Case: Dr. Astha Goel and Ors Vs. The Medical Counselling Committee &amp; Ors

4. The petitioners of Special Leave Petition (C) No. 10395 of 2022 and Special Leave Petition (C) No. 10539 of 2022 approached the respective High Courts for the very reliefs, which are now sought in the aforesaid writ petitions, namely directing the respondents to conduct a Special Stray Round of counselling so as to allow them to participate for the vacant seats, which are available after the conduct of stray vacancy round of AIQ. By the impugned orders, the respective High Courts have dismissed the writ petitions, hence the original writ petitioners have preferred the present special leave petitions.5. The dispute is with respect to the admissions for NEET-PG-2021. Around 40,000 seats were available for NEET-PG examination, which included the clinical as well as non-clinical seats. 92,000 candidates/ doctors were initially eligible for examination for the said seats. However, subsequently, the percentage was lowered by communication dated 12.05.2022 and another 25,000 candidates became eligible.5.1 The NEET-PG examination was conducted on 11.09.2021. The result was declared on 28.09.2021. As per the earlier counselling scheme, there were two rounds of counselling for All India Seats as well as State Quotas seats respectively. However, as per the modified counselling scheme, counselling is to be carried in four rounds and no seats were to be reverted to States. These four rounds were AIQ Round 1, AIQ Round 2, AIQ Mop-up Round and AIQ Stray Vacancy Round.5.2 That for NEET-PG-2021, Round 1 was held on 12.01.2022, Round 2 was held on 05.02.2022, Mop-Up Round was held on 14.04.2022 and final Stray Round started on 28.04.2022 and ended on 07.05.2022. At the end of the four rounds of counselling, each for All India Quota and State Quotas (in all eight rounds of counselling) and thereafter one another round of counselling was conducted, and still approximately 1456 seats remain vacant.5.3 The respective petitioners, who earlier participated in all the counsellings and could not get the admissions have now approached this Court by way of present writ petitions/special leave petitions praying for Special Stray Round of counselling with respect to the remaining 1456 seats remained vacant and to allow them to participate for the vacant seats, which are available after the conduct of the Stray vacancy round of AIQ.

Reasoning:
10. At the outset, it is required to be noted that in the present case, the dispute is with respect to the NEET-PG-2021 and the time schedule for the approved counselling has been fixed pursuant to the direction issued by this Court and/or approved by this Court. Ordinarily, the first round of counselling in PG courses begins in the month of March of every academic year and subsequently the academic session begins from the month of May of every academic year. However, NEET-PG-2021 examination was delayed due to the third wave of COVID-19 pandemic and various litigations across the nation implementing the 27% OBC reservation in AIQ seats.10.1 At this stage, it is required to be noted that as per the earlier counselling policy, only two rounds of counselling were being held for All India Quota seats and State Quotas. The modified scheme of counselling for Academic Year 2021-2022 and onwards was submitted before this Court in Special Leave Petition (C) No.10487 of 2021 and this Court approved the same. As per the modified scheme of counselling, this time four rounds of counselling have been undertaken for All India Quota seats as well as States Quotas each. That thereafter one another round of counselling was conducted pursuant to the subsequent order passed by this Court, as approximately 146 seats were added. The NEET-PG-2021 counselling commenced on 12.01.2022 and after completion of the four rounds of counselling for All India Quota seats and State Quotas (in all eight rounds of counselling), out of 40,000 seats, 1456 seats have remained vacant. It appears that out of 1456 seats approximately more than 1100 seats are with respect to the non-clinical courses and the remaining are with respect to the clinical courses and all the seats are with respect to the private institutions. The respective petitioners are claiming admission on the remaining vacant seats and have prayed to direct the respondents to conduct a Special Stray Round of counselling. The main submission on behalf of the petitioners, as noted hereinabove, is that as large number of seats have remained vacant, the same be filled in by conducting additional/Special Stray Round of counselling for the seats remaining vacant, which are mostly non-clinical courses, which remained even after eight or nine rounds of counselling. The students cannot still pray for admission on those seats remaining vacant after approximately one year of academic session and remaining vacant after eight or nine rounds of counselling.10.2 At this stage, the decisions of this Court in the case of Supreet Batra and Ors. (supra) and Education Promotion Society for India and Anr. (supra) are required to be referred to.In the case of Supreet Batra and Ors. (supra), it is observed and held that even if some seats remain vacant, the students cannot be admitted mid-term. In paragraph 7, it is observed and held as under:-7. When a detailed scheme has been framed through orders of this Court and the manner in which it has to be worked out is also indicated therein, we do not think that if in a particular year there is any shortfall or a certain number of seats are not filled up, the same should be done by adopting one more round of counselling because there is no scope for the third round of counselling under the Scheme. It would not be advisable to go on altering the Scheme as and when seats are vacant. What is to be borne in mind is that broad equality will have to be achieved and not that it should result in any mathematical exactitude. Out of about 1600 seats, if 200 seats are not filled up for various reasons and such not- filled-up