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 1st Round  of Counselling  

12th March – 24th March,

12th March – 24th March,

25th March – 5th April

4 Last  date  of joining  

3rd April, 3rd April 12th April

5 2nd round  of counselling  

6th April – 12 April

6th April – 12th April

15th April – 26th April

6 Last  date  of joining

22nd April 22nd April 3rd May

7 Mop up Round 12th May – 4th May –

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22nd  May 8th 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.”

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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

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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

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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

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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.  

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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

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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, 3rd May, 2018.

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