Medical Council of India (MCI) issued the Postgraduate Medical Education (Amendment) Regulations, 2018. = It is clear from the record that the Medical Council of India decided to make certain changes to the method of admissions to the Postgraduate Courses to arrest the blocking of seats by certain candidates which was detrimental to the interest of meritorious candidates in the All India Quota. There is material on record to suggest that devious methods were adopted by certain candidates to block the seats in the All India Quota and resign thereafter from those seats later which resulted in reversion of the All India Quota seats to the State Quota. The Medical Counselling Committee identified about thousand candidates who were indulging in such illegal practice and proposes to take action against them after a thorough inquiry. 8. There is no infringement of any legal right of the Petitioners in the change of the method of Counselling made by the notice dated 09.04.2018. Reduction of chances of admission does not entail in violation of any right. If the change in the method of Counselling was due to the circumstances mentioned above, we see no reason to interfere. Further, the Petitioners have participated in the second round of Counselling for up-gradation. We are informed that the second round of Counselling for All India Quota is completed. No interference is warranted at this stage in respect of the All India Quota. In view of the completion of the second round of Counselling of the All India Quota, we see no reason to entertain the Writ Petitions. The order dated 20.04.2018, staying the reversion of seats from the All India Quota to the State Quota is vacated. According to the schedule for online Counselling, the second round of Counselling of the State Quota should be completed by 26.04.2018. The second round of State Counselling has to be conducted after taking into account the reverted seats on completion of the second round of the All India Quota. We are informed that some States and Deemed/Central Institutions completed the second round of Counselling without waiting for the reversion of the unfilled seats in the second round of Counselling of the All India Quota. As this could not have been done, we direct that such States and Deemed/Central Institutions shall conduct the second round of Counselling again after reversion of the unfilled seats in the second round of Counselling of the All India Quota. As we have vacated the order dated 20.04.2018, the concerned authority will report the unfilled seats in the second round of the All India Counselling to the respective States by 05.05.2018. The second round of Counselling for the State Quota shall be conducted and completed by 10.05.2018. The Mop-up-round for the State Quota which is scheduled to be 7 completed by 08.05.2018 is extended to 15.05.2018.

Non-Reportable

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

Writ Petition (C) No. 357 of 2018

RACHIT SINHA & ORS.

………PETITIONER (S)

Versus

UNION OF INDIA & ORS.

……..RESPONDENT (S)

With

Writ Petition (C) No. 361 of 2018

Writ Petition (C) No.366 of 2018

Writ Petition (C) No.424 of 2018

O R D E R

1. By a Notification dated 20.02.2018, the Medical Council of India

(MCI) issued the Postgraduate Medical Education (Amendment)

Regulations, 2018. The admission schedule for the year

2018-2019 as per the said Regulations is as follows:-

Sr. No. Schedule for

Admission

Central

Counselling

State Counselling

All India Quota Deemed +

Central Institute

1 Conduct of

Exam

By 10th January

2 Declaration of

Result

By end of January

3 1

st Round of

Counselling

12th March –

24th March,

12th March –

24th March,

25th March –

5

th April

4 Last date of

joining

3

rd April, 3

rd April 12th April

5 2

nd round of

counselling

6

th April –

12 April

6

th April –

12th April

15th April –

26th April

6 Last date of

joining

22nd April 22nd April 3

rd May

7 Mop up Round 12th May – 4

th May –

1

22nd May 8

th May

8 Late date of

joining

26th May 12th May

9 Forwarding the

list of students

in order of merit

equalling to ten

times the

number of

vacant seats to

the Medical

Colleges by the

Counselling

Authority.

27th May 13th May

10 Last date of

joining

31st May 18th May

2. The first round of Counselling of All India Quota was completed on

07.04.2018. We are informed that the first round of Counselling

for the State quota was also completed in the first week of April,

2018. The process for the second round of Counselling for the All

India Quota commenced on 13.04.2018 and the last date for

reporting was 23.04.2018. Admission to Postgraduate Courses,

according to the Regulations, is on the basis of the merit of the

candidates in the National Eligibility-cum-Entrance Test (NEET-PG)

conducted every year. 50 per cent of the seats are earmarked for

All India Quota and the remaining 50 per cent for the State Quota.

3. On 05.04.2018, a Notification was issued by the Medical Council

of India by which Clause 9A(4) was added to the Postgraduate

Medical Education Regulations, 2000 which is in the following

terms:-

“9A(4) In order to prevent seat blocking in common Counselling

for admission to Postgraduate Courses and permissibility to

exercise fresh choice during Counselling, forfeiture of fee shall be

in accordance with the matrix contained in appendix-III.”

2

4. A notice dated 09.04.2018 was issued by Medical Counselling

Committee (MCC) which conducts the Counselling for the All India

Quota in which it was clarified that a candidate who had

participated in the first round of Counselling and was allotted a

seat but did not report can participate for the second round of

Counselling as per their earlier registered details. It was also

mentioned in the said notice that the candidates who reported

after the first round of Counselling but resigned from the allotted

Institutions were also eligible to participate in the second round of

Counselling without any fresh registration/payment. The

candidates were further informed that candidates who joined in

the allotted seats after the first round of Counselling but could not

get up-gradation in the second round of Counselling shall be

allowed to resign from the first round seat within two days from

the publication of the second round results of the All India Quota

with forfeiture of fees.

