Dr. R. Dinesh Kumar Reddy vs Medical Counselling Committee (Mcc)

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISIDCTION

Writ Petition (Civil) No.341/2022

Dr R. Dinesh Kumar Reddy & Ors. …Petitioners

Versus

Medical Counselling Committee (MCC) & Ors ..Respondent(s)

JUDGMENT

Dr Dhananjaya Y Chandrachud, J

1 The jurisdiction of this Court under Article 32 of the Constitution has been

invoked by MBBS graduate doctors who have appeared for the NEET – PG

2021 and have participated in the ongoing counselling process for 2021-

2022. Their grievance pertains to the schedule which has been prescribed

by the National Board of Examinations1 for holding the NEET-PG 2022

examination. The NBE issued a notification on 4 February 2022 by which it

scheduled the NEET-PG 2022 examination on 21 May 2022. The

petitioners seek the issuance of a direction for :

Signature Not Verified Digitally signed by

Sanjay Kumar (i) Quashing the notification dated 4 February 2022 issued by the Date: 2022.05.14 18:42:06 IST Reason:

NBE;

1 “NBE”

1

(ii) Postponement of the NEET-PG 2022 examination;

(iii) Notification of a fresh date for the examination after a period of

eight weeks so that in the meantime the issue of counselling for

the NEET-PG 2021 examination gets resolved and there is no

overlap of the former with the NEET-PG 2022 examination; and

(iv) A direction to the respondents to permit students who have

participated in the counselling for the NEET-PG 2021 examination

to register for the NEET-PG 2022 examination by extending the

last date for registration which was 25 March 2022.

2 We have heard Mr Rakesh Khanna, Mr Anand Grover and Mr P Wilson,

senior counsel appearing on behalf of the petitioners. Ms Aishwarya Bhati,

Additional Solicitor General has appeared on behalf of the respondents.

3 In view of the urgency of the issue, it has been taken up for final disposal

on the basis of the submissions which have been placed on the record by

counsel appearing on either side.

4 The NEET-PG examination for 2022-2023 is due to be held on 21 May

2022. Registration for the ensuing examination was closed on 25 March

2022. The grievance of the petitioners is that they have not been allowed

a fair opportunity to participate, which violates their fundamental rights

particularly under Articles 14 and 21 of the Constitution. The following

tabulation has been placed on the record to highlight the nature of the

grievance:

NEET PG 2021 NEET PG 2021 NEET PG 2022 ORIGINAL ACTUAL COURSE SCHEDULE SCHEDULE OF EVENTS

Exam Date 11th First Round 1st notification Exam

2 September 2021 12.01.22 to Date – 12th March 22.01.22 2022, however Counselling as per postponed due to schedule – 24th Second Round Counselling clash. October to 25th 03.02.22 to November 2021 12.02.22, extended 25th March 2022: Last up to 18.02.22, last date of registration Counselling was on date for reporting hold owing to for Round 2 – New Date for exams – Court’s Order 24.02.22 21.05.2022

Mop up/Stray – 2nd Expected date of to 12th March Result 20.06.22. extended up to 23rd March

Mop up on hold by Court’s order dated 31.03.2022

New mop up/Stray - 14th April to 7th May

States holding counselling till 12 May 2022

5 The second column of the above chart indicates the course of events in

the NEET-PG 2021 entrance examination. The first round of counselling

took place between 12 and 22 January 2022. The second round took place

between 3 February to 12 February 2022 and was extended up to 18

February 2022. Thereafter, mop up/stray rounds have taken place up to 7

May 2022. The States are holding their counselling sessions till 12 May

2022. The NEET-PG 2022 examination was originally scheduled for 12

March 2022 but was postponed due to a clash with the counselling dates

for NEET-PG 2021. This was noticed in a judgment of this Court in Shivam

Satyarthee and Others vs Union of India and Others 2. In paragraph 4

of the judgment, this Court observed:

2 2022 SCS Online SC 492

3 “One of the grounds on which the petition under Article 32 of the Constitution was instituted was that there was a likely clash between the schedule of counselling for NEET-PG 2021-22 and the NEET-PG examination for the ensuing academic year. This aspect of the matter has now been resolved as a result of the postponement of the NEET-PG examination.”

6 The new date for NEET-PG 2022 has been fixed as 21 May 2022. The

results for the examination are expected on 20 June 2022. Senior counsel

appearing on behalf of the petitioners urged that the petitioners are

doctors who have rendered COVID duties in the past two years and were

participating in the counselling process following the NEET-PG 2021

entrance examination and that process was to end on 12 May 2022.

