Case Note & Summary
The case involved a writ petition filed under Article 32 of the Constitution by NIMS University against the Union of India and others, seeking directions to lower the cut off percentile for admission to Super Specialty courses and to conduct mop up counselling for vacant seats. The Medical Council of India had set a minimum eligibility percentile of 50 for general candidates and lower percentiles for reserved categories. The respondents declined to reduce the eligibility percentile below 50 for the current academic year, resulting in 940 vacant seats for the 2021-2022 academic year. The petitioners argued that previous years saw reductions in the cut off percentile, which led to fewer vacant seats, and contended that not filling these seats would waste resources. The Additional Solicitor General presented data showing that a significant number of seats remained vacant in certain specialties and that a meeting had concluded against lowering the percentile to maintain merit standards. The court analyzed the arguments, referencing previous decisions, and concluded that the decision to maintain the percentile was not arbitrary and was based on sound academic policy. The court did, however, allow for a mop up round of counselling for the vacant seats while keeping the eligibility percentile unchanged. The petition was disposed of accordingly.
Headnote
A) Constitutional Law - Article 32 - Jurisdiction for Directions - The petitioners sought directions for lowering the cut off percentile for Super Specialty admissions and conducting mop up counselling. The court held that the decision not to lower the percentile was based on maintaining academic standards and was not arbitrary (Paras 1-10).
Issue of Consideration
Whether the cut off percentile for admission to Super Specialty courses should be lowered.
Final Decision
The court dismissed the petition, upholding the decision to maintain the cut off percentile at 50 while allowing for a mop up round of counselling for the vacant seats.
Law Points
- Article 32 of the Constitution
- Medical Council of India regulations
- NEET Super Specialty counselling
- academic policy
- merit standards
