The Supreme Court in the case Dr. Patil Akshay Pandharinath & Ors. V. The Medical Counselling Committee observed that without paying the huge amount of penalty, the NEET PG Aspirants seeking to exit from the seats already joined pursuant to the 2nd round of counseling in the All-India Quota of the counseling process.
without having to pay any penalty and allocating the vacant seats to the stray round and / or any special round of counseling and / or in the subsequent NEET – PG counseling, the candidates are permitted to exit who desire to resign and or vacate the seat joined pursuant to the 2nd round of counseling prayed by the petitioner in the plea to further issue the direction.
Imposing of huge, hefty penalties are arbitrary and harsh on the students who desire to avail the best seats for advancing their medical career and serve the nation and humankind. In the month of May 2022, the subsequent exam proposed to be conducted. In the next rounds i.e., NEET PG 2022 – 2023 the said seat can always be put up it was further argued before the court.
The petitioner in the plea further stated that it is submitted that such seats can always be put up in the stray round and / or any special round of counseling and / or in the subsequent NEET – PG counseling and if a candidate is permitted to exit or leave a seat after joining the same goes waste and therefore the aforesaid hefty penalty is levied further the Respondent States levy such huge and hefty penalties under a fallacious pretext.
the said Seat would not go waste as the same can be put up in the stray round and / or any special round of counseling and / or in the subsequent NEET – PG counseling, if the states do not impose a penalty, the plea states.
There is a violation of Article 14 and Article 21 of the Constitution of India and is arbitrary for the imposition of such penalty on a student who seeks an immediate exit from a seat joined, without actually and factually working thereunder, or those who have recently joined, was further argued in the petition. The bench comprising of justice LN Rao and the Justice BR Gavai observed and directed the petitioner to mention the same before the bench headed by Justice Chandrachud of the writ petition listed.
Advocate Salvador Santosh Rebello, filled the petition.