NEET PG Aspirants have approached Supreme Court seeking to exit from the seats already joined pursuant to the 2nd round of counseling in the All India Quota of the counseling process without paying the huge amount of penalty.
The writ petition was listed before the bench of Justices LN Rao and BR Gavai but the bench on Monday directed the petitioners to mention the same before the bench headed by Justice Chandrachud.
Senior Advocate Siddharth Luthra along with Advocates Anmol Kheta, Tanya Srivastava , Raghav Sharma , Mitali Gupta appeared for the petitioners and the petition was filed through Advocate Salvador Santosh Rebello.
It was argued in the petition that imposition of such penalty on a student who seeks an immediate exit from a seat joined, without actually and factually working thereunder, or those who have recently joined, is arbitrary and in violation of Article 14 and Article 21 of the Constitution of India.
"Respondent States levy such huge and hefty penalties under a fallacious pretext that if a candidate is permitted to exit or leave a seat after joining the same goes waste and therefore the aforesaid hefty penalty is levied. However, it is submitted that such seats can always be put up in the stray round and / or any special round of counseling and / or in the subsequent NEET – PG counseling," the petition stated.
The plea further stated that if the states do not impose penalties, the said Seat would not go waste as the same can be put up in the stray round and / or any special round of counseling and / or in the subsequent NEET – PG counseling.
Against this backdrop it was further argued that, "The said seat can always be put up in the next rounds i.e NEET PG 2022 – 2023, and or the subsequent exam proposed to be conducted in the month of May 2022. Imposing of huge, hefty penalties are arbitrary and harsh on the students who desire to avail the best seats for advancing their medical career and serve the nation and humankind."
Petitioners in the plea have further sought for directing the candidates who desire to resign and or vacate the seat joined pursuant to the 2nd round of counseling be permitted to exit without having to pay any penalty and allocating the vacant seats to the stray round and / or any special round of counseling and / or in the subsequent NEET – PG counseling.
Case Title: Dr. Patil Akshay Pandharinath & Ors. V. The Medical Counselling Committee (MCC) & Ors.| Writ Petition (Civil) No. 329 Of 2022