seats were much less in the earlier years, we do not think it should result in the third round of counselling. If that process is to be adopted then there will be again vacancies and further filling up of the seats falling vacant will have to be undertaken. In that process, it will become endless until all the seats under the all-India quota are filled up. That is not the object of the Scheme formulated by this Court. The object was to achieve a broad-based equality as indicated by us at the outset and we do not think that any steps have to be taken for altering the Scheme. We have taken identical view in the decision in Neelu Arora v. Union of India [(2003) 3 SCC 366]  and connected matters disposed of on 24-1- 2003. Moreover, this Court in Medical Council of India v. Madhu Singh [(2002) 7 SCC 258]  has taken the view that there is no scope for admitting students midstream as that would be against the very spirit of statutes governing medical education. Even if seats are unfilled that cannot be a ground for making mid-session admissions and there cannot be telescoping of unfilled seats of one year with permitted seats of the subsequent year. If these aspects are borne in mind, we do not think any reliefs as sought for by the petitioners can be granted under these petitions. These writ petitions shall stand dismissed.10.3 In the case of Education Promotion Society for India and Anr. (supra), the writ petitioners like the petitioners in the present case prayed for extension of time schedule and prayed for the additional counselling. This Court negated the same. This Court also took the note of the fact that every year large number of non-clinical seats remain vacant because many graduate doctors do not want to do postgraduation in non-clinical subjects. Thereafter, it is observed and held that merely because the seats are lying vacant, is not a ground to grant extension of time and grant further opportunity to fill up vacant seats. It is observed that the schedule must be followed. While holding so, it is observed in paragraph 6 as under:-6. In this case the petitioners want a general extension of time not on account of any particular difficulty faced by any individual college or university but generally on the ground that a large number of seats for the PG courses are lying vacant. It is stated that more than 1000 seats are lying vacant. In the affidavit filed by the UoI it is mentioned that as far as deemed universities are concerned there are 603 seats lying vacant. However, it is important to note that out of 603 seats lying vacant only 31 are in clinical subjects and the vast majority (572) that is almost 95% of the seats are lying vacant in non-clinical subjects. There is no material on record to show as to what is the situation with regard to the remaining 400-500 seats. This Court however can take judicial notice of the fact that every year large number of non-clinical seats remain vacant because many graduate doctors do not want to do postgraduation in non-clinical subjects. Merely because the seats are lying vacant, in our view, is not a ground to grant extension of time and grant further opportunity to fill up vacant seats. The schedule must be followed. If we permit violation of schedule and grant extension, we shall be opening a pandoras box and the whole purpose of fixing a time schedule and laying down a regime which strictly adheres to time schedule will be defeated.10.4 Applying the law laid down by this Court in the aforesaid two decisions to the facts of the case on hand and when the Medical Counselling Committee and the Union of India have to adhere to the time schedule for completing the admission process and when the current admission of NEET-PG-2021 is already behind time schedule and ever after conducting eight to nine rounds of counselling, still some seats, which are mainly non-clinical courses seats have remained vacant and thereafter when a conscious decision is taken by the Union Government/the Medical Counselling Committee, not to conduct a further Special Stray Round of counselling, it cannot be said that the same is arbitrary. The decision of the Union Government and the Medical Counselling Committee not to have Special Stray Round of counselling is in the interest of Medical Education and Public Health. There cannot be any compromise with the merits and/or quality of Medical Education, which may ultimately affect the Public Health.10.5 The process of admission and that too in the medical education cannot be endless. It must end at a particular point of time. The time schedule has to be adhered to, otherwise, ultimately, it may affect the medical education and the public health.10.6 Apart from the fact that after closure of the last round of counselling on 07.05.2022, the entire software mechanism has been closed and the security deposit is refunded to the eligible candidates, it is to be noted that the admission process for NEET-PG-2022 has already begun, the results for the NEET-PG-2022 has been announced on 01.06.2022 and as per the time schedule, the counselling process is going to start in July, 2022. Therefore, if one additional Special Stray Round of counselling is conducted now, as prayed, in that case, it may affect the admission process for NEET-PG-2022.10.7 At the cost of repetition, it is observed and held that even after eight to nine rounds of counselling, out of 40,000 seats, 1456 seats have remained vacant, out of which approximately, more than 1100 seats are non-clinical seats, which every year remain vacant, of which the judicial notice has been taken by this Court in the case of Education Promotion Society for India and Anr. (supra)11. In view of the above and for the reasons stated above, the petitioners are not entitled to any relief of writ of Mandamus directing the respondents to conduct a Special Stray Round of counselling for filling up the remaining vacant seats of NEET-PG-2021. Granting of such relief now may affect the medical education and ultimately the public health as observed hereinabove.