Supreme Court Upholds NEET-PG 2022 Schedule: Dr. R. Dinesh Kumar Reddy & Ors. vs. Medical Counselling Committee (MCC) & Ors. (13 May 2022)

Date of the Judgment: 13 May 2022

Citation: 2022 INSC 494

Judges: Dr. Dhananjaya Y Chandrachud, J and Surya Kant, J

Can the schedule of a national medical entrance exam be altered due to delays in the previous year’s counselling process? The Supreme Court of India recently addressed this question in a writ petition filed by MBBS graduate doctors. The core issue revolved around the clash between the ongoing counselling for NEET-PG 2021 and the scheduled date for the NEET-PG 2022 examination. The petitioners sought a postponement of the NEET-PG 2022 exam, while the respondents argued for maintaining the schedule to avoid further disruption in medical education and patient care. The judgment was delivered by a two-judge bench comprising Dr. Dhananjaya Y Chandrachud, J and Surya Kant, J, with the opinion authored by Dr. Dhananjaya Y Chandrachud, J.

Case Background

The petitioners, MBBS graduate doctors, had appeared for the NEET-PG 2021 examination and were participating in the counselling process for the 2021-2022 academic year. The National Board of Examinations (NBE) scheduled the NEET-PG 2022 examination for 21 May 2022, through a notification dated 4 February 2022. The petitioners sought the quashing of this notification and the postponement of the NEET-PG 2022 examination, citing a clash with the ongoing NEET-PG 2021 counselling. They also requested permission to register for the NEET-PG 2022 exam by extending the registration deadline, which was 25 March 2022. The petitioners argued that they were not given a fair opportunity to participate in the NEET-PG 2022 examination due to the ongoing counselling process of NEET-PG 2021, which they contended violated their fundamental rights under Articles 14 and 21 of the Constitution.

Timeline:

Arguments

Petitioners’ Arguments:

• The petitioners, who are doctors and have performed COVID duties, participated in the NEET-PG 2021 counselling process, which was scheduled to end on 12 May 2022. However, the stray round of counselling was still pending.
• They argued that the NEET-PG 2022 examination should be postponed by about two months.
• They contended that this postponement would not prejudice the Union Government, while providing the petitioners and similarly placed candidates additional time to prepare for the examination.
• They relied on a public notice dated 5 May 2022 issued by the National Medical Commission (NMC), which extended the last date for filling information relating to admissions for Post Graduate courses for 2021-2022 to 9 May 2022.

Respondents’ Arguments:

• The Ministry of Health and Family Welfare had consciously decided on 10 May 2021 against postponing the NEET-PG 2022 examination, citing public interest and the needs of medical education.
• Any delay in conducting the NEET-PG 2022 examination would impact patient care due to a reduction in the number of resident doctors in hospitals.
• There are supposed to be three batches of doctors studying for PG courses available for patient care, but only two batches are currently available due to delays.
• The NEET-PG 2022-2023 examination is scheduled for January 2023, and adhering to the current schedule would help the Union Government get back on track after disruptions caused by the COVID-19 pandemic.
• The schedule is consistent with the order of the Supreme Court in Dr Ashish Ranjan and Others vs Union of India and Others, where the National Medical Commission (NMC) had moved the Court for approval of the time schedule for NEET-PG, which was granted on 9 May 2022.
• The NMC’s Public Notice of 5 May 2022 did not extend the time for completing admissions, and admissions had closed on 7 May 2022.

Submissions Table

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame specific issues but addressed the core question of whether to postpone the NEET-PG 2022 examination.

Treatment of the Issue by the Court

Authorities

Cases:

• Shivam Satyarthee and Others vs Union of India and Others 2022 SCS Online SC 492 – The Supreme Court of India noted the postponement of the NEET-PG examination due to a clash with NEET-PG 2021 counselling dates.
• Dr Ashish Ranjan and Others vs Union of India and Others – The Supreme Court of India approved the time schedule for NEET-PG.

Legal Provisions:

• Article 32 of the Constitution of India: This article confers the right to move the Supreme Court for enforcement of fundamental rights.
• Article 14 of the Constitution of India: This article guarantees equality before the law and equal protection of the laws.
• Article 21 of the Constitution of India: This article protects the right to life and personal liberty.

Judgment

How each authority was viewed by the Court?

