Nihila P.p. Petitioner(s) v. Medical Counseling Committee (mcc) And Others (s)., Supreme Court Of India, Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

citation codes

Case Number

Petition(s) for Special Leave to Appeal (C) No(s). 10487/2021, WA No. 1692/2020, W.P.(C) No. 820/2021 (X), IA No. 89275/2021 and IA No. 150012/2021‡

Disposition

Judges

Justice Bhushan Ramkrishna Gavai
Justice B.V. Nagarathna
Justice L. Nageswara Rao

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Smart Summary

Factual and Procedural Background

On 03 December 2021 the Medical Council Committee (MCC) of the Directorate General of Health Services (DGHS), Ministry of Health and Family Welfare, together with the Union of India, filed an affidavit before the Court in connection with a special leave petition and a writ petition relating to admissions under the National Eligibility-cum-Entrance Test (NEET). The affidavit stated that DGHS is the designated authority for counselling in respect of 50 % of the All-India Quota (AIQ) seats contributed by the States. It further informed the Court that, beginning with the 2021-2022 academic year, counselling for both undergraduate and postgraduate NEET seats would follow a newly modified policy providing four rounds of online AIQ counselling. The affidavit detailed the structure of these rounds, registration requirements, rules on up-gradation, resignation restrictions, and forfeiture of security deposits. After considering this submission, the Court proceeded to deal with the matter.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court noted the undertaking given in the affidavit that the modified four-round AIQ counselling scheme would be implemented for NEET UG and PG admissions in the 2021-2022 academic year. In view of this representation, the Court observed that nothing further survived for adjudication. Consequently, the special leave petition, the writ petition, and all pending applications were ordered to be disposed of.

Holding and Implications

DISPOSED OF

The Court’s order brings the litigation to an end and confirms that the new four-round AIQ counselling scheme will govern NEET UG and PG admissions for 2021-2022. The decision operates only on the present petitions and does not announce any broader precedent.

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Nihila P.p. Petitioner(s) v. Medical Counseling Committee (mcc) And Others (s).

1. An affidavit has been filed by Medical Council Committee of Directorate General of Health Services (DGHS), Ministry of Health and Family Welfare and the Union of India on 03.12.2021. It has been stated in the affidavit that DGHS is the designated authority for counselling for 50% All India Quota seats of the contributing States. The competent authority has decided to conduct 4 rounds of All India Quota counseling from the current academic year 2021-2022 for NEET - Under Graduate and Post Graduate as per the modified policy approved by this Court and Government Orders issued from time to time.

2. The proposed modified scheme of online 4 rounds of counselling will be in tune with the prevailing norms of counselling (including the fees and security deposit) being followed for Central Institutes/Universities. The salient points of the scheme are as follows:

“a) There will be 04 rounds of online counselling i.e. AIQ Round I, AIQ Round 2, AIQ Mop-up Round and AIQ Stray Vacancy Round.

b) The seats which were earlier reverted back to the respective States after the completion of Round 2 of AIQ will continue to be filled in the AIQ Mop-Up Round and AIQ Stray Vacancy Round to be conducted by MCC of DGHS, MoHFW in online mode.

c) The said rounds will only be conducted for the AIQ seats having All India character which are contributed by the States for 15% UG seats and 50% PG seats.

d) Fresh registration of candidates will be allowed in:

AIQ Round 1

AIQ Round 2

AIQ Mop-Up Round.

e) There will be no fresh registration for candidates in the AIQ Stray Vacancy Round.

f) There will be an option for upgradation and free exit, only in Round 1 of the AIQ counselling.

g) There will not be an option of upgradation to Mop-up round from Round 2.

h) Candidates who have joined the allotted seat in Round 2 and further rounds of counselling will not be allowed to resign and will also be ineligible to take part in further rounds of any type of counselling.

i) Candidates who have not joined the allotted seat in Round 2 will be eligible for further rounds of counselling subject to forfeiture of security deposit and fresh registration in only mop-up round.

j) The provisions with regard to security deposit, option of free exit and eligibility for participation will be as per the Gazette Notification No. MCI-34(41)/2018-Med./109835 dated 18/05/2018.”.

3. This Court has been informed that the modified schemes shall be implemented for the current year 2021-2022 for admissions to NEET UG and PG.

4. In view of the aforesaid statement made on behalf of MCC, Directorate of Health Services, nothing remains to be adjudicated in the special leave petition and writ petition which are disposed of accordingly. Pending application(s), if any, shall stand disposed of.

Nihila P.p. Petitioner(s) v. Medical Counseling Committee (mcc) And Others (s).

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

Nihila P.p. Petitioner(s) v. Medical Counseling Committee (mcc) And Others (s).

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