NOTICE SURRENDER OF (RESIGNED/NON-REPORTED) ALL INDIA QUOTA PG SEATS TO RESPECTIVE STATES

Similar documents
RAJASTHAN CENTRALIZED ADMISSIONS TO BACHELOR OF PHYSIOTHERAPY COURSE-2017 (RCA BPT-2017) INFORMATION BOOKLET

D.No. /GC/14 Dated : Copy to the following for information and necessary action.

Asked Questions (FAQs) and Answers

INFORMATION BOOKLET. Refer RUHS website ( for updated and relevant information.

CHANAKYA NATIONAL LAW UNIVERSITY NYAYA NAGAR, MITHAPUR, PATNA

RAJASTHAN UNIVERSITY OF HEALTH SCIENCE

GOVT. OF NCT OF DELHI G.B. PANT HOSPITAL: NEW DELHI

RAJASTHAN UNIVERSITY OF HEALTH SCIENCES Kumbha Marg, Sector-18, Pratap Nagar, Tonk Road, Jaipur Phone: ,

(ALMOST?) BREAKING THE GLASS CEILING: OPEN MERIT ADMISSIONS IN MEDICAL EDUCATION IN PAKISTAN

THE RAJIV GANDHI UNIVERSITY ACT, 2006 ARRANGEMENT OF SECTIONS

INDEPENDENT STATE OF PAPUA NEW GUINEA.

BEST PRACTICES FOR PRINCIPAL SELECTION

MANDATORY CONTINUING LEGAL EDUCATION REGULATIONS PURPOSE

KSKV Kachchh University Invites Applications for PhD Program

NCAA Division I Committee on Academic Performance Academic Performance Program Access to Postseason and Penalty Waiver Directive

Recruitment for Teaching posts of RUHS Information Booklet. Refer RUHS website ( for updated and relevant information.

Student Assessment Policy: Education and Counselling

Tamwood Language Centre Policies Revision 12 November 2015

b) Allegation means information in any form forwarded to a Dean relating to possible Misconduct in Scholarly Activity.

WASHINGTON STATE. held other states certificates) 4020B Character and Fitness Supplement (4 pages)

ADMISSION NOTICE - UNIVERSITY OF CALCUTTA

I. STATEMENTS OF POLICY

BYLAWS of the Department of Electrical and Computer Engineering Michigan State University East Lansing, Michigan

PUTRA BUSINESS SCHOOL (GRADUATE STUDIES RULES) NO. CONTENT PAGE. 1. Citation and Commencement 4 2. Definitions and Interpretations 4


Re-Advertisement No.: 01/2017 Dated:

RESEARCH INTEGRITY AND SCHOLARSHIP POLICY

DEPARTMENT OF EXAMINATIONS, SRI LANKA GENERAL CERTIFICATE OF EDUCATION (ADVANCED LEVEL) EXAMINATION - AUGUST 2016

Regulations for Saudi Universities Personnel Including Staff Members and the Like

A Guide to Supporting Safe and Inclusive Campus Climates

BY-LAWS of the Air Academy High School NATIONAL HONOR SOCIETY

Bachelor of International Hospitality Management, BA IHM. Course curriculum National and Institutional Part

Instructions concerning the right to study

The University of British Columbia Board of Governors

Guidelines for Completion of an Application for Temporary Licence under Section 24 of the Architects Act R.S.O. 1990

BISHOP BAVIN SCHOOL POLICY ON LEARNER DISCIPLINE AND DISCIPLINARY PROCEDURES. (Created January 2015)

