The Supreme Court on Friday had issued notice in the writ petition that challenged the changed examination pattern in the NEET SS 2022, which would now consist of 150 questions from the general category of the primary feeder broad specialty subject and from all sub- specialty/systems/component of that primary feeder broad specialty subject.

The writ was preferred by MD Radiation Oncologists and MD Anaesthesiologists NEET SS 2022 aspirant  who had challenged the changed examination pattern. What was also making the aspirants aggrieved was the draft Postgraduate Medical Education Regulations, 2021 published by National Medical Commission which had proposed deletion of  MD radiation oncology/radiotherapy as an eligible feeder specialty qualification for the super specialty course of DM Medical Oncology

The petition was listed before the bench of Justices DY Chandrachud and PS Narasimha.

Doctors were represented by Advocate Shyam Divan  who referred to one of the orders passed in a writ petition which had challenged the change in exam pattern.

1. As per the 2018 pattern, 60% marks were to be attributed to questions from the feeder courses, but with the new pattern, all questions for the Critical Care super specialty will be drawn from General Medicine, thereby leaving students from other specialties at a serious disadvantage
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2. It also refers to  the chart of how the changed pattern alters and affects the prospects of MD Radiation Oncologists to do their Super Specialization in DM Medical Oncology and of MD Anaesthiologists to do their Super Specialization in DM Critical care.

You are concerned about the area of SS of oncology. Earlier it was provided that the ones who had MD could apply and now the neck is wider,” remarked Justice PS Narasimha pursuant to the submissions made by Senior Advocate.

The senior advocate said that the representation was also made  before the authorities which were working on Postgraduate Medical Education Regulations, 2021 Education Regulations, 2021 which proposes to delete MD radiation oncology/radiotherapy as an eligible feeder

The petitioners said that the existing pattern has 40% mixed questions from all the broad specialties and 60% questions from Critical Care (i.e. the super-specialty subject) which ensures a level playing field, in the same beathe they also said that the petitioners have contended that the new pattern was forcing all the he candidates from the broad specialties to write a single paper which will have 100% questions from General Medicine.

The plea mentions that pattern is not just a waste of time and effort for all those who have prepared for Critical Care but also grossly biased against few broad specialties, particularly in favour of MD Medicine in so far as the choice of options is far greater vis-a-vis the choices available to either MD Radiation Oncology or MD Anaesthesia. Terming the change in pattern as “arbitrary, illogical, unreasonable and highly partial,” petitioners have contended that this is complete waste of time, resources and effort put by the candidates who have been preparing for a super speciality subject for years.

The Supreme Court today has sought the response from Centre and National Medical Council on a PIL by post-graduate doctors alleging that question pattern for NEET-Super Speciality 2021, has been altered only to favour those who have done post-graduation in general medicine at the cost of other disciplines.

A bench led by Justices DY Chandrachud and BV Nagarathna has noted the submissions made by the Senior Counsel Shyam Divan appearing for the petitioners that Relying on the example in petition, the entirety of question for critical care SS willl be drawn from general medicine leaving Student form other categories in vain. 

Divan argued that the impugned information bulletin has completely transformed the entrance examination. “After the game is begin they have changed the rules,” he said. 

“NBE has stated that the entrance examination would be of the level of exit exam of post- graduation. Thus, post-graduates from different broad specialities can appear for a single super-speciality exam. For example, post graduates from broad specialties like General Medicine, Anaesthesiology, Emergency Medicine, Paediatrics and Respiratory Medicine are all eligible for DM Critical Care,”

-read the plea. 

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It said,

“As a matter of fact, less than even 5% of candidates doing Critical Care are from General Medicine background, rest all are from other branches specified above, being predominantly from MD Anaesthesia and MD respiratory. The erstwhile pattern had a paper with 60% questions from Critical Care (i.e. the super-specialty subject) and 40% questions were mixed questions from all the five above mentioned broad specialties ensuring a level-playing field. The proposed new pattern is forcing all the candidates from above mentioned broad specialties to write a single paper which will have 100% questions from General Medicine. There will be no questions from broad specialties of other four post-graduate branches. The pattern is not just a waste of time an effort for all those who have prepared for Critical Care but also grossly biased against few broad specialties.”

The Supreme Court has recorded the submissions, “The petition is instituted by post graduate doctors who have challenge the change in pattern of ensuing NEET-SS which is due to be held on 13/14 Nov. The notification for the examination was issued on 23rd July. On 31st July the entire pattern which was prevailed from 2018 has been sought to be changed. 60% marks were to be allotted in super speciality. While 40% from feeder courses. Relying on the example in petition, the entirety of question for critical care SS willl be drawn from general medicine leaving Student form other categories in vain.” Following which the Supreme Court has Issued notice to respondents. And list the matter for hearing on coming Monday.

The plea has been filed by more than 40 doctors challenging the last moment change in the pattern/scheme of NEET-SS, 2021, alleging it grossly infringed and violates the fundamental rights of the petitioners under Article 14 of the Constitution of India who are rendering valuable services to the nation in order to manage COVID 19, and on side have been strenuously preparing for this super speciality entrance exam keeping in view the pattern that existed over the last three years. 

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The plea stated that,

“All the aspirants were preparing as per the old pattern placed for the last 3 years, especially based on earlier occasions i.e., in 2018 and 2019 when changes were proposed to be made in the pattern, which was made public around 6 months before the examination.”

The Petitioners submitted that the impugned orders are liable to be quashed on the premise of lack of authority on the part of Respondent No. 1 – NBE and 2 – NMC to approve changes in the absence of the Central Government directing them to do so, moreover, violating rights of the Petitioners u/a 14 of the Constitution.

The Petitioner further seeks a declaration that the pattern of NEET-SS 2021 is illegal having been carried out without any authority by Respondent No. 1 and 2, moreover declaring that only Central Government is authorized to carry out changes in the pattern of NEET-SS under the existing laws, as well as, restoration of the old pattern conducted in 2018-2020, or directing that the changed pattern shall not be implemented this year due to paucity of time, but in NEET-SS 2022 and onwards.

The petition is filed through Advocate-on-Record Javedur Rahman.

Case Name- Prateek Rastogi and Ors. vs. National Board of Examination and Ors.