Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) No. OF 2020
(D.No.11011 of 2020)
Alapati Jyotsna & Others …Petitioners
VERSUS
Union of India & Others …Respondents
J U D G M E N T
Uday Umesh Lalit, J.
1. This Petition under Article 32 of the Constitution of India seeks
appropriate orders directing the Respondents to conduct “single counselling”
for filling up seats in the Post Graduate Medical Courses leading to Degrees
and Diplomas and the seats in DNB (Diplomate of National Board) Courses.
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
2
2. On 01.11.2019, a Notification was issued and Information Bulletin was
published for holding NEET-PG1 2020 examination. The relevant portions of
the Information Bulletin are as under:-
“…
SCOPE OF NEET-PG 2020
NEET-PG 20202 shall be the single qualifying cum
ranking examination for admission to Post Graduate
MD/MS/Diploma Courses for the academic session
2020 which will include the following:
i. All India 50% quota seats (all States & UT’s)
ii. State quota seats. (including the UT’s)
iii. All Private Medical Colleges, Institutions &
Universities/ Deemed Universities all across the
country
iv. Armed Forces Medical Services Institutions
v. DNB (Post MBBS) Courses.
…
…
3. GENERAL INSTRUCTIONS, TERMS AND
CONDITIONS
3.1 NEET-PG 2020 is a qualifying-cum-ranking
examination for admission to MD/MS/Post Graduate
Diploma Courses of 2020 admission session. NEETPG 2020 will be conducted by National Board of
Examinations. Candidates may note that NBE has no
role regarding counselling and allotment of seats
except for DNB courses. NBE will not entertain any
queries regarding availability of seats, counselling and
allotment of seats other than for DNB Courses.
…..
…..
15. COUNSELLING FOR PG SEATS
1 National Eligibility cum Entrance Test (Post Graduate)
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
3
The Merit Based Counselling for allotment of PG seats
shall be in accordance with gazette notification dated
31.07.2017. As per the Gazette notification:
“The Designated Authority for counselling for the 50%
All India Quota seats of the contributing States, as per
the existing scheme for Diploma and M.D./M.S.
courses shall be the Directorate General of Health
Services, Ministry of Health and Family Welfare,
Government of India. Further, the Directorate General
of Health Services, Ministry of Health and Family
Welfare, Government of India shall conduct
counselling for all post graduate courses (Diploma,
M.D./M.S.,D.M/M.Ch) in Medical Education
Institutions of the Central Government, Universities
established by an Act of Parliament and the Deemed
Universities.
The counselling for admission to Diploma and
M.D./M.S. in all Medical Educational Institutions in a
State/Union Territory, including, Medical Education
Institutions established by the State Government
University established by an Act of State/Union
Territory Legislature, Municipal Bodies Trust, Society,
Company or Minority institution shall be conducted by
the State/Union Territory Government.
The counselling authorities for allotment of various
types of seats to eligible and successful candidates is as
follows:
S. No. Types of
seats
Counselling
Authority
1. All India 50% quota
AFMS and ESI
Institutions Medical
Educational Institutions
of Central Govt.
Universities established
by an Act of Parliament
Deemed Universities.
Directorate
General of
Health Services,
Ministry of
Health & Family
Welfare, Govt.
of India
Website:
www.mcc.nic.in
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
4
2. State quota seats in All
Medical Institutions in a
State and seats in
institutions established
by State Govt.,
Universities established
by Act of State/Union
Territory Legislature,
Municipal Bodies Trust,
Society, Company or
Minority Institutions.
State
Government or
authority
designated by
the State
Government.
Candidates are advised to regularly visit the website of
MCC, NBE & State Counselling Authorities for latest
updates. … …
17. NEET PG FOR DNB COURSES
The merit list of NEET-PG 2020 shall be utilized by
National Board of Examinations for admission to
various Post MBBS DNB courses. No separate DNB
CET shall be conducted.
…
17.3 ALLOTMENT OF SEATS
The allotment of seats will be done by NBE based on
NEET-PG 2020 marks and merit position.
NBE will publish a separate information bulletin for
admission to Post MBBS DNB courses.”
