The Supreme Court on Thursday approved a proposal put forth by the Central government to allow only those candidates to resign who had joined Institutes of National Importance (INIs) post counselling. The top court was hearing a plea by medical candidates challenging restrictions imposed on resignation from National Eligibility cum Entrance Test (NEET) seats. 

The bench comprising Justice BR Gavai, Justice KV Viswanathan and Justice Sandeep Mehta stated that the proposal placed was reasonable. It added that the proposal balanced the interests of meritorious students with concern of medical institutions where seats would fall vacant if upgradation is allowed. 

The proposal formulated by the Ministry of Health and Family Welfare in consultation with AIIMS, Delhi is applicable only for this year. The proposal stipulates that resignation will be permitted only for those joined candidates, who have joined the INI institutes through Counselling conducted by the AIIMS, Delhi.

It further added that the seats which have become vacant by resignation of INI Candidates will be available in the special round which is to be conducted by Medical Counselling Committee (MCC). It mentioned that candidates who have joined round 1 or round 2 seats of MCC and not allotted INI seats, will not be allowed to resign from their joined seats. Additionally, the upgradation facility will be available in the special round to all candidates who have joined in round 1 and round 2 of the Medical Counselling Committee (MCC). 

Pronouncing the order, Justice Viswanathan remarked that if penalties as high as Rs 50 lacs are set, good candidates would be driven away. Responding, Additional Solicitor General Aishwarya Bhati, appearing for the Centre said that the government has suggested for penalties to be done away with. 

Subsequently, Justice Gavai said that the government has to balance the same with the interest of private institutions.

The Supreme Court will hear the petition filed by medical aspirants seeking direction to allow them to upload online applications for MBBS/BDS courses under the Competent Authority Quota, “A” Category as the same was denied by the Dr NTR University of Health Sciences due to late processing. 

The petition has been filed by K Abdul Gani Shaikh aand Davvuri Saladi Spandana against the orders passed by the Andhra Pradesh High Court, which had dismissed their petition. 

The matter came up before the vacation bench of Justices Indira Banerjee and Aniruddha Bose on Wednesday. The bench listed the matter before the regular bench on January 4, 2021. 

The petitioners contended in their petition that though they are eligible for making the online applications for admission into MBBS and BDS courses under “A” Category, because of Covid-19 pandemic and as some of the family members of the petitioners fell sick apart from other ailments, they could not upload their applications online in time. When they approach the medical college, the same was not allowed. 

Before the High Court of Andhra Pradesh, Standing Counsel G. Vijay Kumar, for NTR University, submitted that the last date for uploading the application was over long back and the merit list was also prepared. Therefore, the question of permitting petitioners for uploading their application at a belated stage, would not arise. He also submitted that off-line applications are not permissible under the existing system. 

The Andhra Pradesh High Court division bench of Justices C. Praveen Kumar and D. Ramesh had noted in its order, “A perusal of the material on record would show that the last date for uploading applications was November 21, 2020. It may be true that the family members of the petitioners fell sick, but when there is no facility for permitting off-line applications and when the counselling is scheduled to commence in a day or two, we feel that it may not be proper to give a positive directions to the respondents to accept the applications of the petitioner. Hence, the writ petition devoid of merits and the same is accordingly dismissed.”

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