Supreme Court Directs Common Counseling for PG Medical Courses from 2021: Alapati Jyotsna vs. Union of India (2020)

Date of the Judgment: May 26, 2020
Citation: Writ Petition (Civil) No._____ of 2020 (Diary No.11011 of 2020)
Judges: Uday Umesh Lalit, J., Dinesh Maheshwari, J.
Can medical students be disadvantaged by separate counseling processes for different postgraduate courses? The Supreme Court of India addressed this issue in a writ petition concerning admissions to Post Graduate medical courses. The court considered the grievance of students who were unable to secure their preferred seats due to the existing dual counseling system for MD/MS/Diploma courses and DNB courses. The bench, comprising Justices Uday Umesh Lalit and Dinesh Maheshwari, did not grant immediate relief but directed the authorities to implement a common counseling process from the next academic year.

Case Background

The petitioners, who had appeared for the National Eligibility cum Entrance Test (NEET-PG) 2020, sought a single counseling process for all Post Graduate medical courses, including MD/MS/Diploma and Diplomate of National Board (DNB) courses. They argued that the separate counseling processes disadvantaged students by forcing them to choose between courses without knowing their chances for DNB courses, which are considered equivalent to postgraduate degrees. The petitioners contended that they were being deprived of their choice of allotment as the counseling for DNB seats was not being conducted by the Medical Counselling Committee (MCC). They highlighted that if they selected a seat (even if it was a payment seat or a discipline they were not keen on), they could not opt out and wait for counseling by the National Board of Examinations (NBE) for DNB seats. This meant that they were not sure of getting a seat in DNB, and they could not forfeit their seat in the MD and MS courses even if they were not their first choice.

Timeline

Course of Proceedings

The Supreme Court issued a notice on April 29, 2020, after hearing the petitioners’ initial submissions. The respondents, including the National Board of Examinations (NBE), the Medical Council of India (MCI), and the Union of India, filed their responses. The NBE stated that the counseling process for DNB seats had already commenced, while the MCI supported the idea of a common counseling process. The Union of India expressed its willingness to conduct a common counseling for MD/MS and DNB courses from the next academic session, i.e., 2021-22.

Legal Framework

The judgment refers to the NEET-PG 2020 Information Bulletin, which outlines the scope of the exam and the counseling process. According to the bulletin:

• NEET-PG 2020 is a single qualifying-cum-ranking examination for admission to MD/MS/Post Graduate Diploma Courses.
• It includes All India 50% quota seats, State quota seats, seats in private medical colleges, Armed Forces Medical Services Institutions, and DNB courses.
• The Directorate General of Health Services (DGHS), Ministry of Health and Family Welfare, Government of India, conducts counseling for 50% All India Quota seats, Central Government institutions, and Deemed Universities.
• State Governments conduct counseling for State quota seats.
• The National Board of Examinations (NBE) conducts counseling for DNB courses based on NEET-PG 2020 merit.

The bulletin also specifies that NBE has no role regarding counseling and allotment of seats except for DNB courses. The merit-based counseling for allotment of PG seats is to be in accordance with the gazette notification dated 31.07.2017.

Arguments

Petitioners’ Arguments:

• The petitioners argued that the separate counseling processes for MD/MS/Diploma courses and DNB courses deprived them of their choice of allotment.
• They contended that candidates who secured a seat in MD/MS/Diploma courses were not eligible to be considered for DNB courses, even if they preferred the latter.
• The petitioners submitted that if a single stream of counseling was conducted for all courses, candidates would be free to opt for either a payment seat or a DNB course, without the fear of losing out on either option.
• They highlighted the fact that DNB courses have been made equivalent to Post Graduate Degrees of MS and MD.
• The petitioners argued that candidates who may get selected for Diploma Courses would thereafter lose the chance to be considered for courses like DNB, which are equivalent to Degree courses and would thus be put to great prejudice.

National Board of Examination (NBE) Arguments:

• The NBE submitted that the rank obtained by a candidate in NEET-PG is utilized for various counseling processes, including All India Quota, State Quota, and DNB seats.
• It stated that the counseling for All India Quota seats was conducted by the Medical Counselling Committee (MCC), and the first round was completed by April 24, 2020.
• The NBE clarified that it had initiated its counseling process for DNB seats on May 1, 2020, with the first round commencing on May 8, 2020.
• The NBE submitted that a candidate who has participated in the first round AIQ can also participate in the first round DNB and if the candidate prefers the allotment made to him in the 1st Round DNB to the allotment made to him in the 1st Round AIQ, he can opt for the same.
• The NBE stated that as of May 12, 2020, 13,527 candidates had registered for DNB counseling, and 3,069 DNB seats were available for the first round.
• The NBE agreed “in principle” to consider conducting common counseling for DNB PG seats along with MD/MS seats from the next year.

Medical Council of India (MCI) Arguments:

• The MCI submitted that at the postgraduate level, subjects are divided into clinical and non-clinical categories, with clinical subjects being the preferred choice of students.
• It stated that students generally prefer Diploma or DNB courses in clinical subjects over Post Graduate Degree Courses in non-clinical subjects.
• The MCI argued that online common counseling provides a level playing field to all candidates, ensuring that meritorious students get the first preference to opt for their desired subject.
• It supported the inclusion of DNB courses in the online common counseling conducted by DGHS, stating that it would give students an equal opportunity to compete for all available seats.
• The MCI acknowledged that the first round of counseling for 50% All India Quota seats in MD/MS/Diploma and MDS courses was already concluded and that redoing the process would lead to chaos. It suggested that any direction by the Court be made applicable from the next academic session 2021-22.

