Case Note & Summary
The judgment concerns multiple writ petitions filed by medical graduates who were denied participation in the NEET PG 2018-19 counselling process due to the delayed completion of their compulsory rotatory internship. The petitioners had completed their MBBS and appeared for NEET PG 2018, but their internship completion was delayed because the marks awarded for their internship were re-evaluated by their respective colleges, resulting in a revised internship completion date after the cut-off date of 31st March 2018 prescribed by the Medical Council of India (MCI). The petitioners argued that the delay was not their fault but arose from the revaluation process initiated by the colleges. They sought directions to be allowed to participate in the counselling process, including the stray vacancy round. The respondents, including the Union of India and the MCI, opposed the petitions, contending that the cut-off date was fixed and could not be relaxed. The court analyzed the facts and found that the petitioners had completed all academic requirements except the internship, and the delay was solely due to the revaluation of internship marks by the colleges. The court held that denying the petitioners the opportunity to participate in counselling would be arbitrary and violative of Articles 14 and 21 of the Constitution. The court directed the respondents to allow the petitioners to participate in the stray vacancy round of NEET PG 2018-19 counselling and to consider them as eligible for the academic year 2018-19. The court also directed that the petitioners be accommodated in available seats, if any, or in the next academic year if necessary.
Headnote
A) Constitutional Law - Right to Equality - Article 14 - Denial of Participation in Counselling - Petitioners were denied participation in NEET PG 2018-19 counselling due to delayed internship completion caused by revaluation of internship marks - Court held that the denial was arbitrary and violative of Article 14 as the delay was not attributable to the petitioners but to the revaluation process - Directed respondents to allow petitioners to participate in the stray vacancy round (Paras 5-10). B) Medical Education - NEET PG Counselling - Internship Completion - Cut-off Date - The cut-off date for internship completion was 31st March 2018, but petitioners completed internship later due to revaluation - Court held that the cut-off date cannot be applied rigidly when the delay is due to administrative reasons - Directed that petitioners be considered as eligible for the academic year 2018-19 (Paras 7-9). C) Constitutional Law - Right to Life - Article 21 - Right to Practice Profession - Denial of opportunity to pursue postgraduate medical education affects the right to livelihood - Court held that the petitioners' right to practice as specialists is protected under Article 21 - Directed respondents to accommodate petitioners in available seats (Paras 8-10).
Issue of Consideration
Whether the petitioners, who completed their internship after the cut-off date due to revaluation of their internship marks, are entitled to participate in the NEET PG 2018-19 counselling process.
Final Decision
The court allowed the writ petitions and directed the respondents to allow the petitioners to participate in the stray vacancy round of NEET PG 2018-19 counselling and to consider them as eligible for the academic year 2018-19. The court also directed that the petitioners be accommodated in available seats, if any, or in the next academic year if necessary.
Law Points
- Right to participate in counselling
- Revaluation of marks
- Internship marks computation
- Article 14
- Article 21
- NEET PG counselling
- Medical Council of India regulations
