DR VISHAL DAHIYA Vs. MEDICAL COUNSELLING COMMITTEE MCC

JUDGEMENT

(1.) The Petitioners who are candidates falling in the Delhi OBC list have approached this Court under Article 226 of the Constitution of India, assailing the notice dtd. 10/1/2022, issued by the Medical Counselling Committee (hereinafter referred to as 'the MCC'), whereby OBC reservation criteria has been modified with regard to Institutional Preference Seats in the Central Institutes.

(2.) The MCC, which is respondent No. 1, is an organization under the Directorate General of Health Services (hereinafter referred to as 'DGHS')'. The MCC is responsible for online allotment of seats for undergraduate, postgraduate and super-specialty medical and dental courses in government-run/ aided colleges and deemed-to-be-university colleges on the basis of the candidates' score in the National Eligibility cum Entrance Test (hereinafter referred to as 'NEET'). The factors which are considered during allotment are merit, reservation eligibility and the preference list submitted by the candidates. Guru Gobind Singh Indraprastha University (hereinafter referred to as 'GGSIPU'), formerly known as 'Indraprastha University', which is a state teaching-cum-affiliating university, located in the NCT has been arrayed as respondent No. 2 in the present petition.

(3.) On 23/2/2021, the National Board of Examination in Medical Sciences (hereinafter referred to as 'NBEMS'), which is an autonomous body under the Ministry of Health and Family Welfare (hereinafter referred to as 'MoHFW) established with the objective of standardizing postgraduate medical education and examination in India, published the NEET-PG, 2021 bulletin outlining the schedule and criteria for the common entrance exam, based on which the counselling for admission to medical colleges takes place all over the country. Thereafter, the respondent No. 2/University issued its General Admission Brochure (hereinafter referred to as 'the brochure') on 10/6/2021, wherein it laid down the criteria for reservation in the OBC category, a detailed reference whereto will be made at a later stage in the judgment.