DR R. DINESH KUMAR REDDY & ORS versus MEDICAL COUNSELLING COMMITTEE (MCC) & ORS.
[2022] 4 S.C.R. 808, Supreme Court of India, 2022
Outcome: Dismissed (Dismissed)
Segment: Issues
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DR R. DINESH KUMAR REDDY & ORS.
v.
MEDICAL COUNSELLING COMMITTEE (MCC) & ORS.
(Writ Petition (Civil) No. 341 of 2022)
MAY 13, 2022
[DR DHANANJAYA Y CHANDRACHUD AND
SURYA KANT, JJ.]
Education – Examination – NEET-PG 2022 – Petitioners
sought postponement of  Examination – Exam was scheduled on
May 21, 2022 – Petitioners sought the issuance of direction for the
postponement of the NEET-PG 2022 examination till the issue of
counselling for the NEET-PG 2021 examination gets resolved –
Petitioners further prayed to permit students who have participated
in the counselling for the NEET-PG 2021 examination to register
for the NEET-PG 2022 examination by extending last date for
registration – Held: Petitioners and other similarly placed doctors
have participated in the counseling process for NEET-PG 2021 –
They were not barred from registering for NEET-PG 2022 – Over 2
lakh doctors have registered for the examination – Their schedule
would be seriously affected if a further postponement is granted –
During Covid waves, postponements were granted, since there was
an unprecedented human crisis – However, same should not become
the norm – Doing so will disturb the sanctity of medical education –
Any delay in conducting the examination will lead to a fewer number
of resident doctors in hospitals – Further, these matters essentially
pertain to policy domain – Unless the Court is satisfied that the
decision was taken by the
authorities is without application of mind
to relevant circumstances or was manifestly arbitrary, there would
be no reason for the Court to interfere – The request for a further
postponement cannot be entertained for the reason that this would
seriously impact the availability of patient care and qualified post-
graduate doctors – Therefore, reliefs sought cannot be granted –
Accordingly, the petition is dismissed.
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
341 of 2022.
[2022] 4 S.C.R. 808
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Under Article 32 of The Constitution of India
Rakesh Khanna, Anand Grover, P. Wilson, Sr. Advs., Ashutosh
Dubey, Adv. for the Petitioners.
Ms. Aishwarya Bhati, ASG, Ms. Ruchi Kohli, Aman Sharma, G.
S. Makker, Advs. for the Respondents.
The Judgment of the Court was delivered by
DR DHANANJAYA Y CHANDRACHUD, J.
1. The jurisdiction of this Court under Article 32 of the Constitution
has been invoked by MBBS graduate doctors who have appeared for
the NEET – PG 2021 and have participated in the ongoing counselling
process for 2021-2022. Their grievance pertains to the schedule which
has been prescribed by the National Board of Examinations1 for holding
the NEET-PG 2022 examination. The NBE issued a notification on 4
February 2022 by which it scheduled the NEET-PG 2022 examination
on 21 May 2022. The petitioners seek the issuance of a direction for :
(i)
Quashing the notification dated 4 February 2022 issued by
the NBE;
(ii) Postponement of the NEET-PG 2022 examination;
(iii) Notification of a fresh date for the examination after a period
of eight weeks so that in the meantime the issue of counselling
for the NEET-PG 2021 examination gets resolved and there
is no overlap of the former with the NEET-PG 2022
examination; and
(iv) A direction to the respondents to permit students who have
participated in the counselling for the NEET-PG 2021
examination to register for the NEET-PG 2022 examination
by extending the last date for registration which was 25 March
2022.
2. We have heard Mr Rakesh Khanna, Mr Anand Grover and
Mr P Wilson, senior counsel appearing on behalf of the petitioners.
Ms Aishwarya Bhati, Additional Solicitor General has appeared on behalf
of the respondents.
DR R. DINESH KUMAR REDDY v. MEDICAL COUNSELLING
COMMITTEE (MCC)
1 “NBE”
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3. In view of the urgency of the issue, it has been taken up for
final disposal on the basis of the submissions which have been placed on
the record by counsel appearing on either side.