3. The petitioners 1 to 4 appeared in the examination and secured ranks
35057, 35071, 45906 and 39667 respectively. In the counselling undertaken
by the Medical Counselling Committee, going by their ranks, the petitioners
could not get Degree courses or courses of their choice. Their grievance is that
it is only after the regular seats of Post Graduate Courses leading to Degree and
Diploma are exhausted that the counselling for DNB courses is undertaken; and
those who have secured any seat in courses leading to Degrees and Diplomas
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
5
are disentitled to lay any claim for DNB courses. Their grievance as culled out
in one of the grounds taken in the Writ Petition is as under:-
“V. Because the candidates like the petitioners are
being deprived of their choice of allotment as the
counselling for DNB seats is not being conducted by
the Medical Counselling Committee. The All India
quota consists of various kinds of seats including
payment seats and free seats. Suppose the petitioners
select a payment seat or a discipline about which they
are not keen, they cannot opt out and wait for
counselling by the National Board of Examinations for
DNB seats. They may or may not be allotted seat in
DNB courses. If the counselling is conducted through
a single stream for the DNB courses also, the
candidates will be free to opt for either a payment seat
of a seat in DNB courses. Now as they are not sure of
getting a seat in DNB, they cannot forfeit their seat in
the MD and MS courses through the same are not of
their choices.”
4. This Writ Petition came up on 29.04.2020 when the following order was
passed by this Court:-
“Mr. Anumolu submitted that NEET Examination
is the qualifying examination for admissions to Post
Graduate courses leading to Degrees of MS and MD as
well as various Diplomas, whereafter the rankings in
the NEET Examination are taken into account to fill up
the seats available for Diplomate of National Board
(DNB) Courses. However, the candidates who are
selected either for said Post Graduate Degree or
Diploma Courses are not entitled to put in their
candidature for DNB Courses.
Mr. Anumolu further submitted that DNB Courses
have been made equivalent to Post Graduate Degrees
of MS and MD. Resultantly the candidates who may
get selected for Diploma Courses would thereafter lose
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
6
the chance to be considered for courses like DNB
which are equivalent to Degree courses and would thus
be put to great prejudice.
Issue notice, returnable on 08.05.2020.”
5. Thereafter concerned respondents put in their appearances and
considering the urgency in the matter, all the learned counsel were finally heard
on 08.05.2020 at the notice stage. At the request of the learned counsel
appearing for the respondents they were granted some time to place on record
their responses along with relevant documents and material.
6. The submissions in the affidavit in reply of the National Board of
Examination which is the designated authority to conduct NEET-PG 2020
Examination are as under:-
“10. It is respectfully submitted that the rank obtained
by a candidate in the NEET-PG is utilized for various
counsellings including All India Quota, State Quota
and DNB seats.
11. It is respectfully submitted that the counselling of
All India Quota seats of post graduate medical courses
is being conducted by the Medical Counselling
Committee, DGHS, Central Government (hereinafter
referred to as “MCC”) First round of which
commenced on 12.03.2020 and was ultimately
complete by 24.4.2020 with various candidates joining
the allotted institutes, the details whereof are set out in
the affidavit of the Union of India. In terms of letter
U-12021/44/2019-MEC dated 06.05.2020 issued by
the MCC, time to resign from the allotted institute
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
7
through First round of counselling, has been extended
to 12.5.2020 in view of the COVID 19 Pandemic.
12. It is respectfully submitted that in the meanwhile,
the answering respondent vide notice dated 1.5.2020
had initiated their counselling process for the DNB
seats and the 1
st Round of Counselling for DNB seats
has commenced on 8.5.2020.”
… … …
14. It is therefore respectfully submitted that since
the counselling process for the DNB seats has already
been initiated vide public notice dated 1.5.2020 and the
DNB seat matrix is already out, candidates can
reasonably assess their options on the basis of their
merit in the NEET-PB Examination, 2020.
15. It is respectfully submitted that in terms of the
extant counselling process, a candidate who has
participated in the first round AIQ can also participate
in the first round DNB, the results whereof will be
declared by 22.05.2020. If the candidate prefers the
allotment made to him in the 1st Round DNB to the
allotment made to him in the 1st Round AIQ, he can opt
for the same. If on the other hand he is not satisfied
with either, he can move out and seek to participate in
the further rounds of AIQ Counselling and DNB
Counselling, in accordance with the terms and
conditions are set out in the respective brochures for
the same. It is therefore submitted that the grievance
of petitioner that they are not given sufficient
opportunity and choice is even otherwise
misconceived.
