J U D G M E N T

% 02.05.2024

1. Students who, after clearing their Class XII examination, following a 10+2 course of study, desire admission to medical or dental colleges, have to undergo the National Eligibility-cum-Entrance Test – Undergraduate (NEET-UG), which is conducted by the National Testing Agency (NTA).

2. As per the Central Pool MBBS/BDS Seats Allocation Scheme (CPMSA Scheme) students who passed the NEET-UG examination belong to certain specified categories are placed in the Central pool.

3. As per guidelines for allocation of Central Pool MBBS/BDS seats for the academic year 2021-2022 issued vide O.M. dated 14 October 2021 through the Ministry of Health and Family Welfare (MoHFW), Pradhan Mantri Rashtriya Bal Puraskar (PMRBP) winning children were entitled to be part of the Central Pool under the Ministry of Women and Child Development (MoWCD).

4. Vide OMs dated 4 August 1992 and 27 February 2014 issued by MoHFW, two seats were allocated to the Ministry of Human Resource Development (MoHRD)/Indian Council for Child Welfare (ICCW) for allocation to eligible National Bravery awardees. The statement indicating the allocation of MBBS/BDS seats from the Central Pool quota for beneficiary Central Ministries/departments, as enclosed with the said O.M.s indicates that two seats were allocated for National Bravery Award winners to the ICCW.

5. Similarly, vide O.M. dated 13 August 2018, the MoHFW allocated two seats to the MoHRD/ICCW for eligible National Bravery Awardees. The statement annexed to the said O.M. also indicated that two seats were allocated to the ICCW for National Bravery Awardees.

6. For the academic year 2020-2021, O.M. dated 9 April 2020 issued by the MoHFW notified the guidelines for allocation of General Pool MBBS/BDS seats. Clause 3 thereof provides for reservation under the Ministry of Women and Child Development (MoWCD) for eligible awardees of the PMRBP.

7. On 23 November 2020, the MoHFW issued a statement indicating allocation of MBBS/BDS seats from the Central Pool quota for beneficiary Central Ministries/Departments. Three seats were allocated for PMRBP awardees. Similarly, in O.M. dated 3 February 2022, the MoHFW allocated two seats to the MoHRD/ ICCW for allocation to eligible National Bravery Awardees. The statement of allocation of MBBS/BDS seats from the Central Pool quota for beneficiaries Central Ministry/Departments as annexed with the said O.M. indicated that two seats were allocated to the MoWCD for PMRBP awardees.

8. The NTA conducted the NEET (UG)-2022 Entrance Examination on 17 July 2022. Subsequently, the Uttar Pradesh NEET (UG)-2022 counselling dates were also notified by the Directorate of Medical Education and Training. The petitioner applied for participation in the 2022 counselling for the NEET (UG) 2022 and the UP NEET (UG)-2022 to be conducted on 11 October 2022 and 26 October 2022 respectively.

9. On 20 September 2022, the MoWCD informed the petitioner that the quota for PMRBP awardees in the Central Pool Scheme for the MoWCD had been discontinued and that the seats allocated in this regard had been surrendered to the MoHFW under email dated 21 September 2022.

10. The results of the NEET (UG) 2022 examination were notified on 8 September 2022. The petitioner scored 85.566123 percentile.

11. The petitioner applied to MoWCD for nomination of his name against Central Pool MBBS seats for the academic year 2022-2023. In the said application, it was stated that the petitioner was a PMRBP 2021 awardee. The MoWCD, however, informed the petitioner vide letter dated 20 September 2022 that it had discontinued the quota for PMRBP awardees in MBBS/BDS under the Central Pool Scheme and surrendered the seats mentioned for the PMRBP awardees to the MoHFW.

12. In the guidelines for allocation of Central Pool MBBS/BDS seats for the academic year 2022-2023, notified vide O.M. dated 30 September 2022 issued by the MoHFW, PMRBP awardees were excluded. Thus, while there was a specific provision for PMRBP awar