However, the stray round of counselling is yet to take place. It has been

submitted that an extension of about two months may be granted for

conducting the NEET-PG 2022 for the ensuing academic year. Counsel

submitted that representations have been made by the doctors similarly

circumstanced and if an extension is granted, this would cause no

prejudice to the Union Government while at the same time would provide

the petitioners and similarly placed candidates as well as those doctors

who have registered, additional time to study for the ensuing examination.

7 Mr P Wilson, senior counsel has placed reliance on a public notice dated 5

May 2022 issued by the National Medical Commission 3 which intimated all

medical colleges and institutes that the last date for filling information

relating to admissions made for Post Graduate (Broad and Super Specialty

courses) for 2021-2022 on the NMC portal was extended to 9 May 2022.

8 Ms Aishwarya Bhati, Additional Solicitor General has while opposing the

submissions urged that:

3 “NMC”

4

(i) The issue as to whether the NEET-PG 2022 entrance examination

was to be postponed was a matter of serious deliberation in the

Ministry of Health and Family Welfare. A conscious decision was

taken on 10 May 2021 against postponing the examination for

reasons bearing on public interest and the needs of medical

education;

(ii) Any delay in conducting the NEET-PG 2022 examination would

impact the patient care since this would lead to a fewer number

of resident doctors in hospitals. There are supposed to be three

batches of doctors who are studying for PG courses and are

available for patient care and treatment in medical college

hospitals. However, only two batches are currently available

because of the delay in conducting the examination and any

further postponement will be have a cascading effect on patient

care, treatment and other ancillary matters;

(iii) The number of doctors who have registered for NEET-PG between

the period 2019-2020 and 2022-2023 is indicated in the following

table:

Academic Year No. of Registered

Doctors 2019-20 148713 2020-21 167102 2021-22 177415 2022-23 206541

(iv) The NEET-PG 2022-2023 examination is scheduled to be held in

January 2023. Adhering to the current schedule for the NEET-PG

2022 will allow the Union Government to put the schedule back

on track which was disturbed thus far due to the onset of the

5 Covid-19 pandemic.

(v) The schedule has to be consistent with the order of this Court in

Dr Ashish Ranjan and Others vs Union of India and

Others4. In Dr Ashish Ranjan (supra), the National Medical

Commission5 moved this Court for its approval of the time

schedule for NEET-PG, which was granted on 9 May 2022; and

(vi) The Public Notice of the NMC dated 5 May 2022 did not extend

the time for completing admissions and as a matter of fact,

admissions have been closed on 7 May 2022.

9 While considering the rival submissions, it must be noted at the outset

that the academic session has been delayed by a period of four months

when compared with the schedule which has been prescribed by this Court

by its order dated 18 January 2016 in Dr Ashish Ranjan (supra). The

schedule which has been prescribed by the order of this Court is tabulated

below:

“Time Schedule for completion of Admission Process for PG (Broad Specialty) Medical Courses for All India Quota and State Quota

S. Schedule for admission Broad Specialty No. All India quota State quota

1 Conduct of Entrance Month of Month of January Examination December

2 Declaration of result of the By 15th of January By 15th of qualifying Exam/Entrance February Exam

3 1st round of Between 12th Between 4th April counselling/admission March to 24th to 15th April March

4 Last date for joining/reporting By 3rd April By 22nd April the allotted college and the course

4 Writ Petition (Civil) No 76 of 2015 dated 18.01.2016 5 “NMC”

6 5 2nd round of Between 23rd Between 11th counselling/admission for th April to 30 April th May to 20 May vacancies 6 Last date of joining for the 2nd By 10th May By 27th May round of counselling/admission

7 Commencement of the 1st May 1st May academic session/terms

8 Last date up to which students - By 31st May can be admitted/joined against vacancies arising due to any reason

10 The original schedule for NEET-PG 2022-2023 was in the following

terms:

Processes Timelines

Availability of the Information Bulletin 15th January 2022 onwards

Online submission of application 15th January 2022 (3 PM onwards) to 4th February 2022 (Till 11:55 PM)

Edit window for all the candidates 8th February 2022 to 11th February 2022

Final edit window to rectify 24th February 2022 to deficient/incorrect images 27th February 2022

1. Photograph 2. Signature 3. Thumb Impression

Issue of Admit Card 7th March 2022

Examination Date 12th March 2022

Declaration of Result By 31 March 2022

11 The above schedule had to be revised due to the exigencies caused by the

Covid-19 pandemic during 2020-2021. The revised schedule for NEET-PG

2022-2023 is set out below:

