NIMS UNIVERSITY Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Dr Dhananjaya Y. Chandrachud, J 1. In these proceedings under Article 32 of the Constitution, the petitioners seek directions (a) for the lowering of the cut off percentile for admission to Super Specialty courses; and (ii) to the Medical Counselling Committee (MCC) to conduct a mop up and stray vacancy round of the NEET - Super Specialty counselling to fill up seats which are vacant for the DM/MCh courses.

(2.) On 5/4/2018, Gazette Notification No MCI-19(I)/2018-Med./100818 was issued by the then Medical Council of India in the following terms:

(3.) The respondents have declined to exercise the power under the above proviso to reduce the eligibility percentile below 50 for the current year. This has resulted in the invocation of the jurisdiction under Article 32.