… … …
17. It is respectfully submitted that as on 12.05.2020,
13527 candidates have registered for the counselling
for the DNB seats and the answering Respondent has
floated 3069 DNB (Post MBBS) seats for the First
round of counselling. It is relevant to mention herein
that few DNB (Post MBBS) seats are likely to be added
in the Second round of counselling.
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
8
… … …
COMMON COUNSELLING FOR THE NEXT
ADMISSION SESSION OF 2021:
19. It is submitted that after some deliberations
between Ministry of Health & Family Welfare, Govt.
of India and the answering Respondent, the answering
Respondent agreed “in principle” for consideration for
conducting common counselling for DNB PG seats
alongwith MD/MS seats from the next year and
accordingly a letter dated 27/02/2020 was sent to the
Ministry of Health & Family Welfare, Govt. of India.”
7. The Medical Council of India in its response submitted:-
“7. It is submitted that at the post-graduate level in the
field of Medicine the specialty/subjectare divided
under two categories-Clinical and Non-clinical. It is
relevant to submit that the preference of every student
is to first get a seat in Clinical subjects, and then aim
for securing a seat in their preferred Clinical subject in
which the student is desirous of taking admission and
pursue further studies. Seats in Non-Clinical subjects
at the post-graduate level are not the preferred choice
of students and there are very few students who opt for
these seats.
8. It is humbly submitted that at the post graduate
level the entire counselling process from the
perspective of the students revolves around the
specialty/subject in which the student is able to secure
the seat based on their rank in the NEET examination.
It is further submitted that generally students prefer to
opt for Diploma or DNB course in Clinical subject over
Post Graduate Degree Course in Non-Clinical subject.
9. It is further submitted that the objective behind
conducting online common counselling is to provide a
level playing field to all the candidates. It ensures that
the meritorious students as per their NEET rank are
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
9
given the first preference to opt for the
subject/specialty in which they intend to take
admission, subject to the availability of seats in
Clinical and Non-Clinical subjects. Further, online
common counselling conducted by DGHS is a single
window system to allot seats in PG Medical Courses
(MD/MS/and Diploma seats). It would benefit the
students to include DNB courses in the said online
common counselling, thereby, giving the students
equal opportunity to compete for all the available seats
in the above-mentioned courses.
10. In the respectful submission of the answering
respondent, it would be in the larger interest of the
students that they are given the option of choosing
between MD/MS and Diploma seats as well as DNB
courses in the online common counselling conducted
by DGHS. In other words, the allotment of seats in
DNB courses may be done by the DGHS at the time of
online common counselling for All India Quota seats
in MD/MS and Diploma seats. This will ensure that
the students have the option of choosing seats of their
choice in MD/MS and Diploma seats as well as DNB
seats.
11. It is further submitted that as far as the admission
for the academic year 2020-21 is concerned the 1st
round of counselling for 50% All India Quota seats in
MD/MS/Diploma and MDS courses is already
concluded and seats have been allotted to the students.
In the respectful submission of the answering
respondent, at this juncture, to turn the clock back and
redo the whole exercise will lead to a complete and
avoidable chaos. It is most humbly and respectfully
submitted that direction, if any, be passed by this
Hon’ble Court may be made applicable from the next
academic session 2021-22.”
8. The stand taken by the Union of India, Ministry of Health and Family
Welfare is to the following effect:-
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
10
“11. The petitioners herein were well aware in the
month of November, 2019 that there are two systems
of P.G. Medical counselling, for MD/MS Courses the
counselling for 50% AIQ/Central Universities/Deemed
Universities/Central Institutes is conducted by Medical
Counselling Committee (MCC) and for the remaining
50% State Quota seat is done by respective DMEs.
Further, it was also categorically mentioned that
counselling for DNB seats is to be done by National
Board of Examination at their level as per NBE Rules
and Regulations for admission to various Post
Graduate DNB Courses on the basis common merit
which students get through NEET-PG Examination.
Despite being well aware that there would not be
common counselling and it may result in a scenario
where they have to choose between the two, the
petitioners choose not to challenge it at the relevant
time.
… … …
15. As per the schedule for first round of counselling
total 41,903 candidates had participated in the NEET
PG, 2020 Counselling (Medical and Dental) and
14,381 Candidates had been allotted a seat through the
NEET PG Counselling, 2020 (Medical & Dental) and
9,071 Candidates have joined the allotted college either
by online or physical reporting to the
concerned/allotted college (Medical & Dental) till
24.04.2020 upto 05:00 p.m.