TESTMASTERS CLASSROOM SAT COURSE STUDENT AGREEMENT

Academic Brochure. SVS Institute of Dental Sciences Mahabubnagar

COMMON FACULTY POLICY AND PROCEDURES ON PLAGIARISM

Rules of Procedure for Approval of Law Schools

M-Tech Degree Course PROSPECTUS

UNIVERSITY OF MYSORE * * *

LAKEWOOD SCHOOL DISTRICT CO-CURRICULAR ACTIVITIES CODE LAKEWOOD HIGH SCHOOL OPERATIONAL PROCEDURES FOR POLICY #4247

Nova Scotia School Advisory Council Handbook

THE BROOKDALE HOSPITAL MEDICAL CENTER ONE BROOKDALE PLAZA BROOKLYN, NEW YORK 11212

Policy Name: Students Rights, Responsibilities, and Disciplinary Procedures

22/07/10. Last amended. Date: 22 July Preamble

Government of Tamil Nadu TEACHERS RECRUITMENT BOARD 4 th Floor, EVK Sampath Maaligai, DPI Campus, College Road, Chennai

M.SC. BIOSTATISTICS PROGRAMME ( ) The Maharaja Sayajirao University of Baroda

General study plan for third-cycle programmes in Sociology

RESIDENCY POLICY. Council on Postsecondary Education State of Rhode Island and Providence Plantations

Research Training Program Stipend (Domestic) [RTPSD] 2017 Rules

MASINDE MULIRO UNIVERSITY OF SCIENCE AND TECHNOLOGY ACT

SOAS Student Disciplinary Procedure 2016/17

3. Examinations and final assessment of the degree programmes

Mangalagangothri , D.K. District, Karnataka

DEPARTMENT OF ART. Graduate Associate and Graduate Fellows Handbook

Kelso School District and Kelso Education Association Teacher Evaluation Process (TPEP)

COLLEGE OF INTEGRATED CHINESE MEDICINE ADMISSIONS POLICY

Last Editorial Change:

Guidelines for Mobilitas Pluss postdoctoral grant applications

ESIC Advt. No. 06/2017, dated WALK IN INTERVIEW ON

TITLE 23: EDUCATION AND CULTURAL RESOURCES SUBTITLE A: EDUCATION CHAPTER I: STATE BOARD OF EDUCATION SUBCHAPTER b: PERSONNEL PART 25 CERTIFICATION

Reference to Tenure track faculty in this document includes tenured faculty, unless otherwise noted.

General rules and guidelines for the PhD programme at the University of Copenhagen Adopted 3 November 2014

Steve Miller UNC Wilmington w/assistance from Outlines by Eileen Goldgeier and Jen Palencia Shipp April 20, 2010

Pattern of Administration, Department of Art. Pattern of Administration Department of Art Revised: Autumn 2016 OAA Approved December 11, 2016

GRADUATE STUDENTS Academic Year

Degree Regulations and Programmes of Study Undergraduate Degree Programme Regulations 2017/18

Master of Philosophy. 1 Rules. 2 Guidelines. 3 Definitions. 4 Academic standing

EDUCATION AND DECENTRALIZATION

Guidelines for Mobilitas Pluss top researcher grant applications

Sacramento State Degree Revocation Policy and Procedure

MADISON METROPOLITAN SCHOOL DISTRICT

DOCTOR OF PHILOSOPHY IN POLITICAL SCIENCE

Department of Political Science Kent State University. Graduate Studies Handbook (MA, MPA, PhD programs) *

University of Toronto

IMPORTANT INFORMATION

Are religious Baccalaureate services constitutionally permissible?

Graduate Student Grievance Procedures

Redeployment Arrangements at Primary Level for Surplus Permanent & CID Holding Teachers

Personnel Administrators. Alexis Schauss. Director of School Business NC Department of Public Instruction

CONSTITUTION COLLEGE OF LIBERAL ARTS

Discrimination Complaints/Sexual Harassment

ACADEMIC POLICIES AND PROCEDURES

No.1-32/2006-U.II/U.I(ii) Government of India Ministry of Human Resource Development Department of Higher Education

BSW Student Performance Review Process

Legal Technicians: A Limited License to Practice Law Ellen Reed, King County Bar Association, Seattle, WA

[For Admission Test to VI Class] Based on N.C.E.R.T. Pattern. By J. N. Sharma & T. S. Jain UPKAR PRAKASHAN, AGRA 2

