NEET PG : Doctor Moves Supreme Court Seeking Permission To Register As NRI Candidate In Counseling

It was stated in the petition that in the fresh round of counseling in the mop-up round of NEET PG 2021 there is no provision to fill the category of candidate as NRI candidate.

The bench of Justices DY Chandrachud and Suyra Kant although did not issue notice in the petition asked the Medical Counseling Committee to submit an affidavit explaining the factual scenario.

"On being served an advance copy of the petition, a week's time is granted to enable the party to explain factual position," the bench said in its order.

Appearing for the petitioner, Advocate Charu Mathur contended that the matter pertained to a NRI candidate who had submitted her documents at the appropriate email ID but her documents were not accepted.

"You file a short affidavit. We're not issuing notice right now. Just tell us what happened," the bench told the MCC counsel.

According to the petitioner, her documents were in accordance with the Top Court's order dated August 22, 2017 in Consortium of Deemed universities in Karnataka (CODEUNIK) & Anr. Vs. Union Of India & Ors. (W.P. (C) No.689/2017). It may be noted that the Top Court in the referred matter had set out criteria for applying under 15% NRI quota for NEET PG as approved by 7 judge bench in PA Inamdar v State of Maharashtra (2005) 6 SCC 537.

"That even the seat matrix released by the Respondents provides for NRI seats," the petition stated.

It was further stated in the petition that, "To the shock and surprise of the Petitioner the Respondent has not given any time for submission of NRI documents for fresh mop-up round. The Petitioner has sent two emails to the officials but they have not responded so far. That even in the canceled mop up round candidates lower in rank than the Petitioner were allotted seats. Since, there is a fresh round of mop-up in the interest of Justice, fairness and equity the Petitioner humbly prays that she may be allowed to join the fresh round of mop-up on NRI seat. That the Petitioner otherwise also fills in all parameters of converting her status to NRI seat."

It may be noted that the Top Court on April 18, 2022 had issued notice in a petition filed by NRI students seeking time for fresh registration in the NRI Quota before commencement of the Mop Up Counseling.

Case Title: Riddhi Tandon v. Medical Counseling Committee (MCC) And Anr.| W.P.(C) No. 281/2022