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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J.
Dr. Chennamsetty Teja – Petitioner
Versus
Union of India and Others – Respondents
W.P. Nos. 13592, 13978 of 2022, W.M.P. Nos. 12805, 12808, 13232, 13586 of 2022
Decided On : 15-07-2022
Writ Petition - Medical Counselling - NEET - Super Speciality - [Article 226, Writ of Mandamus, Medical Counselling Committee, NEET-SS] - These matters relate to filling up of unfilled seats in the Super Speciality Medical courses. The court considered whether a selected candidate who has resigned after the second round of counselling can claim waiver of the bond conditions and whether an unsuccessful candidate has locus standi to seek a special round of counselling to fill up vacant seats due to the resignation of successful candidates. The court dismissed the petitions, holding that the resigned seats cannot be filled after the deadline set by the counselling scheme and the admission process must adhere to the time schedule.
Fact of the Case:
The petitioners, who were allotted Super Speciality seats, resigned after the second round of counselling due to personal reasons. They sought to fill the resigned seats through mop-up counselling, but the respondents did not include the seats, leading to the filing of writ petitions.
Finding of the Court:
The court found that the resigned seats cannot be filled after the deadline set by the counselling scheme and the admission process must adhere to the time schedule. It held that conducting a special counselling at this stage would violate the strict time schedule for admission to Super Speciality courses.
Issues: The issues involved whether the resigned seats can be filled after the deadline, whether the candidates can claim waiver of bond conditions, and whether unsuccessful candidates have locus standi to seek special counselling to fill up vacant seats.
Ratio Decidendi: The court relied on the Supreme Court's decision emphasizing the importance of strict adherence to the time schedule for admission to Super Speciality courses and held that conducting a special counselling at this stage would be impermissible.
Final Decision: The court dismissed the writ petitions, stating that the resigned seats cannot be filled after the deadline set by the counselling scheme and the admission process must adhere to the time schedule.
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the 2nd respondent namely the Medical Counselling Committee (MCC) to include the resigned seat i.e. DM Clinical Haematology - CMC Vellore resulting on account of petitioner's resignation on 14.05.2022 and to conduct the mop-up counselling for the above said seat in NEET-SS for the academic year 2021-2022, enabling eligible candidate to opt the said course.
Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the respondents to declare the MD Endocrinology in the 4th respondent institution as a vacant seat, in pursuant to forfeit made by the petitioner in and by mail communication dated 26.04.2022, as contemplated in Question No. 37 and Point (c) answer in the Counselling scheme of All India Quota for NEET - Super Speciality (DM/Mch. And DNBSS) and further direct the 4th respondent to return back all the original certificates to the petitioner without insisting for any penalty charges, and to refund the fee paid by the petitioner and pass necessary orders.
1. These matters relate to filling up of unfilled seats in the Super Speciality Medical courses.
2. The issues that arise for consideration in these writ petitions are as follows:
(b) Whether a candidate who has been unsuccessful to get a seat in the NEET counselling has locus-standi to seek for a special round of counselling to enable him or her to fill up the seats which has fallen vacant on account of the resignation of the successful candidates (petitioners herein) after the second round of counselling.
3. Both these writ petitions have been filed by the candidates, who have been allotted Super Speciality seats in Medical Colleges having been declared successful through NEET counselling, but they have resigned their seats due to certain reasons after the second round of counselling.
4. The Brief facts leading to the filing of W.P. No. 13978 of 2022:
(b) He appeared for the NEET PG Super Speciality Examination in the year 2021.
(c) The 3rd respondent published the counselling Scheme of All India Quota for NEET - Super Speciality (DM/MCh. and DNBSS).
(d) He was allotted with M.D. (Endocrinology) seat in the 1st Round of the counselling in the 4th respondent institution/Christian Medical College (CMC), Vellore and he paid the prescribed fee of Rs. 2,06,725/- through online transfer and submitted his original certificates and executed a Bond in favour of the 4th respondent institution.
(e) He gave his consent to participate in the 2nd Round of counselling for any upgradation of seats.
(f) He claims that due to his family situation, he did not join the 4th respondent/institution.
(g) He resigned his seat in M.D. (Endocrinology) with the 4th respondent institution/CMC through his letter dated 26.04.2022. He claims that since he has resigned, the M.D. (Endocrinology) seat allotted to him is considered to be a vacant seat.
(h) The second Round of counselling results was scheduled to be declared as per the counselling scheme on 26.04.2022. Therefore, according to the petitioner, having tendered his resignation before the declaration of the results for the second Round of counselling, he cannot be made liable to compensate the 4th respondent institution as the resigned seat could have been filled up in the MOP-UP Round of counselling, which was scheduled after the second Round of counselling.
(i) According to the petitioner when he applied for NEET counselling, in the web site question 37(c) and
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