4. The NEET-PG examination for 2022-2023 is due to be held on
21 May 2022. Registration for the ensuing examination was closed on
25 March 2022. The grievance of the petitioners is that they have not
been allowed a fair opportunity to participate, which violates their
fundamental rights particularly under Articles 14 and 21 of the Constitution.
The following tabulation has been placed on the record to highlight the
nature of the grievance:
5. The second column of the above chart indicates the course of
events in the NEET-PG 2021 entrance examination. The first round of
counselling took place between 12 and 22 January 2022. The second
round took place between 3 February to 12 February 2022 and was
extended up to 18 February 2022. Thereafter, mop up/stray rounds have
taken place up to 7 May 2022. The States are holding their counselling
sessions till 12 May 2022. The NEET-PG 2022 examination was originally
scheduled for 12 March 2022 but was postponed due to a clash with the
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counselling dates for NEET-PG 2021. This was noticed in a judgment of
this Court in Shivam Satyarthee and Others vs Union of India and
Others2. In paragraph 4 of the judgment, this Court observed:
“One of the grounds on which the petition under Article 32 of the
Constitution was instituted was that there was a likely clash
between the schedule of counselling for NEET-PG 2021-22 and
the NEET-PG examination for the ensuing academic year. This
aspect of the matter has now been resolved as a result of the
postponement of the NEET-PG examination.”
6. The new date for NEET-PG 2022 has been fixed as 21 May
2022. The results for the examination are expected on 20 June 2022.
Senior counsel appearing on behalf of the petitioners urged that the
petitioners are doctors who have rendered COVID duties in the past
two years and were participating in the counselling process following
the NEET-PG 2021 entrance examination and that process was to end
on 12 May 2022. However, the stray round of counselling is yet to take
place. It has been submitted that an extension of about two months may
be granted for conducting the NEET-PG 2022 for the ensuing academic
year. Counsel submitted that representations have been made by the
doctors similarly circumstanced and if an extension is granted, this would
cause no prejudice to the Union Government while at the same time
would provide the petitioners and similarly placed candidates as well as
those doctors who have registered,
additional time to study for the ensuing
examination.
7. Mr P Wilson, senior counsel has placed reliance on a public
notice dated 5 May 2022 issued by the National Medical Commission3
which intimated all medical colleges and institutes that the last date for
filling information relating to admissions made for Post Graduate (Broad
and Super Specialty courses) for 2021-2022 on the NMC portal was
extended to 9 May 2022.
8. Ms Aishwarya Bhati, Additional Solicitor General has while
opposing the submissions urged that:
 (i) The issue as to whether the NEET-PG 2022 entrance
examination was to be postponed was a matter of serious
deliberation in the Ministry of Health and Family Welfare. A
DR R. DINESH KUMAR REDDY v. MEDICAL COUNSELLING
COMMITTEE (MCC) [DR DHANANJAYA Y CHANDRACHUD, J.]
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3 “NMC”
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conscious decision was taken on 10 May 2021 against
postponing the examination for reasons bearing on public
interest and the needs of medical education;
(ii) Any delay in conducting the NEET-PG 2022 examination
would impact the patient care since this would lead to a fewer
number of resident doctors in hospitals. There are supposed
to be three batches of doctors who are studying for PG
courses and are available for patient care and treatment in
medical college hospitals. However, only two batches are
currently available because of the delay in conducting the
examination and any further postponement will be have a
cascading effect on patient care, treatment and other ancillary
matters;
(iii) The number of doctors who have registered for NEET-PG
between the period 2019-2020 and 2022-2023 is indicated in
the following table:
Academic Year 
No. of Registered Doctors 
2019-20 
148713 
2020-21 
167102 
2021-22 
177415 
2022-23 
206541 
(iv) The NEET-PG 2022-2023 examination is scheduled to be held
in January 2023. Adhering to the current schedule for the
NEET-PG 2022 will allow the Union Government to put the
schedule back on track which was disturbed thus far due to
the onset of the Covid-19 pandemic.