I. General provisions. II. Rules for the distribution of funds of the Financial Aid Fund for students

University of Toronto

Members Attending: Doris Perkins Renee Moore Pamela Manners Marilyn McMillan Liz Michael Brian Pearse Dr. Angela Rutherford Kelly Fuller

Programme Specification (Postgraduate) Date amended: 25 Feb 2016

Nichole Davis Mentoring Program Administrator Risk Management Counsel South Carolina Bar

Post-16 transport to education and training. Statutory guidance for local authorities

Recognition of Prior Learning (RPL) Policy

Academic Freedom Intellectual Property Academic Integrity

LAW ON HIGH SCHOOL. C o n t e n t s

ANNUAL REPORT. The South Australian Law Reform Institute. 1 January December 2012

Minutes of the Meeting and Action Taken Report

Transcription:

NOTICE SURRENDER OF (RESIGNED/NON-REPORTED) ALL INDIA QUOTA PG SEATS TO RESPECTIVE STATES As per scheme of All India Quota PG Online Counselling approved by the Hon ble Supreme Court in I.A. No. 10/2016 in I.A. No. 16/2012 in Civil Appeal No. 1944 of 1993 filed by Anand S.Biji V/s State of Kerala & Ors, order dated 12.02.2016, the (resigned/nonreported) All India Quota PG seats (of 50% AIQ -2018) were to be surrendered (reverted back) to the respective States after conclusion of Round-2 of All India Quota PG on 23.04.2018 Online Counselling. However, as per the directions of Hon ble Supreme Court of India in W.P. ( c) 357/2018 Rachit Sinha and Ors. Vs. Union Of India and Ors. dated 20.04.2018 with W. P. (c) 361/2018, 366/2018, 424/2018 seats were not surrendered (reverted) back to the respective states. Whereas, in the above cited writ petition Hon ble Supreme Court of India directed on 03.05.2018 to vacate the order of surrender (revert) back of seats to respective states. Hence, the seats lying vacant after the second round of postgraduate online counselling of All India Quota now stands surrendered /reverted back. Further, all the State counselling authorities/dme are hereby requested to comply with the directions of W.P. (c) 357 of 2018 (copy of the petition enclosed below for reference) to avoid any future legal complications and contempt of the Hon ble Supreme Court of India. Posted on 03.05.2018

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Non-Reportable Writ Petition (C) No. 357 of 2018 RACHIT SINHA & ORS. Versus PETITIONER (S) UNION OF INDIA & ORS. With..RESPONDENT (S) Writ Petition (C) No. 361 of 2018 Writ Petition (C) No.366 of 2018 Writ Petition (C) No.424 of 2018 O R D E R 1. By a Notification dated 20.02.2018, the Medical Council of India (MCI) issued the Postgraduate Medical Education (Amendment) Regulations, 2018. The admission schedule for the year 2018-2019 as per the said Regulations is as follows:- Sr. No. Schedule for Central State Counselling Admission Counselling All India Quota Deemed + Central Institute 1 Conduct of By 10 th January Exam 2 Declaration of Result By end of January 3 1 st Round of 12 th March 12 th March 25 th March Counselling 24 th March, 24 th March, 5 th April 4 Last date of joining 3 rd April, 3 rd April 12 th April 5 2 nd round of 6 th April 6 th April 15 th April counselling 12 April 12 th April 26 th April 6 Last date of 22nd April 22 nd April 3 rd May joining 7 Mop up Round 12 th May 4 th May 1

8 Late date of joining 9 Forwarding the list of students in order of merit equalling to ten times the number of vacant seats to the Medical Colleges by the Counselling Authority. 10 Last date of joining 22 nd May 8 th May 26 th May 12 th May 27 th May 13 th May 31 st May 18 th May 2. The first round of Counselling of All India Quota was completed on 07.04.2018. We are informed that the first round of Counselling for the State quota was also completed in the first week of April, 2018. The process for the second round of Counselling for the All India Quota commenced on 13.04.2018 and the last date for reporting was 23.04.2018. Admission to Postgraduate Courses, according to the Regulations, is on the basis of the merit of the candidates in the National Eligibility-cum-Entrance Test (NEET-PG) conducted every year. 50 per cent of the seats are earmarked for All India Quota and the remaining 50 per cent for the State Quota. 3. On 05.04.2018, a Notification was issued by the Medical Council of India by which Clause 9A(4) was added to the Postgraduate Medical Education Regulations, 2000 which is in the following terms:- 9A(4) In order to prevent seat blocking in common Counselling for admission to Postgraduate Courses and permissibility to exercise fresh choice during Counselling, forfeiture of fee shall be in accordance with the matrix contained in appendix-iii. 2

