The Supreme Court in the case observed Neppali Sai Vikash and Or’s. V. Union of India and Or’s refused to entertain the plea of NEET-PG 2021 for reduction of the cut-off by 5 percentiles.
the Central Government has acknowledged the applicability of this power under proviso to Regulation 9 (3) of the Post Graduate Medical Education Regulations, 2000, and it has already revised the cut-off marks on 14.07.2020. Hence, in exercising this power the revised cut-off marks have not resulted in any considerable increase in the number of admissions in the vacant P.G. seats. Therefore, the Central Government may completely relax the minimum eligibility requirement/ cut off marks in light of the present situation of the ongoing COVID19 Pandemic.
The Post Graduate Medical Education Regulations, 2000 the Proviso to the Regulation 9 (3) provides the power of the central Government to lower the minimum marks required for admission to postgraduate courses for candidates of respective categories in its discretion and consultation to MCI (now National Medical Commission) when a sufficient number of candidates of respective categories in its discretion and in consultation with MCI (now NMC) when a sufficient number of candidates in respective categories fail to secure minimum marks as prescribed in NEET-PG for any particular academic year.
The petitioner contended that a further reduction of 5 percentile would result in students gaining more admission. The petitioner also further contended that reduction of the same may be considered in light of the decision taken by the Union Government last year for reduction of the same by 20 percentile Advocate Prashant Bhushan, appearing for the petitioner further submitted that pursuant to the reduction of the qualifying percentile, there were 1500 seats which were vacant.
Aishwarya Bhati, an Additional Solicitor General contended that a total of 6206 seats were available in the mop up round and after 4747 candidates joined, 1459 seats remained vacant and further she said that 1177 seats have been allotted leaving only 288 seats vacant. Results were to be declared on May 2 2022 and the last date for reporting is May 7. It was also her contention that the seats which are vacant pertain to pre para subjects which are teaching subjects for which the seats generally remain vacant. Appearing for the Ministry of Health and Family Welfare she further tendered a statement placing on record certain data. Relying on the said statement, she said that initially 92,000 candidates were eligible for counselling for 40,000 seats which were available at PG stage & after lowering of percentile, another 25,000 candidates became eligible.
The bench comprising of Justice DY Chandrachud and Justice Surya Kant stated that the Reduction of 5 percentile would be trenching upon the academic/ policy domain and the court finds no merit in this MA. The Bench further stated that the Union Government took the decision after due consideration of reducing the percentile of 15 and this court would not be inclined to interfere unless there is any manifest arbitrariness.