Case Note & Summary
The Supreme Court dismissed a group of writ petitions and special leave petitions seeking a direction to the Medical Counselling Committee to conduct a Special Stray Round of counselling for NEET-PG-2021 to fill 1456 vacant seats. The petitioners, who were unsuccessful candidates in the earlier rounds, argued that the wastage of seats was against public interest and that they were ready to take admission. They contended that additional rounds had been conducted earlier due to glitches, and that the seats could be filled without affecting the academic calendar. The Union of India and the Medical Counselling Committee opposed the plea, stating that nine rounds of counselling (four each for All India Quota and State Quotas, plus one additional round) had already been conducted, and that approximately 1100 of the vacant seats were in non-clinical courses which are typically unwanted every year. They argued that the software was closed, security deposits refunded, and the admission process for NEET-PG-2022 had begun. The Court held that the counselling process cannot be endless and that the decision not to conduct another round was a conscious policy choice. It noted that the vacant seats were largely no-taker seats and that further counselling would not fill them. The Court also emphasized that medical education cannot be compromised by delayed admissions, especially since more than a year of the three-year PG course had already passed. Consequently, the petitions were dismissed, and no direction was issued for a special stray round.
Headnote
A) Medical Education - NEET-PG Counselling - Special Stray Round - Petitioners sought direction to conduct a Special Stray Round for 1456 vacant seats after nine rounds of counselling for NEET-PG-2021 - Court held that counselling process cannot be endless and no interference warranted as policy decision not to conduct additional round was conscious and reasonable - Held that wastage of seats alone is not a ground to direct further counselling (Paras 1-9).
B) Medical Education - Vacant Seats - Non-Clinical Courses - Approximately 1100 of 1456 vacant seats were in non-clinical courses which are no-taker seats every year - Court noted that such seats remain vacant annually and additional round would not fill them - Held that no direction can be issued to fill seats that are inherently unwanted (Paras 8-9).
C) Medical Education - Timelines - Admission Process - NEET-PG-2022 counselling was scheduled to begin in July 2022 and software for NEET-PG-2021 was closed - Court held that conducting another round would delay the next academic year and compromise medical education - Held that the decision to not conduct a special round was justified (Paras 8-9).
Issue of Consideration
Whether the Medical Counselling Committee should be directed to conduct a Special Stray Round of counselling to fill 1456 vacant seats remaining after nine rounds of counselling for NEET-PG-2021.
Final Decision
The Supreme Court dismissed all the writ petitions and special leave petitions, refusing to direct the Medical Counselling Committee to conduct a Special Stray Round of counselling for NEET-PG-2021.
Law Points
- Counselling process cannot be endless
- Wastage of seats not a ground for additional round
- No interference with policy decision after multiple rounds
- Medical education cannot be compromised by delayed admissions
Case Details
Writ Petition (C) No. 409 of 2022, Writ Petition (C) No. 393 of 2022, Special Leave Petition (C) No. 10395 of 2022, Special Leave Petition (C) No. 10539 of 2022
Rachna Shrivastava, A.D.N. Rao, Avijit Mani Tripathi, Kunal Cheema, Balbir Singh, Gaurav Sharma
Dr. Astha Goel and Ors., Dr. Atharv Tungatkar and Ors., Dr. Nikhil Arora, Dr. Khundongbam Chetan
The Medical Counselling Committee & Ors., The Medical Consulting Committee & Ors., Union of India & Ors.
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Nature of Litigation
Writ petitions under Article 32 of the Constitution of India and special leave petitions against High Court orders, seeking direction to conduct a Special Stray Round of counselling for NEET-PG-2021.
Remedy Sought
Direction to the Medical Counselling Committee to provide exact number of vacant seats after stray vacancy round and to conduct a Special Stray Round of counselling to fill those seats.
Filing Reason
Approximately 1456 seats remained vacant after nine rounds of counselling for NEET-PG-2021, and the petitioners, who had participated in earlier rounds without success, sought an additional round to be considered for those seats.
Previous Decisions
The respective High Courts dismissed the writ petitions filed by the petitioners in Special Leave Petitions (C) No. 10395 of 2022 and 10539 of 2022.
Issues
Whether the Medical Counselling Committee should be directed to conduct a Special Stray Round of counselling to fill 1456 vacant seats remaining after nine rounds of counselling for NEET-PG-2021.
Whether the wastage of seats justifies an additional round of counselling despite the closure of the admission process and the commencement of NEET-PG-2022 counselling.
Submissions/Arguments
Petitioners argued that 1456 vacant seats should not go waste; they are ready to take admission; additional rounds were conducted earlier due to glitches; many seats are clinical; non-joining and resignation caused vacancies; closing software is unjustifiable; refund of security deposit is not a ground to deny counselling; NEET-PG-2021 and 2022 candidates are different; admission now would not affect education as classes started late.
Respondents argued that nine rounds of counselling already held; 1100 seats are non-clinical no-taker seats; software closed and security deposits refunded; NEET-PG-2022 counselling to begin in July 2022; endless counselling not feasible; medical education cannot be compromised; similar issue decided in Education Promotion Society for India case.
Ratio Decidendi
The counselling process cannot be endless; after nine rounds of counselling, the decision not to conduct an additional round is a conscious policy choice that does not warrant interference. Wastage of seats alone is not a ground to direct further counselling, especially when the vacant seats are largely no-taker seats and the admission process for the next academic year has begun.
Judgment Excerpts
As common question of law and facts arise in this group of writ petitions/special leave petitions, they are being disposed of by this common order.
After the nine rounds of counselling when some of the seats have remained vacant and considering the fact that the PG courses (clinical) is three-years course, out of which, for whatever reason, more than one year had gone and there cannot be any compromise so far as the Medical Education is concerned...
The identical question came to be considered by this Court in the case of Education Promotion Society for India and Anr. Vs. Union of India and Ors., (2019) 7 SCC 38.
Procedural History
The petitioners filed writ petitions under Article 32 before the Supreme Court and special leave petitions against orders of respective High Courts dismissing their writ petitions seeking a Special Stray Round of counselling for NEET-PG-2021. The Supreme Court heard all matters together and dismissed them by a common order.
Acts & Sections
- Constitution of India: Article 32