4. A notice dated 09.04.2018 was issued by Medical Counselling Committee (MCC) which conducts the Counselling for the All India Quota in which it was clarified that a candidate who had participated in the first round of Counselling and was allotted a seat but did not report can participate for the second round of Counselling as per their earlier registered details. It was also mentioned in the said notice that the candidates who reported after the first round of Counselling but resigned from the allotted Institutions were also eligible to participate in the second round of Counselling without any fresh registration/payment. The candidates were further informed that candidates who joined in the allotted seats after the first round of Counselling but could not get up-gradation in the second round of Counselling shall be allowed to resign from the first round seat within two days from the publication of the second round results of the All India Quota with forfeiture of fees. 5. The Petitioners in the above Writ Petitions who participated in the first round of Counselling for the All India Quota seats for admission to the Postgraduate Courses in medicine are aggrieved by the changes that are made in the method of Counselling by the notice dated 09.04.2018. The grievance of the Petitioners is that candidates who were ineligible for the second round of 3

Counselling according to the earlier procedure were made eligible as per the notice dated 09.04.2018. Another complaint of the Petitioners pertains to permission granted to the allottees in the first round of Counselling to retain their seats for two days after the announcement of results of the second round of Counselling. The Petitioners complained of their being forced to resign from their allotted seats in the first round of Counselling. 6. By an order dated 20.04.2018, we permitted the Petitioners to retain the seats allotted to them in the first round of Counselling. We also stayed the reversion of the seats from the All India Quota to the State Quota. The procedure followed for admission to Postgraduate Courses is that there will be two rounds of Counselling for the All India Quota. At the end of second round of Counselling, the seats that are unfilled will be reverted to the State Quota. The first round of the All India Quota is conducted on the basis of merit of the candidates in the NEET-PG exam. Doubts are expressed by several candidates regarding the eligibility of candidates to participate in the second round of Counselling for the All India Quota. Such doubts are cleared by the Medical Council of India by providing answers to the frequently asked questions. Candidates who could not secure any seat in the first round as well as those who have secured admission in the first round, reported/joined in the allotted 4

Institutions and submitted their willingness for participating in the second round were eligible for the second round of Counselling. Candidates who did not report at the allotted Institutions after the seat allotment in the first round and those who reported and withdrew (resigned) from Counselling at the allotted Institutions were not eligible for the second round of Counselling. In addition, candidates who did not opt for up-gradation and those who became ineligible due to change of category were also not permitted to participate in the second round of Counselling. This was the practice followed at the time of issuance of the Notification for admission to the Postgraduate Courses for 2018-2019. The change made by the notice dated 09.04.2018 are to the effect that even if a candidate is allotted a seat in the first round but did not report, he would be entitled to participate in the second round of Counselling. A candidate who had reported but resigned was also made eligible to participate in the second round of Counselling, contrary to the position that existed prior to 09.04.2018. According to the Petitioners, the competition for the second round of Counselling would increase as the above two categories of candidates who were not eligible to participate in the second round of Counselling earlier were permitted to compete for admissions in the second round of Counselling. They contend that this change should not have been made after the 5