… … …
22. The answering Respondent is ready and willing to
conduct a common Counselling for MD/MS and DNB
Courses from the next academic session i.e. 2021-22.”
9. As stressed in the responses of the National Board of Examination as
well as of the Ministry of Health and Family Welfare the counselling and
consequential process of admission is now at an advanced stage. The
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
11
submission made by the petitioners, if accepted at this stage, would result in
complete disturbance of the process of admission for the present year. At the
same time the submission raised by the petitioners has found acceptance in the
response of the Medical Council of India particularly in paragraphs 8 and 10.
Insofar as the present year is concerned, in view of the amendments to the
Schedule as a result of Covid 19 Pandemic, a window of opportunity was still
available to the concerned candidates as stated in paragraph 15 of the response
filed by the National Board of Examination.
10. Since the petitioners have approached the Court at a stage where the
entire process has been undertaken and many candidates have been allocated
various courses in the Counselling, we do not deem it appropriate to pass any
direction for the present year. However, going by the assertions made in the
response filed by the Medical Council of India, we may observe that a common
counselling or single online counselling in the coming years would definitely
take care of any similar grievance. Even paragraph 19 of the response filed by
the National Board of Examination, the designated authority to conduct NEETPG, 2020 Examination accepts that said authority is agreeable “in principle” to
conduct common counselling from the next year.
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
12
11. Consequently, while refusing to pass any directions in so far as the
present year is concerned, we hope that the authorities will be able to have
common counselling for DNB PG seats along with all Post Graduate seats
leading to Degrees and Diplomas as set out in paragraph 19 of the response of
the National Board of Examination so also in paragraph 22 of the response of
Ministry of Health and Family Welfare for coming years starting with NEETPG 2021 Examination.
12. This Writ Petition stands disposed of accordingly.
.………..…..……..……J.
(Uday Umesh Lalit)
..………….……………J.
(Dinesh Maheshwari)
New Delhi;
May 26, 2020.
Alapati Jyotsna & Others vs. Union of India & Others
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) No. OF 2020
(D.No.11011 of 2020)
Alapati Jyotsna & Others …Petitioners
VERSUS
Union of India & Others …Respondents
J U D G M E N T
Uday Umesh Lalit, J.
1. This Petition under Article 32 of the Constitution of India seeks
appropriate orders directing the Respondents to conduct “single counselling”
for filling up seats in the Post Graduate Medical Courses leading to Degrees
and Diplomas and the seats in DNB (Diplomate of National Board) Courses.
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
2
2. On 01.11.2019, a Notification was issued and Information Bulletin was
published for holding NEET-PG1 2020 examination. The relevant portions of
the Information Bulletin are as under:-
“…
SCOPE OF NEET-PG 2020
NEET-PG 20202 shall be the single qualifying cum
ranking examination for admission to Post Graduate
MD/MS/Diploma Courses for the academic session
2020 which will include the following:
i. All India 50% quota seats (all States & UT’s)
ii. State quota seats. (including the UT’s)
iii. All Private Medical Colleges, Institutions &
Universities/ Deemed Universities all across the
country
iv. Armed Forces Medical Services Institutions
v. DNB (Post MBBS) Courses.
…
…
3. GENERAL INSTRUCTIONS, TERMS AND
CONDITIONS
3.1 NEET-PG 2020 is a qualifying-cum-ranking
examination for admission to MD/MS/Post Graduate
Diploma Courses of 2020 admission session. NEETPG 2020 will be conducted by National Board of
Examinations. Candidates may note that NBE has no
role regarding counselling and allotment of seats
except for DNB courses. NBE will not entertain any
queries regarding availability of seats, counselling and
allotment of seats other than for DNB Courses.
…..
…..
15. COUNSELLING FOR PG SEATS
1 National Eligibility cum Entrance Test (Post Graduate)
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
3
The Merit Based Counselling for allotment of PG seats
shall be in accordance with gazette notification dated
31.07.2017. As per the Gazette notification:
“The Designated Authority for counselling for the 50%
All India Quota seats of the contributing States, as per
the existing scheme for Diploma and M.D./M.S.
courses shall be the Directorate General of Health
Services, Ministry of Health and Family Welfare,
Government of India. Further, the Directorate General
of Health Services, Ministry of Health and Family
Welfare, Government of India shall conduct
counselling for all post graduate courses (Diploma,
M.D./M.S.,D.M/M.Ch) in Medical Education
Institutions of the Central Government, Universities
established by an Act of Parliament and the Deemed
Universities.