(v) The schedule has to be consistent with the order of this Court
in Dr Ashish Ranjan and Others vs Union of India and
Others4.  In Dr Ashish Ranjan (supra), the National Medical
Commission5 moved this Court for its
approval of the time
schedule for NEET-PG, which was granted on 9 May 2022;
and
4 Writ Petition (Civil) No 76 of 2015 dated 18.01.2016
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(vi) The Public Notice of the NMC dated 5 May 2022 did not
extend the time for completing admissions and as a matter of
fact, admissions have been closed on 7 May 2022.
9. While considering the rival submissions, it must be noted at the
outset that the academic session has been delayed by a period of four
months when compared with the schedule which has been prescribed
by this Court by its order dated 18 January 2016 in Dr Ashish Ranjan
(supra). The schedule which has been prescribed by the order of this
Court is tabulated below:
“Time Schedule for completion of Admission Process
for PG (Broad Specialty) Medical Courses for All
India Quota and State Quota
10. The original schedule for NEET-PG 2022-2023 was in the
following terms:
DR R. DINESH KUMAR REDDY v. MEDICAL COUNSELLING
COMMITTEE (MCC) [DR DHANANJAYA Y CHANDRACHUD, J.]
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11. The above schedule had to be revised due to the exigencies
caused by the Covid-19 pandemic during 2020-2021. The revised schedule
for NEET-PG 2022-2023 is set out below:
12. The petitioners and other similarly placed doctors have
participated in the counseling process for NEET-PG 2021. They were
not barred from registering for NEET-PG 2022. The registration for
NEET-PG 2022 for the ensuing year had closed on 25 March 2022. As
many as 2,06,541 doctors have registered for the ensuing examination.
The submission of the petitioners that a postponement of the examination
will cause no prejudice to the Union Ministry of Health and Family Welfare
is specious. It must be borne in mind is that there is a large number of
student - doctors who have registered for the entrance test. Over two
lakh students have registered for the ensuing examination and their
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schedule would be seriously affected if a further postponement is granted
under a direction of this Court. Postponement of exams results in chaos
and uncertainty. During the onslaught of the Covid waves, postponements
may have been granted by the administering authorities since we were
confronted with an unprecedented human crisis. This should not become
the norm. Doing so will disturb the sanctity of medical education. As the
country gets back on the rails after the dislocation which was caused
due to the Covid-19 pandemic, it is necessary that the decision which
has been taken by the Union Ministry of Health and Family Welfare of
adhering to the time schedule must be accepted. An important
consideration which has weighed in the decision not to postpone the
NEET-PG 2022 examination is that any delay in conducting the
examination will lead to a fewer number of resident doctors in hospitals.
Currently, only two batches of resident doctors are available because of
the delay in holding the NEET-PG examination, resulting in serious
deficiency in the required strength of doctors in hospitals. This impacts
patient care and results in back-breaking loads of work for the existing
doctors. Their quality of life, dignity and well-being are also of concern.
13. In this backdrop, while the request which has been made by
the petitioners for a further postponement of the NEET-PG examination
may seem innocuous from their perspective, it cannot be entertained for
the
reason that this would seriously impact the availability of patient
care and qualified post-graduate doctors. It is likely to have a cascading
effect on patient care and on the careers of those doctors who have
already registered in large numbers for the ensuing examination.
14. The concern of the petitioners who have participated in the
counselling process for NEET-PG 2021-22 and will now have to
immediately undertake the exam for NEET-PG 2022-23 is
understandable. However, these matters essentially pertain to the policy
domain. Unless the Court is satisfied that the decision which has been
taken by the authorities is without application of mind to relevant
circumstances or was manifestly arbitrary, there would no reason for
the Court to interfere. Postponement of any examination is replete with
serious consequences. While one body of the students may be interested
in seeking a postponement, there will be a large number of other students
who have registered for the examination. Above all, the needs of patient
care and treatment must be paramount in the clash of rival interests
between those doctors who have registered for the ensuing examination
DR R. DINESH KUMAR REDDY v. MEDICAL COUNSELLING
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and those who have not registered. Balancing of priorities in administration
is a difficult task. The task is entrusted to the executive and not to courts.
Hence, in our considered view, the reliefs which have been sought in
these proceedings cannot be granted.
15. The petition shall accordingly stand dismissed.
Ankit Gyan
Writ Petition dismissed.
(Assisted by : Rahul Rathi, LCRA)