Case Note & Summary
The petitioners, medical graduates who completed their MBBS and internship, challenged the cut-off date of 30th June, 2021 fixed by the State of Maharashtra and the Admission Regulatory Authority for eligibility to participate in NEET PG 2021 counselling. The petitioners argued that the cut-off date was arbitrary and unreasonable as it excluded students who completed internship shortly after due to delays caused by the COVID-19 pandemic. The court analyzed the rationale behind the cut-off date and found it lacked any logical nexus with the purpose of ensuring qualified candidates. The court held that the cut-off date violated Article 14 (right to equality) and Article 19(1)(g) (right to practice profession) of the Constitution. The court quashed the impugned circular and directed that all students who completed internship by 31st August, 2021 be considered eligible for NEET PG 2021 counselling. The court also directed the respondents to conduct a special counselling round for such students.
Headnote
A) Constitutional Law - Right to Equality - Article 14 - Arbitrariness - Cut-off date for internship completion - The court held that fixing a cut-off date of 30th June, 2021 for internship completion to qualify for NEET PG 2021 counselling was arbitrary and unreasonable as it lacked any rational basis and excluded a large number of students who completed internship shortly thereafter, violating Article 14. (Paras 10-25) B) Constitutional Law - Right to Practice Profession - Article 19(1)(g) - Right to pursue higher medical education - The court held that the impugned cut-off date disproportionately affected the petitioners' right to pursue postgraduate medical education and practice their profession, and was not saved by reasonable restrictions. (Paras 26-30) C) Medical Education - NEET PG Eligibility - Internship Completion - The court directed that all students who completed internship by 31st August, 2021 be considered eligible for NEET PG 2021 counselling, quashing the circular fixing 30th June, 2021 as cut-off. (Paras 31-35)
Issue of Consideration
Whether the cut-off date of 30th June, 2021 for completion of internship to be eligible for NEET PG 2021 counselling is arbitrary and unreasonable, violating Articles 14 and 19(1)(g) of the Constitution of India.
Final Decision
The court allowed the writ petitions, quashed the circular fixing 30th June, 2021 as cut-off date, and directed that all students who completed internship by 31st August, 2021 be considered eligible for NEET PG 2021 counselling. The respondents were directed to conduct a special counselling round for such students.
Law Points
- Arbitrariness
- Reasonableness
- Cut-off date
- Internship completion
- NEET PG eligibility
- Article 14
- Article 19(1)(g)
- Right to practice profession
- Medical education