The counselling for admission to Diploma and
M.D./M.S. in all Medical Educational Institutions in a
State/Union Territory, including, Medical Education
Institutions established by the State Government
University established by an Act of State/Union
Territory Legislature, Municipal Bodies Trust, Society,
Company or Minority institution shall be conducted by
the State/Union Territory Government.
The counselling authorities for allotment of various
types of seats to eligible and successful candidates is as
follows:
S. No. Types of
seats
Counselling
Authority
1. All India 50% quota
AFMS and ESI
Institutions Medical
Educational Institutions
of Central Govt.
Universities established
by an Act of Parliament
Deemed Universities.
Directorate
General of
Health Services,
Ministry of
Health & Family
Welfare, Govt.
of India
Website:
www.mcc.nic.in
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
4
2. State quota seats in All
Medical Institutions in a
State and seats in
institutions established
by State Govt.,
Universities established
by Act of State/Union
Territory Legislature,
Municipal Bodies Trust,
Society, Company or
Minority Institutions.
State
Government or
authority
designated by
the State
Government.
Candidates are advised to regularly visit the website of
MCC, NBE & State Counselling Authorities for latest
updates. … …
17. NEET PG FOR DNB COURSES
The merit list of NEET-PG 2020 shall be utilized by
National Board of Examinations for admission to
various Post MBBS DNB courses. No separate DNB
CET shall be conducted.
…
17.3 ALLOTMENT OF SEATS
The allotment of seats will be done by NBE based on
NEET-PG 2020 marks and merit position.
NBE will publish a separate information bulletin for
admission to Post MBBS DNB courses.”
3. The petitioners 1 to 4 appeared in the examination and secured ranks
35057, 35071, 45906 and 39667 respectively. In the counselling undertaken
by the Medical Counselling Committee, going by their ranks, the petitioners
could not get Degree courses or courses of their choice. Their grievance is that
it is only after the regular seats of Post Graduate Courses leading to Degree and
Diploma are exhausted that the counselling for DNB courses is undertaken; and
those who have secured any seat in courses leading to Degrees and Diplomas
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
5
are disentitled to lay any claim for DNB courses. Their grievance as culled out
in one of the grounds taken in the Writ Petition is as under:-
“V. Because the candidates like the petitioners are
being deprived of their choice of allotment as the
counselling for DNB seats is not being conducted by
the Medical Counselling Committee. The All India
quota consists of various kinds of seats including
payment seats and free seats. Suppose the petitioners
select a payment seat or a discipline about which they
are not keen, they cannot opt out and wait for
counselling by the National Board of Examinations for
DNB seats. They may or may not be allotted seat in
DNB courses. If the counselling is conducted through
a single stream for the DNB courses also, the
candidates will be free to opt for either a payment seat
of a seat in DNB courses. Now as they are not sure of
getting a seat in DNB, they cannot forfeit their seat in
the MD and MS courses through the same are not of
their choices.”
4. This Writ Petition came up on 29.04.2020 when the following order was
passed by this Court:-
“Mr. Anumolu submitted that NEET Examination
is the qualifying examination for admissions to Post
Graduate courses leading to Degrees of MS and MD as
well as various Diplomas, whereafter the rankings in
the NEET Examination are taken into account to fill up
the seats available for Diplomate of National Board
(DNB) Courses. However, the candidates who are
selected either for said Post Graduate Degree or
Diploma Courses are not entitled to put in their
candidature for DNB Courses.
Mr. Anumolu further submitted that DNB Courses
have been made equivalent to Post Graduate Degrees
of MS and MD. Resultantly the candidates who may
get selected for Diploma Courses would thereafter lose
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
6
the chance to be considered for courses like DNB
which are equivalent to Degree courses and would thus
be put to great prejudice.
Issue notice, returnable on 08.05.2020.”
5. Thereafter concerned respondents put in their appearances and
considering the urgency in the matter, all the learned counsel were finally heard
on 08.05.2020 at the notice stage. At the request of the learned counsel
appearing for the respondents they were granted some time to place on record
their responses along with relevant documents and material.
