2023 Supreme(Online)(MAD) 22048
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 11.10.2023 CORAM THE HONOURABLE DR. JUSTICE ANITA SUMANTH WP.No.29086 of 2023 & WMP.Nos.28678, 28680 & 28681 of 2023 M.Shriram ... petitioner vs
1 Government of Tamil Nadu Represented by its Secretary.
Department of Health and Family Welfare, Fort St George Chennai- 600 009
2 The Director of Medical Education and Research, 156, Poonamallee High Rd, New Bupathy Nagar, Chetpet, Chennai- 600031.
3 The Secretary Selection Committee Directorate of Medical Education and Research
156, Poonamallee High Rd, New Bupathy Nagar, Chetpet, Chennai 600031.
4 The Secretary, Medical Council of India, Sector -8, Pocket -14, Dwarka, New Delhi – 110077.
5 The Medical Counselling Committee (MCC)
Rep. by Director General of Health Service (DGHS)
Nirman Bhawan, New Delhi – 110108.
(R4 & R5 suo moto impleaded as per order dated
04.10.2023 by this Court in W.P.No.29086 of 2023)
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent in Notification No.154/SCS II (1)/2023/2022 dated 27.09.2023 and the consequential re-allotment/allotment issued by the 2nd respondent for III round of counseling dated 29.09.2023 (published on the official website of the 3rd respondent) and quash the same as being against the prospectus issued by the 2nd respondent and consequently direct the respondents to conduct Mop Up counseling for allotment of Post Graduate seats in General Medicine strictly by following the conditions of the prospectus more specifically clause 27 of the prospectus without allowing the candidates who have joined the seat in the I and II round of counseling and without allowing the candidate who have been allocated a set in the 3rd round of counseling in the All India Quota and accordingly allot the petitioner a seat in the PG General Medicine in any of the Government colleges in the State of Tamil Nadu.
For Petitioner : Ms.Dakshayani Reddy Senior Counsel For Ms.Suneetha .
For Respondents : Mr.KMD.Muhilan (R1 & R2)
Additional Government Pleader Ms.M.Sneha (R3)
Ms.Shubaranjani Ananth (R4)
O R D E R
The All India NEET examinations for Post Graduate (PG) Medical courses were conducted in the State of Tamil Nadu on 5th March, 2023. The petitioner has completed MBBS from the Government Medical College at Chengalpet in the year 2021. He secured All India rank 4479 and State rank
597 in the NEET PG examination.
2. The prospectus for 2023-2024 session for PG courses was issued under a Government Order in G.O.Ms.No.792 dated 05.07.2023 (in short ‘prospectus’). The prospectus envisioned two rounds of counselling (Round I and Round II) and registration by the aspirants on the web portal of the respondents. The two regular rounds were to be followed by a Mop-up Round and Stray Round of counselling.
3. The counselling was conducted online and clauses 24 and 25 of the prospectus that deal with the first round of counselling required the candidates, if selected in the first round, to join the allotted medical college on or before the stipulated time with all required documents. The second round of counselling was to be held thereafter and permitted the following categories of candidates to apply:
i) a candidate who had not registered or choice locked in the first round of online counselling.
ii) a candidate who had been allotted a seat and either not joined, or had resigned the course within the stipulated time.
iii) candidates who retained their allotted seat beyond the stipulated date, those who had availed a re-allotment seat during the second round or who were allotted a seat anew during the second round were not permitted to vacate the seat and thus could not avail the subsequent round of counselling.
iv) candidates who had joined the allotted seat in Round II or further rounds, i.e., Mop-up and the stray rounds of counselling would not be allowed to resign and would also be ineligible to participate in further rounds of counselling.
4. The conduct of Mop-up round as stipulated in the prospectus was as follows:
27. MOP-UP ROUND a. After completion of second round of ONLINE COUNSELLING, the remaining vacancies will be filled up with the candidates from the Rank list by MOPUP ONLINE COUNSELLING.
b. If the candidate is allotted any seat from his /her locked choices in first and second rounds and has joined, then the candidate is not eligible for the Mop-up counseling and subsequent rounds of counseling (as per the Gazette Notification No.MCI-18(1)/2018- Med./100818, Dated 05/08/2018 and the orders of the Supreme Court of India in W.P.(C)No. 174/2022,dated:31.03.2022). From the Mop up phase onwards, restriction has been implemented to candidates in order to avoid lapsing of seats and holding of AIQ seats and State quota seats thus blocking seats. A candidate allotted a seat in Mop-up round in State counseling shall be ineligible to participate in any further counseling. Hence candidates are advised to exercise due diligence in their options and do not file unwanted options to seats in which they do not wish to pursue studies.
Registration fee for Mop-up round: Rs.1000/-
i. Candidates who have been allotted and not joined/resigned/ discontinued with penalty have to pay registration fee to participate in Mop-up round ii. Candidates who freshly register for Mop-up round also need to pay registration fee.
iii. Only Candidates who have not been allotted in round 1 and 2, need not pay registration fees ELIGIBILITY CRITERIA FOR MOPUP ROUND:
i. The candidates who have not been allotted in round I and Round II counselling.
ii. The candidates who have been allotted, but not joined in Round I & Round II of State Quota and All India Quota are eligible to participate in this counselling.
iii. A Candidate who has not registered and not choice locked in the First round or Second round ONLINE COUNSELLING will be permitted to attend mop up rounds of ONLINE COUNSELING.
NON - ELIGIBILITY CRITERIA FORMOPUP ROUND:
i. The candidates who have joined PG course in Round I and (or) Round II of State Counselling are not eligible to participate in Mop Up Counselling.
ii