Revised dates for online submission of 15th January 2022 (3 PM onwards) the application form to 25th March 2022 (Till 11:55 PM)

Edit window for all the candidates 29th March 2022 to 7th April 2022

7 Final edit window to rectify 26th April 2022 to 30th April 2022 deficient/incorrect images

Date of issuance of Admit Cards 16th May 2022

Date of Examination 21st May 2022

Declaration of Result By 20th June 2022

12 The petitioners and other similarly placed doctors have participated in the

counseling process for NEET-PG 2021. They were not barred from

registering for NEET-PG 2022. The registration for NEET-PG 2022 for the

ensuing year had closed on 25 March 2022. As many as 2,06,541 doctors

have registered for the ensuing examination. The submission of the

petitioners that a postponement of the examination will cause no

prejudice to the Union Ministry of Health and Family Welfare is specious. It

must be borne in mind is that there is a large number of student - doctors

who have registered for the entrance test. Over two lakh students have

registered for the ensuing examination and their schedule would be

seriously affected if a further postponement is granted under a direction of

this Court. Postponement of exams results in chaos and uncertainty.

During the onslaught of the Covid waves, postponements may have been

granted by the administering authorities since we were confronted with an

unprecedented human crisis. This should not become the norm. Doing so

will disturb the sanctity of medical education. As the country gets back on

the rails after the dislocation which was caused due to the Covid-19

pandemic, it is necessary that the decision which has been taken by the

Union Ministry of Health and Family Welfare of adhering to the time

schedule must be accepted. An important consideration which has

weighed in the decision not to postpone the NEET-PG 2022 examination is

that any delay in conducting the examination will lead to a fewer number

8 of resident doctors in hospitals. Currently, only two batches of resident

doctors are available because of the delay in holding the NEET-PG

examination, resulting in serious deficiency in the required strength of

doctors in hospitals. This impacts patient care and results in back-breaking

loads of work for the existing doctors. Their quality of life, dignity and well-

being are also of concern.

13 In this backdrop, while the request which has been made by the

petitioners for a further postponement of the NEET-PG examination may

seem innocuous from their perspective, it cannot be entertained for the

reason that this would seriously impact the availability of patient care and

qualified post-graduate doctors. It is likely to have a cascading effect on

patient care and on the careers of those doctors who have already

registered in large numbers for the ensuing examination.

14 The concern of the petitioners who have participated in the counselling

process for NEET-PG 2021-22 and will now have to immediately undertake

the exam for NEET-PG 2022-23 is understandable. However, these matters

essentially pertain to the policy domain. Unless the Court is satisfied that

the decision which has been taken by the authorities is without application

of mind to relevant circumstances or was manifestly arbitrary, there would

no reason for the Court to interfere. Postponement of any examination is

replete with serious consequences. While one body of the students may be

interested in seeking a postponement, there will be a large number of

other students who have registered for the examination. Above all, the

needs of patient care and treatment must be paramount in the clash of

rival interests between those doctors who have registered for the ensuing

examination and those who have not registered. Balancing of priorities in

administration is a difficult task. The task is entrusted to the executive and

9 not to courts. Hence, in our considered view, the reliefs which have been

sought in these proceedings cannot be granted.

15 The petition shall accordingly stand dismissed.

………...…....…........……………….…........J. [Dr Dhananjaya Y Chandrachud]

……………....…........……………….…........J. [Surya Kant]

New Delhi;

May 13, 2022

10 ITEM NO.17 COURT NO.4 SECTION X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition (Civil) No.341/2022

DR. R. DINESH KUMAR REDDY & ORS. Petitioner(s)

VERSUS

MEDICAL COUNSELLING COMMITTEE (MCC) & ORS. Respondent(s)

(With IA No.70126/2022-STAY APPLICATION)

Date : 13-05-2022 This petition was called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE SURYA KANT

For Petitioner(s) Mr. Rakesh Khanna, Sr. Adv.

Mr. Anand Grover, Sr. Adv.

Mr. P. Wilson, Sr. Adv.

Mr. Ashutosh Dubey, AOR

For Respondent(s) Ms. Aishwarya Bhati, ASG Ms. Ruchi Kohli, Adv.

UPON hearing the counsel the Court made the following O R D E R

1 The petition is dismissed in terms of the signed

reportable judgment.

2 Pending application, if any, stands disposed of.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master

(Signed reportable judgment is placed on the file)

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