The Union Government and the Medical Counselling Committee have submitted its affidavit pertaining to the decision taken by them on the long-awaited counselling of BDS Doctors for NEET-MDS 2021.

An affidavit was filed yesterday by the Centre stating that it will conduct the counselling from August 20 till October 10. The affidavit further states that the quota fixed to provide reservation to OBC (Non-Creamy Layer) will be 27 percent as per Central list of OBC and 10 percent reservation to the Economic Weaker Section (EWS) category as per Central Government norms in All India Quota (AIQ) seats.

The petition was filed by dental surgeons, aggrieved by the delay in the announcement of counseling date for NEET-MDS (Masters Course). On an earlier date, a divisional bench of Justice D.Y. Chandrachud and Justice M.R. Shah observed that the petitioner candidates are doctors who possess a recognized degree of Bachelor in Dental Surgery (“BDS”) awarded by a university or institute in India and registered with the State Dental Council. They have also obtained provisional/permanent registration and have also undergone compulsory rotary internship of a year in a recognized dental college. The Petitioners appeared in the National Eligibility cum Entrance Test (NEET)-MDS 2021 conducted on 16.12.2020 by the National Board of Examination (“NBE”) for admission to the Master in Dental Surgery course (“MDS”). The bench further observed that since the result was declared on 31.12.2020, it has been around 6 months since the candidate counseling is on hold which is a grave injustice to the candidates as their utmost valuable time is squandered.    

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The Union in its affidavit has submitted that the delay in commencing counseling is not intentional but due to the outcome of Madras High Court Judgment wherein the Union government through Health Services was directed to constitute a committee and finalise its recommendations in consultation with all the states, including Tamil Nadu regarding issue of OBC reservation in AIQ seats contributed by State Medical colleges under AIQ scheme. Further, this High Court order was challenged before the apex court but no stay was granted by the court and the same was disposed of.  

The Union of India in its office memorandum on July 30, 2021 has decided the aforementioned reservation quota while considering the judgment of Madras High Court, Supreme Court and report of the committee. The same is annexed along with the said Affidavit.

The Supreme Court has issued notice to the Medical Counselling Committee on a petition filed by dental surgeons aggrieved by the delay in announcement of counselling date for NEET-MDS (Masters Course).

A divisional bench of Justice D.Y. Chandrachud and Justice M.R. Shah observed that the petitioner candidates are doctors who possess a recognized degree of Bachelor in Dental Surgery (“BDS”) awarded by a university or institute in India and registered with the State Dental Council. They have also obtained provisional/permanent registration and have also undergone compulsory rotary internship of a year in a recognized dental college. The Petitioners appeared in the National Eligibility cum Entrance Test (NEET)-MDS 2021 conducted on 16.12.2020 by the National Board of Examination (“NBE”) for admission to the Master in Dental Surgery course (“MDS”). 

The bench further observed that since the result was declared on 31.12.2020, it has been around 6 months the candidate counseling is on hold which is a grave injustice to the candidates as their utmost valuable time is squandered.

Senior Advocate Vikas Singh along with advocate Tanvi Dubey and Advocate-on-record Dr. Charu Mathur appeared on behalf of the petitioners.

The Petition further points out that the NEET-MDS 2021 is the single eligibility cum entrance examination for admission to MDS Courses for the academic session 2021 which includes the following: 

1. All India 50% quota seats for MDS courses (all states) 

2. State quota seats for MDS courses for all States/Union territories of India. 

3. MDS courses at all Private Dental Colleges, Institutions & Universities all across the country 

4. MDS courses at Armed Forces Medical Services Institutions. 

5. Screening exam for dental surgeons (BDS & MDS) for Short Service Commission in Army Dental Corps.

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It is further pointed out that around 30,000 BDS (dental) graduates appeared for the NEET-MDS conducted for admission to over 6,500 seats in the country. However, after the declaration of the result until today there is no update regarding the counselling. The umpteen efforts were made by the Petitioners to get in touch with the Respondents (Medical Counselling Committee (MCC) and Dental Council of India) in order to get an idea about the schedule of the counselling. However, there has been no update about the date of the commencement of the counselling. 

Read the plea here;