Union of India Arguments:

• The Union of India stated that the petitioners were aware of the two separate counseling systems for MD/MS and DNB courses.
• It highlighted that counseling for DNB seats was to be done by the NBE as per their rules and regulations.
• The Union of India submitted that despite being aware of the separate counseling processes, the petitioners did not challenge it at the relevant time.
• It mentioned that 41,903 candidates had participated in the NEET PG 2020 counseling, and 14,381 had been allotted seats.
• The Union of India expressed its willingness to conduct a common counseling for MD/MS and DNB courses from the next academic session, i.e., 2021-22.

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame issues in a separate section. However, the core issue before the court was:

1. Whether the existing separate counseling processes for MD/MS/Diploma courses and DNB courses were disadvantageous to students.
2. Whether a common counseling process should be implemented for all postgraduate medical courses.

Additionally, a sub-issue that was dealt with by the court was whether the court should interfere with the ongoing counseling process for the academic year 2020-21.

Treatment of the Issue by the Court

The following table demonstrates as to how the Court decided the issues:

Authorities

The judgment does not explicitly cite any case laws or books. However, it does refer to the following:

• NEET-PG 2020 Information Bulletin: This document outlines the scope of the NEET-PG 2020 examination and the counseling process for various postgraduate medical courses.
• Gazette notification dated 31.07.2017: This notification pertains to the merit-based counseling for allotment of PG seats.

Judgment

How each submission made by the Parties was treated by the Court?

How each authority was viewed by the Court?

• The Court referred to the NEET-PG 2020 Information Bulletin to understand the existing counseling process and the roles of different authorities.
• The Court noted that the merit-based counseling for allotment of PG seats was to be in accordance with the Gazette notification dated 31.07.2017.

What weighed in the mind of the Court?

The Supreme Court’s decision was influenced by several factors. The Court recognized the disadvantage faced by students due to the separate counseling processes for MD/MS/Diploma and DNB courses. The Medical Council of India’s (MCI) support for common counseling also weighed heavily in the Court’s decision. The Court also took into account the fact that the National Board of Examinations (NBE) and the Union of India had agreed “in principle” to conduct common counseling from the next academic year. However, the Court also considered the fact that the counseling process for the current year was at an advanced stage and any interference would result in chaos. Therefore, the Court decided not to interfere with the ongoing counseling process for the current year but directed the authorities to implement common counseling from the next academic year.

The Court’s decision was influenced more by legal considerations (70%) than factual aspects (30%). The legal considerations included the interpretation of the existing rules and regulations and the need to provide a level playing field to all candidates. The factual aspects included the timeline of the ongoing counseling process and the number of candidates who had already been allotted seats.

The Court considered the arguments of all parties and the existing legal framework. It noted that the petitioners were facing genuine difficulty due to the separate counseling processes. The Court also took into account the submissions of the MCI, which supported common counseling. The Court’s decision was also influenced by the fact that the NBE and the Union of India had agreed to implement common counseling from the next academic year. However, the Court also considered the practical difficulties of interfering with the ongoing counseling process for the current year. Therefore, the Court decided to direct the authorities to implement common counseling from the next academic year without interfering with the ongoing process.

The Court stated: “Since the petitioners have approached the Court at a stage where the entire process has been undertaken and many candidates have been allocated various courses in the Counselling, we do not deem it appropriate to pass any direction for the present year.”

The Court also observed: “However, going by the assertions made in the response filed by the Medical Council of India, we may observe that a common counselling or single online counselling in the coming years would definitely take care of any similar grievance.”

The Court further noted: “Even paragraph 19 of the response filed by the National Board of Examination, the designated authority to conduct NEET-PG, 2020 Examination accepts that said authority is agreeable “in principle” to conduct common counselling from the next year.”

There were no dissenting opinions in this case. The bench comprised of two judges, both of whom agreed on the final order.

Key Takeaways

• The Supreme Court directed that a common counseling process should be implemented for all postgraduate medical courses, including MD/MS/Diploma and DNB courses, starting from the next academic year (2021-22).
• The Court acknowledged that the separate counseling processes for MD/MS/Diploma and DNB courses were disadvantageous to students.
• The Court refused to interfere with the ongoing counseling process for the current academic year (2020-21) due to its advanced stage.
• The decision ensures a level playing field for all candidates, allowing them to choose between different courses without the fear of losing out on their preferred options.

Directions

The Supreme Court directed the authorities to implement a common counseling process for DNB PG seats along with all Post Graduate seats leading to Degrees and Diplomas for the coming years, starting with the NEET-PG 2021 examination.

Development of Law

The ratio decidendi of the case is that separate counseling processes for MD/MS/Diploma and DNB courses are disadvantageous to students and that a common counseling process should be implemented to ensure a level playing field. This case does not change any previous positions of law but it directs the authorities to streamline the counseling process for the benefit of the students.

Conclusion

In conclusion, the Supreme Court, while not interfering with the ongoing admissions process for 2020, directed the concerned authorities to conduct a common counseling for all postgraduate medical courses, including DNB, from the academic year 2021-22. This decision aims to address the grievances of students who were disadvantaged by the existing separate counseling processes and ensures a more equitable and transparent admission system.