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The Supreme Court on Friday, June 10 dismissed a petition that was seeking a special stray round of counselling for vacant seats in the NEET-PG All India Quota. Dismissing the plea the court said that 8-9 rounds of counselling had already been conducted and the decision not to conduct fresh counselling was not arbitrary, and instead was in the interest of medical education and public health.
The bench comprising Justice MR Shah and Aniruddha Bose observed, “When a conscious decision has been taken by the Union of India and Medical Council of India for not conducting any special stray rounds of counselling, it cannot be considered arbitrary,” reported Live Law.
As many as 1,456 seats were vacant after the round of counselling that took place on May 7, 2022, the counsel appearing for the MCC on Thursday told a bench.
During the hearing Justice Shah said, “For many years, the seats have remained vacant & it’s not for the very first time…There has to be a limit for every exercise, and seats may remain vacant even after 10 rounds.”
The bench further said that students can not claim rights after 1.5 years. “Can it be said now that after 1.5 years, you will be given admission and compromise the health of people,” the bench added.
The DGHS, in an affidavit, submitted that the software, which was used for online counselling 2021 is closed and refund of security deposit for participating in PG counselling 2021 is also initiated. It further added that the petitioner has made the prayer at a belated stage and it may impact the whole process for the upcoming counselling session, NEET-PG 2022, and it is also difficult to run concurrently counselling for two academic sessions.
Noting that the course is for three years, the bench said, “There cannot be any compromise with education… Suppose you’re hungry for 6 months, can you eat everything in 1 day? No…education is like that.”
The National Medical Council has conducted nine rounds of NEET-PG 2021 counselling including four rounds of state counselling, four rounds of AIQ (All India Quota) counselling and another round was conducted for AIQ round. Online counselling for NEET-PG-21 have been concluded and 1,456 seats have remained vacant.
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