5. The Petitioners in the above Writ Petitions who participated in the

first round of Counselling for the All India Quota seats for

admission to the Postgraduate Courses in medicine are aggrieved

by the changes that are made in the method of Counselling by the

notice dated 09.04.2018. The grievance of the Petitioners is that

candidates who were ineligible for the second round of

3

Counselling according to the earlier procedure were made eligible

as per the notice dated 09.04.2018. Another complaint of the

Petitioners pertains to permission granted to the allottees in the

first round of Counselling to retain their seats for two days after

the announcement of results of the second round of Counselling.

The Petitioners’ complained of their being forced to resign from

their allotted seats in the first round of Counselling.

6. By an order dated 20.04.2018, we permitted the Petitioners to

retain the seats allotted to them in the first round of Counselling.

We also stayed the reversion of the seats from the All India Quota

to the State Quota. The procedure followed for admission to

Postgraduate Courses is that there will be two rounds of

Counselling for the All India Quota. At the end of second round of

Counselling, the seats that are unfilled will be reverted to the

State Quota. The first round of the All India Quota is conducted

on the basis of merit of the candidates in the NEET-PG exam.

Doubts are expressed by several candidates regarding the

eligibility of candidates to participate in the second round of

Counselling for the All India Quota. Such doubts are cleared by

the Medical Council of India by providing answers to the

frequently asked questions. Candidates who could not secure any

seat in the first round as well as those who have secured

admission in the first round, reported/joined in the allotted

4

Institutions and submitted their willingness for participating in the

second round were eligible for the second round of Counselling.

Candidates who did not report at the allotted Institutions after the

seat allotment in the first round and those who reported and

withdrew (resigned) from Counselling at the allotted Institutions

were not eligible for the second round of Counselling. In addition,

candidates who did not opt for up-gradation and those who

became ineligible due to change of category were also not

permitted to participate in the second round of Counselling. This

was the practice followed at the time of issuance of the

Notification for admission to the Postgraduate Courses for

2018-2019. The change made by the notice dated 09.04.2018

are to the effect that even if a candidate is allotted a seat in the

first round but did not report, he would be entitled to participate

in the second round of Counselling. A candidate who had

reported but resigned was also made eligible to participate in the

second round of Counselling, contrary to the position that existed

prior to 09.04.2018. According to the Petitioners, the competition

for the second round of Counselling would increase as the above

two categories of candidates who were not eligible to participate

in the second round of Counselling earlier were permitted to

compete for admissions in the second round of Counselling. They

contend that this change should not have been made after the

5

commencement of admissions for this year.

7. It is clear from the record that the Medical Council of India

decided to make certain changes to the method of admissions to

the Postgraduate Courses to arrest the blocking of seats by

certain candidates which was detrimental to the interest of

meritorious candidates in the All India Quota. There is material

on record to suggest that devious methods were adopted by

certain candidates to block the seats in the All India Quota and

resign thereafter from those seats later which resulted in

reversion of the All India Quota seats to the State Quota. The

Medical Counselling Committee identified about thousand

candidates who were indulging in such illegal practice and

proposes to take action against them after a thorough inquiry.

8. There is no infringement of any legal right of the Petitioners in the

change of the method of Counselling made by the notice dated

09.04.2018. Reduction of chances of admission does not entail in

violation of any right. If the change in the method of Counselling

was due to the circumstances mentioned above, we see no

reason to interfere. Further, the Petitioners have participated in

the second round of Counselling for up-gradation. We are

informed that the second round of Counselling for All India Quota

is completed. No interference is warranted at this stage in

respect of the All India Quota.

6

9. In view of the completion of the second round of Counselling of

the All India Quota, we see no reason to entertain the Writ

Petitions. The order dated 20.04.2018, staying the reversion of

seats from the All India Quota to the State Quota is vacated.

According to the schedule for online Counselling, the second

round of Counselling of the State Quota should be completed by

26.04.2018. The second round of State Counselling has to be

conducted after taking into account the reverted seats on

completion of the second round of the All India Quota. We are

informed that some States and Deemed/Central Institutions

completed the second round of Counselling without waiting for

the reversion of the unfilled seats in the second round of

Counselling of the All India Quota. As this could not have been

done, we direct that such States and Deemed/Central Institutions

shall conduct the second round of Counselling again after

reversion of the unfilled seats in the second round of Counselling

of the All India Quota. As we have vacated the order dated

20.04.2018, the concerned authority will report the unfilled seats

in the second round of the All India Counselling to the respective

States by 05.05.2018. The second round of Counselling for the

State Quota shall be conducted and completed by 10.05.2018.

The Mop-up-round for the State Quota which is scheduled to be

7

completed by 08.05.2018 is extended to 15.05.2018.

Writ Petition (C) No.424 of 2018

In I.A. No.62831 of 2018 in W.P. (C) No.357 of 2018, no order is

required to be passed in view of fact that some of the Applicants

have filed Writ Petition (C) No.424 of 2018 for the same relief. Writ

Petition (C) No.424 of 2018 is disposed off in terms of the order in

Writ Petition (C) No.357 of 2018.

………………………………….J.

[S.A. BOBDE]

 

………………………………….J.

[L. NAGESWARA RAO]

New Delhi,

3

rd May, 2018.

8