2022 Supreme(SC) 457

SUPREME COURT OF INDIA
Dhananjaya Y. Chandrachud, Surya Kant, JJ.
Dr R. Dinesh Kumar Reddy & Ors. – Petitioners
Versus
Medical Counselling Committee (MCC) & Ors. – Respondents
Writ Petition (Civil) No.341 of 2022
Decided On : 13-05-2022

IMPORTANT POINT
NEET-PG 2022 examination – Postponement of any examination is replete with serious consequences – Needs of patient care and treatment must be paramount in clash of rival interests between those doctors who have registered for ensuing examination and those who have not registered.

Headnote:

Education – NEET-PG 2022 examination – Petition seeking Postponement of the NEET-PG 2022 examination and Notification of a fresh date for the examination after a period of eight weeks – Academic session has been delayed by a period of four months when compared with schedule which has been prescribed by this Court by its order dated 18th January 2016 – Over two lakh students have registered for the ensuing examination and their schedule would be seriously affected if a further postponement is granted under a direction of this Court – Postponement of exams results in chaos and uncertainty – Currently, only two batches of resident doctors are available because of delay in holding NEET-PG examination, resulting in serious deficiency in required strength of doctors in hospitals – Further postponement of NEET-PG examination would seriously impact availability of patient care and qualified post-graduate doctors – It is likely to have a cascading effect on patient care and on careers of those doctors who have already registered in large numbers for ensuing examination – These matters essentially pertain to policy domain – Unless Court is satisfied that decision which has been taken by authorities is without application of mind to relevant circumstances or was manifestly arbitrary, there would no reason for Court to interfere – Postponement of any examination is replete with serious consequences – While one body of students may be interested in seeking a postponement, there will be a large number of other students who have registered for examination – Needs of patient care and treatment must be paramount in clash of rival interests between those doctors who have registered for ensuing examination and those who have not registered – Balancing of priorities in administration is a difficult task – Task is entrusted to executive and not to courts – Reliefs which have been sought in these proceedings cannot be granted – Petition dismissed. (Paras 9, 12, 13, 14 and 15)

Facts of the case:

Jurisdiction of this Court under Article 32 of the Constitution has been invoked by MBBS graduate doctors who have appeared for the NEET – PG 2021 and have participated in the ongoing counselling process for 2021-2022. Their grievance pertains to the schedule which has been prescribed by the National Board of Examinations1 for holding the NEET-PG 2022 examination. Grievance of the petitioners is that they have not been allowed fair opportunity to participate, which violates their fundamental rights particularly under Articles 14 and 21 of Constitution.

Findings of Court:

As the country gets back on rails after the dislocation which was caused due to the Covid-19 pandemic, it is necessary that the decision which has been taken by Union Ministry of Health and Family Welfare of adhering to the time schedule must be accepted. An important consideration which has weighed in the decision not to postpone the NEET-PG 2022 examination is that any delay in conducting the examination will lead to a fewer number of resident doctors in hospitals.

Result : Petition dismissed.