Are meritorious being treated as reserved category in NEET PG, SC asks Centre

The Supreme Court on Tuesday sought to know from the Union government if reserved category candidates who secured general category marks in NEET PG 2022 are still being treated as reserved category in All India quota (AIQ) seats.

A bench presided over by Chief Justice D Y Chandrachud asked Additional Solicitor General Aishwarya Bhati to file an affidavit within three days, though she submitted the reservation on roaster basis was being followed in the counselling process.

The court put the plea filed by Pankaj Kumar Mandal and others for hearing on Monday.

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The bench, also comprising Justices Hima Kohli and J B Pardiwala, noted the contention by advocate Prashant Bhushan on behalf of the petitioners that candidates of reserved category, who are sufficiently high on merit to secure a seat against the general category, are treated as reserved category, contrary to the reservation norms.

Bhati, for her part, submitted that allocation of seats for NEET-PG Counselling for AIQ is being carried out as per para 3.1 and 3.2 of the Admission Brochure.

However, an affidavit on behalf of the Union government would be necessary, the bench said.

Bhushan also cited an example of the OBC candidate who secured 73 rank, securing his place in general category but he was put in the reserved category, affecting the prospect of another candidate from the reserved category.

The plea contended that it is a settled position of law that reserved category candidates who are eligible for and qualify for unreserved seats should be admitted against general seats.

The present NEET-PG Counselling 2022 has flouted the well established reservation policy for admissions into PG Medical Courses, though it has been established by a catena of judgements including Ritesh R Sah vs Dr Y L Yamul and Others (1996), Samta Aandolan Samiti and Anr vs Union of India (2014) and Tripurari Sharan and Anr vs Ranjit Kumar Yadav and Anr (2018), the petitioner claimed.

According to the seat matrix released by Medical Counselling Committee, a total of 10,954 seats were available under the All India Quota seats.