6. The submissions in the affidavit in reply of the National Board of
Examination which is the designated authority to conduct NEET-PG 2020
Examination are as under:-
“10. It is respectfully submitted that the rank obtained
by a candidate in the NEET-PG is utilized for various
counsellings including All India Quota, State Quota
and DNB seats.
11. It is respectfully submitted that the counselling of
All India Quota seats of post graduate medical courses
is being conducted by the Medical Counselling
Committee, DGHS, Central Government (hereinafter
referred to as “MCC”) First round of which
commenced on 12.03.2020 and was ultimately
complete by 24.4.2020 with various candidates joining
the allotted institutes, the details whereof are set out in
the affidavit of the Union of India. In terms of letter
U-12021/44/2019-MEC dated 06.05.2020 issued by
the MCC, time to resign from the allotted institute
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
7
through First round of counselling, has been extended
to 12.5.2020 in view of the COVID 19 Pandemic.
12. It is respectfully submitted that in the meanwhile,
the answering respondent vide notice dated 1.5.2020
had initiated their counselling process for the DNB
seats and the 1
st Round of Counselling for DNB seats
has commenced on 8.5.2020.”
… … …
14. It is therefore respectfully submitted that since
the counselling process for the DNB seats has already
been initiated vide public notice dated 1.5.2020 and the
DNB seat matrix is already out, candidates can
reasonably assess their options on the basis of their
merit in the NEET-PB Examination, 2020.
15. It is respectfully submitted that in terms of the
extant counselling process, a candidate who has
participated in the first round AIQ can also participate
in the first round DNB, the results whereof will be
declared by 22.05.2020. If the candidate prefers the
allotment made to him in the 1st Round DNB to the
allotment made to him in the 1st Round AIQ, he can opt
for the same. If on the other hand he is not satisfied
with either, he can move out and seek to participate in
the further rounds of AIQ Counselling and DNB
Counselling, in accordance with the terms and
conditions are set out in the respective brochures for
the same. It is therefore submitted that the grievance
of petitioner that they are not given sufficient
opportunity and choice is even otherwise
misconceived.
… … …
17. It is respectfully submitted that as on 12.05.2020,
13527 candidates have registered for the counselling
for the DNB seats and the answering Respondent has
floated 3069 DNB (Post MBBS) seats for the First
round of counselling. It is relevant to mention herein
that few DNB (Post MBBS) seats are likely to be added
in the Second round of counselling.
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
8
… … …
COMMON COUNSELLING FOR THE NEXT
ADMISSION SESSION OF 2021:
19. It is submitted that after some deliberations
between Ministry of Health & Family Welfare, Govt.
of India and the answering Respondent, the answering
Respondent agreed “in principle” for consideration for
conducting common counselling for DNB PG seats
alongwith MD/MS seats from the next year and
accordingly a letter dated 27/02/2020 was sent to the
Ministry of Health & Family Welfare, Govt. of India.”
7. The Medical Council of India in its response submitted:-
“7. It is submitted that at the post-graduate level in the
field of Medicine the specialty/subjectare divided
under two categories-Clinical and Non-clinical. It is
relevant to submit that the preference of every student
is to first get a seat in Clinical subjects, and then aim
for securing a seat in their preferred Clinical subject in
which the student is desirous of taking admission and
pursue further studies. Seats in Non-Clinical subjects
at the post-graduate level are not the preferred choice
of students and there are very few students who opt for
these seats.
8. It is humbly submitted that at the post graduate
level the entire counselling process from the
perspective of the students revolves around the
specialty/subject in which the student is able to secure
the seat based on their rank in the NEET examination.
It is further submitted that generally students prefer to
opt for Diploma or DNB course in Clinical subject over
Post Graduate Degree Course in Non-Clinical subject.
9. It is further submitted that the objective behind
conducting online common counselling is to provide a
level playing field to all the candidates. It ensures that
the meritorious students as per their NEET rank are
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
9
given the first preference to opt for the
subject/specialty in which they intend to take
admission, subject to the availability of seats in
Clinical and Non-Clinical subjects. Further, online
common counselling conducted by DGHS is a single
window system to allot seats in PG Medical Courses
(MD/MS/and Diploma seats). It would benefit the
students to include DNB courses in the said online
common counselling, thereby, giving the students
equal opportunity to compete for all the available seats
in the above-mentioned courses.