• Shivam Satyarthee and Others vs Union of India and Others 2022 SCS Online SC 492: The Court referred to this case to acknowledge the previous postponement of the NEET-PG examination due to a clash with the counselling dates. However, it distinguished the current situation by emphasizing the need to adhere to the revised schedule.
• Dr Ashish Ranjan and Others vs Union of India and Others: The Court highlighted that the schedule for NEET-PG was approved by the Supreme Court in this case. The Court emphasized that the current schedule is consistent with the order in this case.

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by the need to maintain the academic schedule and ensure the availability of resident doctors for patient care. The Court recognized the difficulties faced by the petitioners but prioritized the larger public interest and the need to avoid further disruption in medical education. The Court also emphasized that policy decisions regarding exam schedules are best left to the executive and should not be interfered with unless they are arbitrary or without application of mind.

Logical Reasoning

Reasoning

The Court’s reasoning was based on several factors:

• The academic session had already been delayed by four months compared to the schedule prescribed in Dr Ashish Ranjan case.
• Postponing the NEET-PG 2022 examination would lead to a further delay in the availability of resident doctors, impacting patient care. The court noted that, “Currently, only two batches of resident doctors are available because of the delay in holding the NEET-PG examination, resulting in serious deficiency in the required strength of doctors in hospitals.”
• The Court emphasized that a large number of students had registered for the examination, and their schedule would be seriously affected by a postponement.
• The Court noted that while the request of the petitioners was understandable, it could not be entertained because it would affect patient care and the careers of other doctors.
• The Court held that the decision to adhere to the schedule was a policy matter and that the Court should not interfere unless the decision was arbitrary or without application of mind. The Court stated that, “Unless the Court is satisfied that the decision which has been taken by the authorities is without application of mind to relevant circumstances or was manifestly arbitrary, there would no reason for the Court to interfere.”
• The Court also noted that, “Balancing of priorities in administration is a difficult task. The task is entrusted to the executive and not to courts.”

Key Takeaways

• The Supreme Court upheld the decision of the Ministry of Health and Family Welfare to not postpone the NEET-PG 2022 examination.
• The Court prioritized the need to maintain the academic schedule and ensure the availability of resident doctors for patient care.
• Policy decisions regarding exam schedules are best left to the executive unless they are arbitrary or without application of mind.
• The Court recognized the difficulties faced by the petitioners but emphasized the larger public interest.

Directions

The Supreme Court did not give any specific directions, and the petition was dismissed.

Development of Law

The judgment reinforces the principle that the courts should not interfere with policy decisions of the executive unless they are arbitrary or without application of mind. It also highlights the importance of maintaining the academic calendar and ensuring the availability of medical professionals for patient care. The ratio decidendi of the case is that the executive’s decision to adhere to the NEET-PG 2022 schedule was a valid exercise of policy, and the court should not interfere with such decisions unless they are manifestly arbitrary.

Conclusion

The Supreme Court dismissed the writ petition seeking postponement of the NEET-PG 2022 examination. The Court emphasized the importance of maintaining the academic schedule and ensuring the availability of resident doctors for patient care. The decision underscores the principle that policy decisions regarding exam schedules are primarily within the domain of the executive, and courts should not interfere unless there is a clear case of arbitrariness or lack of due consideration.

Category

Parent Category: Education Law

Child Categories:

• Medical Entrance Exams
• NEET-PG
• Article 32, Constitution of India
• Article 14, Constitution of India
• Article 21, Constitution of India

Parent Category: Constitution of India

Child Category:

• Article 32, Constitution of India
• Article 14, Constitution of India
• Article 21, Constitution of India

FAQ

Q: Why did the Supreme Court refuse to postpone the NEET-PG 2022 exam?

A: The Supreme Court refused to postpone the NEET-PG 2022 exam because it would have further delayed the academic schedule, reduced the availability of resident doctors for patient care, and disrupted the plans of a large number of registered students. The Court also recognized this as a policy decision that should be left to the executive.

Q: What was the main concern of the Supreme Court in this case?

A: The main concern of the Supreme Court was to balance the interests of the petitioners who sought a postponement with the larger public interest of maintaining the medical academic schedule and ensuring adequate patient care.

Q: What is the significance of this judgment?

A: This judgment reinforces the principle that courts should generally not interfere with policy decisions made by the executive unless they are arbitrary or without due consideration. It also highlights the importance of maintaining the medical academic calendar and ensuring the availability of medical professionals for patient care.

Q: What was the impact of the COVID-19 pandemic on the NEET-PG schedule?

A: The COVID-19 pandemic caused significant disruptions to the NEET-PG schedule, leading to delays in both the examination and counselling processes. The court acknowledged these delays and the need to normalize the academic calendar.