commencement of admissions for this year. 7. It is clear from the record that the Medical Council of India decided to make certain changes to the method of admissions to the Postgraduate Courses to arrest the blocking of seats by certain candidates which was detrimental to the interest of meritorious candidates in the All India Quota. There is material on record to suggest that devious methods were adopted by certain candidates to block the seats in the All India Quota and resign thereafter from those seats later which resulted in reversion of the All India Quota seats to the State Quota. The Medical Counselling Committee identified about thousand candidates who were indulging in such illegal practice and proposes to take action against them after a thorough inquiry. 8. There is no infringement of any legal right of the Petitioners in the change of the method of Counselling made by the notice dated 09.04.2018. Reduction of chances of admission does not entail in violation of any right. If the change in the method of Counselling was due to the circumstances mentioned above, we see no reason to interfere. Further, the Petitioners have participated in the second round of Counselling for up-gradation. We are informed that the second round of Counselling for All India Quota is completed. No interference is warranted at this stage in respect of the All India Quota. 6

9. In view of the completion of the second round of Counselling of the All India Quota, we see no reason to entertain the Writ Petitions. The order dated 20.04.2018, staying the reversion of seats from the All India Quota to the State Quota is vacated. According to the schedule for online Counselling, the second round of Counselling of the State Quota should be completed by 26.04.2018. The second round of State Counselling has to be conducted after taking into account the reverted seats on completion of the second round of the All India Quota. We are informed that some States and Deemed/Central Institutions completed the second round of Counselling without waiting for the reversion of the unfilled seats in the second round of Counselling of the All India Quota. As this could not have been done, we direct that such States and Deemed/Central Institutions shall conduct the second round of Counselling again after reversion of the unfilled seats in the second round of Counselling of the All India Quota. As we have vacated the order dated 20.04.2018, the concerned authority will report the unfilled seats in the second round of the All India Counselling to the respective States by 05.05.2018. The second round of Counselling for the State Quota shall be conducted and completed by 10.05.2018. The Mop-up-round for the State Quota which is scheduled to be 7

completed by 08.05.2018 is extended to 15.05.2018. Writ Petition (C) No.424 of 2018 In I.A. No.62831 of 2018 in W.P. (C) No.357 of 2018, no order is required to be passed in view of fact that some of the Applicants have filed Writ Petition (C) No.424 of 2018 for the same relief. Writ Petition (C) No.424 of 2018 is disposed off in terms of the order in Writ Petition (C) No.357 of 2018....J. [S.A. BOBDE] New Delhi, 3 rd May, 2018....J. [L. NAGESWARA RAO] 8

ITEM NO.1501,1501.1-1503 COURT NO.7 SECTION X (For orders) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 357/2018 RACHIT SINHA & ORS. Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) WITH W.P.(C) No. 361/2018 (X) W.P.(C) No. 366/2018 (X) W.P.(C) No. 424/2018 (X) Date : 03-05-2018 These petitions were called on for pronouncement of order today. For Petitioner(s) Mr. Avijit Mani Tripathi, AOR Mr. Shaurya Sahay, Adv. Mr. Avijit Mani Tripathi, Adv. Mr. Samarth Khanna, Adv. Ms. Vidisha Kumar, Adv. Mr. Amit Kumar, AOR Ms. Vanshaja Shukla, AOR Mr. Shivendra Singh, Adv. Mr. Ramendra Mohan Patnaik, AOR For Respondent(s) Mr. Gurmeet Singh Makker, AOR Mr. Gaurav Sharma, Adv. For Applicant(s) Mr. Shivendra Singh, Adv. Mr. Ramendra Mohan Patnaik, AOR -- Hon'ble Mr. Justice S.A. Bobde and Hon'ble Mr. Justice L. Nageswara Rao pronounced the order of the Bench comprising Their Lordships. 9

WP(C) Nos. 357, 361, 366 of 2018 are disposed of in terms of the signed non-reportable order. WP(C) No. 424/2018 is disposed off in terms of the order passed in Writ Petition No. 357/2018 and connected matters. No order is required to be passed in IA No. 62831 of 2018 in WP(C) No. 357/2018 in view of the fact that some of the applicants have filed WP(C) No. 424/2018 for the same relief. [ Charanjeet Kaur ] [ Indu Kumari Pokhriyal ] A.R.-cum-P.S. Asstt. Registrar [ Signed non-reportable order is placed on the file ] 10