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 the 1456 seats that remained vacant after the completion of nine rounds of counselling for NEET-PG-2021 admissions. The petitioners, who were unsuccessful candidates in the earlier rounds, argued that the vacant seats should not go waste and that they were willing to take admission. They contended that additional rounds had been conducted in the past due to glitches and that the closure of the software should not prevent filling the seats. The Union of India and the Medical Counselling Committee opposed the petitions, submitting that after nine rounds of counselling, a conscious decision was taken not to conduct another round as the seats were mostly non-clinical and had no takers every year. They also highlighted that the academic year was already advanced and the admission process for NEET-PG-2022 had begun. The Court, relying on the precedent in Education Promotion Society for India v. Union of India, held that there cannot be endless counselling and that the decision not to conduct an additional round was reasonable. The Court noted that out of 1456 vacant seats, approximately 1100 were non-clinical and usually remain vacant, and that even if a special round were conducted, the seats would likely remain unfilled. The Court also considered that the PG courses are three-year courses and more than one year had already passed, making further admissions impractical. Consequently, the Court dismissed all the petitions and special leave petitions, refusing to interfere with the policy decision.
Headnote
A) Medical Education - Counselling Process - No Right to Endless Counselling - Constitution of India, Article 32 - Petitioners sought direction to conduct Special Stray Round for 1456 vacant seats after nine rounds of counselling for NEET-PG-2021 - Court held that after nine rounds, a conscious decision not to conduct further round is reasonable and cannot be interfered with - Held that there cannot be endless counselling till all seats are filled (Paras 8-9).
B) Medical Education - Vacant Seats - Non-Clinical Seats - No Taker Seats - Petitioners argued wastage of seats - Court noted that approximately 1100 out of 1456 vacant seats are non-clinical and usually remain vacant every year as no takers - Held that even if additional round is conducted, seats are bound to remain vacant (Para 8.1).
C) Medical Education - Timely Admissions - Academic Year - NEET-PG-2021 - Court considered that PG courses are three-year courses and more than one year had already passed - Held that there cannot be any compromise on medical education and admission process for NEET-PG-2022 had already begun (Para 8.1).
Issue of Consideration
Whether the Medical Counselling Committee should be directed to conduct a Special Stray Round of counselling for the 1456 seats remaining vacant after nine rounds of counselling for NEET-PG-2021 admissions.
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 the 1456 vacant seats for NEET-PG-2021.
Law Points
- No right to endless counselling rounds
- Medical education cannot be compromised by delayed admissions
- Seats remaining vacant due to lack of takers cannot be forced to be filled
- Policy decision not to conduct additional round is reasonable
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 vacant seats.
Remedy Sought
Petitioners sought a writ of mandamus directing the Medical Counselling Committee to provide the exact number of vacant seats after the stray vacancy round and to conduct a Special Stray Round of counselling to allow them to participate for the vacant seats.
Filing Reason
Petitioners, who participated in all rounds of counselling for NEET-PG-2021 but could not secure admission, sought to fill the 1456 seats that remained vacant after nine rounds of counselling.
Previous Decisions
The respective High Courts dismissed the writ petitions filed by the petitioners seeking similar relief, leading to the special leave petitions.
Issues
Whether the Medical Counselling Committee should be directed to conduct a Special Stray Round of counselling for the 1456 seats remaining vacant after nine rounds of counselling for NEET-PG-2021 admissions.
Whether the decision not to conduct an additional round of counselling is reasonable and justified.
Submissions/Arguments
Petitioners argued that 1456 vacant seats would go waste, candidates are ready to take admission, additional rounds were conducted earlier due to glitches, and the seats include clinical seats. They submitted that the software can be reopened and that candidates for NEET-PG-2021 cannot switch to NEET-PG-2022.
Respondents (Union of India and Medical Counselling Committee) argued that after nine rounds, a conscious decision was taken not to conduct another round as most seats are non-clinical and have no takers every year. They submitted that the academic year is advanced, NEET-PG-2022 process has begun, and there cannot be endless counselling.
Ratio Decidendi
There cannot be endless counselling rounds until all seats are filled. After nine rounds of counselling, a conscious decision not to conduct an additional round is reasonable and cannot be interfered with. The seats remaining vacant are mostly non-clinical and have no takers every year, so even an additional round would not fill them. Medical education cannot be compromised by delayed admissions, especially when the academic year is advanced and the next year's admission process 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...
There cannot be endless exercise of conducting counseling one after another till all the seats are filled in.
Procedural History
The petitioners initially filed writ petitions before the Supreme Court under Article 32 (W.P. (C) No. 409/2022 and W.P. (C) No. 393/2022) and special leave petitions (SLP (C) No. 10395/2022 and SLP (C) No. 10539/2022) against the orders of the respective High Courts dismissing their writ petitions seeking a direction to conduct a Special Stray Round of counselling for NEET-PG-2021 vacant seats. The Supreme Court heard all matters together and dismissed them by a common order.
Acts & Sections
- Constitution of India: Article 32
