SHAHSAD P. Vs. MEDICAL COUNSELLING COMMITTEE

JUDGEMENT

(1.) The petitioners appeared in the National Entrance cum Eligibility Test (NEET) (UG) 2020 and secured 610, 608 and 606 marks out of 720. Their grievance is as against the delay in completing the 1st allotment for admission to the 85% seats in undergraduate course in medicine allocated as the state quota in different States other than Kerala, Rajastan and Haryana, on account of which they will be denied opportunity for admission against the 15% seats in the All India Quota.

(2.) Petitioners submit that Ext.P5 schedule for online counselling for All India Quota was published by the Medical Counselling Committee (MCC) in October, 2020, according to which, the 1st and 2nd allotment were scheduled to be held on 05.11.2020 and 27.11.2020 respectively; but many States failed to complete their 1st allotment before the completion of the 2nd allotment of the All India Quota. It is stated that in the State of Bihar, registration for the 1st allotment commenced only on 29.11.2020 and the processing of seat allotment commenced only on 04.12.2020 i.e., after the finalisation of the 2nd allotment towards 15% All India Quota as per Ext.P5. It is stated that similar is the case with State of Jharkhand also. Petitioners pointed out that in the State of Kerala, the 1st allotment was completed on 26.11.2020 in accordance with Ext.P5. But in most of the states the allotment to the State quota is not complete. Petitioners claim that the students, who opted for 1st and 2nd allotment in All India Quota and who would be joining the State seats would be excluded and a fresh allotment is to be made to enable the eligible candidates like the petitioners, who secured high marks in NEET (UG) to avail an effective opportunity to participate in the admission process towards 15% All India Quota. It is stated that large number of seats would be reverted to the State quota this year defeating the very intention of the Honourable Supreme Court to ensure that very few seats are reverted to the State quota and that the All India Quota seats are filled by students from All India merit list only. Petitioners point out that the last candidate who got allotment in the All India quota in general merit is having 611 marks, as explained in Ext.P6. Petitioners who scored 606 to 610 marks therefore submit that they have got every chance for admission in case the allotments were made in accordance with Ext P5. It is stated that on account of failure to reckon those students who are likeli to join the State seats while finalising the 2nd round of allotment towards 15% quota a large number of meritorious students like the petitioners who seek admission in the 15% All India Quota would be denied their opportunity.

(3.) Sri. Jaju Babu, the learned Senior Counsel appearing for the petitioners, relying on the order passed by the Apex Court on 09.05.2017 reported in Assn. of Private Medical & Dental Colleges of Chhattisgarh v. State of Chhattisgarh [(2017)8 SCC 638], argued that the intention behind the directions issued by the Apex Court regarding the common counselling procedure provided in the paragraphs 23.1 to 23.6 are to see that minimum number of seats are reverted to state quota and that in order to ensure the same a 3rd allotment or a mop-up allotment is to be conducted for admission to the All India Quota, in view of the delay caused in completing the counselling in other States and in that event the petitioners would get an opportunity to participate in the same. It is also stated that petitioners have submitted a representation before the Government of India requesting for the same and that no decision is taken on it so far.