10. In the respectful submission of the answering
respondent, it would be in the larger interest of the
students that they are given the option of choosing
between MD/MS and Diploma seats as well as DNB
courses in the online common counselling conducted
by DGHS. In other words, the allotment of seats in
DNB courses may be done by the DGHS at the time of
online common counselling for All India Quota seats
in MD/MS and Diploma seats. This will ensure that
the students have the option of choosing seats of their
choice in MD/MS and Diploma seats as well as DNB
seats.
11. It is further submitted that as far as the admission
for the academic year 2020-21 is concerned the 1st
round of counselling for 50% All India Quota seats in
MD/MS/Diploma and MDS courses is already
concluded and seats have been allotted to the students.
In the respectful submission of the answering
respondent, at this juncture, to turn the clock back and
redo the whole exercise will lead to a complete and
avoidable chaos. It is most humbly and respectfully
submitted that direction, if any, be passed by this
Hon’ble Court may be made applicable from the next
academic session 2021-22.”
8. The stand taken by the Union of India, Ministry of Health and Family
Welfare is to the following effect:-
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
10
“11. The petitioners herein were well aware in the
month of November, 2019 that there are two systems
of P.G. Medical counselling, for MD/MS Courses the
counselling for 50% AIQ/Central Universities/Deemed
Universities/Central Institutes is conducted by Medical
Counselling Committee (MCC) and for the remaining
50% State Quota seat is done by respective DMEs.
Further, it was also categorically mentioned that
counselling for DNB seats is to be done by National
Board of Examination at their level as per NBE Rules
and Regulations for admission to various Post
Graduate DNB Courses on the basis common merit
which students get through NEET-PG Examination.
Despite being well aware that there would not be
common counselling and it may result in a scenario
where they have to choose between the two, the
petitioners choose not to challenge it at the relevant
time.
… … …
15. As per the schedule for first round of counselling
total 41,903 candidates had participated in the NEET
PG, 2020 Counselling (Medical and Dental) and
14,381 Candidates had been allotted a seat through the
NEET PG Counselling, 2020 (Medical & Dental) and
9,071 Candidates have joined the allotted college either
by online or physical reporting to the
concerned/allotted college (Medical & Dental) till
24.04.2020 upto 05:00 p.m.
… … …
22. The answering Respondent is ready and willing to
conduct a common Counselling for MD/MS and DNB
Courses from the next academic session i.e. 2021-22.”
9. As stressed in the responses of the National Board of Examination as
well as of the Ministry of Health and Family Welfare the counselling and
consequential process of admission is now at an advanced stage. The
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
11
submission made by the petitioners, if accepted at this stage, would result in
complete disturbance of the process of admission for the present year. At the
same time the submission raised by the petitioners has found acceptance in the
response of the Medical Council of India particularly in paragraphs 8 and 10.
Insofar as the present year is concerned, in view of the amendments to the
Schedule as a result of Covid 19 Pandemic, a window of opportunity was still
available to the concerned candidates as stated in paragraph 15 of the response
filed by the National Board of Examination.
10. Since the petitioners have approached the Court at a stage where the
entire process has been undertaken and many candidates have been allocated
various courses in the Counselling, we do not deem it appropriate to pass any
direction for the present year. However, going by the assertions made in the
response filed by the Medical Council of India, we may observe that a common
counselling or single online counselling in the coming years would definitely
take care of any similar grievance. Even paragraph 19 of the response filed by
the National Board of Examination, the designated authority to conduct NEETPG, 2020 Examination accepts that said authority is agreeable “in principle” to
conduct common counselling from the next year.
Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Alapati Jyotsna & Others vs. Union of India & Others
12
11. Consequently, while refusing to pass any directions in so far as the
present year is concerned, we hope that the authorities will be able to have
common counselling for DNB PG seats along with all Post Graduate seats
leading to Degrees and Diplomas as set out in paragraph 19 of the response of
the National Board of Examination so also in paragraph 22 of the response of
Ministry of Health and Family Welfare for coming years starting with NEETPG 2021 Examination.
12. This Writ Petition stands disposed of accordingly.
.………..…..……..……J.
(Uday Umesh Lalit)
..………….……………J.
(Dinesh Maheshwari)
New Delhi;
May 26, 2020.
