D. Y. CHANDRACHUD, SURYA KANT
Neppali Sai Vikash – Appellant
Versus
Union of India – Respondent
Certainly. Based on the provided legal document, here are the key points:
The Supreme Court of India dismissed the miscellaneous application seeking to revive the petition under Article 32 of the Constitution, after finding no merit in the application (!) (!) .
The petitioners had initially sought a reduction in the percentile cutoff for NEET PG admission to fill vacant postgraduate medical seats, which the Union Government had already reduced by 15 percentile (!) .
The court noted that the reduction of 15 percentile had already increased eligibility by approximately 25,000 candidates, and further reduction might not be in the best interest of medical education (!) (!) .
The decision-making process of the Union Government in reducing the percentile was found to be free from manifest arbitrariness, considering the data on seat vacancies, candidate eligibility, and the impact on medical education standards (!) (!) (!) (!) .
The court emphasized that the reduction in eligibility criteria was a policy decision taken after due consultation, and judicial review should not interfere unless there is clear arbitrariness or irrationality (!) .
The court acknowledged that a significant number of seats remained vacant, but the decision to not further reduce the percentile was justified by considerations of merit, quality of medical education, and the potential impact on the academic schedule (!) (!) .
The court referred to prior judgments that addressed similar issues, noting the importance of balancing the need to fill vacancies with maintaining standards of medical training and the integrity of the selection process (!) .
The application for an additional counselling round or further reduction of eligibility criteria was rejected on the grounds that the current process and decisions were reasonable, and further intervention by the court was unwarranted (!) .
The court also disposed of related interlocutory applications, including those for impleadment, as they no longer required orders following the disposal of the main application (!) .
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JUDGMENT
Dr. Dhananjaya Y. Chandrachud, J. - The Miscellaneous Application seeks revival of the petition under Article 32 of the Constitution. The petition was disposed of by an order dated 14 March 2022.
2. The grievance in the petition was that there were vacant post graduate medical seats and a reduction in the percentile fixed for eligibility will ensure that more candidates become eligible to fill up the vacancies.
3. The Union Government in the Ministry of Health and Family Welfare1["MoH&FW"] took a decision on 12 March 2022 to carry out a reduction of 15 percentile across all categories for admission to NEET PG courses. For the general category, the cut-off percentile has been fixed at 35, for the physically handicapped category at 30 and for the reserved SC/ST categories at 25.
4. Mr. Prashant Bhushan, counsel appearing on behalf of the petitioners, submits that even with the reduction which has been effected, there are still about 1,500 seats which are vacant in the states' quota and, hence, if a further reduction of 5 percentile is effected, some more candidates would be
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