Supreme Court on NRI Quota NEET-PG

New Delhi: The Supreme Court bench comprising of Justices DY Chandrachud and Surya Kant has recently sought to know about the scenario for NRI quota NEET-PG aspirants from the Medical Counselling Committee, which conducts the counselling for PG medical admission.

This comes after recently a doctor moved to the Apex Court and sought permission to register for NEET-PG 2021 counselling as NRI quota candidate. She pointed out that in the fresh registration for the mop-up round of counselling, there is no separate provision for the NRI quota candidates.

"A week's time is granted to enable the Additional Solicitor General to place on the record an affidavit explaining the factual position," read the order of the top court.

The matter has been listed for further hearing on April 29, 2022.

Also Read: NEET PG 2021 Counselling: MCC Specifies Documentation For NRI Candidates

As per the latest media report by Live Law, the counsel for the petitioner doctor, Advocate Charu Mathur informed the court that the petitioner is a NRI candidate and even though she had submitted her documents at the appropriate email ID, the same had not been accepted.

The daily adds that the documents of the petitioner were in accordance with the Top Court's order dated August 22, 2017 in Consortium of Deemed universities in Karnataka (CODEUNIK) & Anr. Vs. Union Of India & Ors. In that case, the top court had explained the criteria to apply under 15% NRI quota for NEET PG following the rules set by the 7 judge bench in PA Inamdar v State of Maharashtra (2005).

It was stated in the petition by the doctor that "even the seat matrix released by the Respondents provides for NRI seats."

"To the shock and surprise of the Petitioner the Respondent has not given any time for submission of NRI documents for fresh mop-up round. The Petitioner has sent two emails to the officials but they have not responded so far. That even in the canceled mop up round candidates lower in rank than the Petitioner were allotted seats. Since, there is a fresh round of mop-up in the interest of Justice, fairness and equity the Petitioner humbly prays that she may be allowed to join the fresh round of mop-up on NRI seat. That the Petitioner otherwise also fills in all parameters of converting her status to NRI seat," added the plea.

Responding to the submissions, the top court bench directed the counsel for the MCC, "You file a short affidavit. We're not issuing notice right now. Just tell us what happened."

It had earlier been reported that some NRI students had recently approached the Supreme Court seeking time for fresh registration before the mop-up round of NEET PG counselling. Apart from issuing notice in the matter, the top court had also directed the State of Kerala to inform the court about the unfilled vacant seats after the mop-up round.

The petitioner doctors approached the top court after the Kerala High Court dismissed a similar plea by the Kerala Private Medical College Management Association. It was submitted by the petitioner association that the rank list for eligible candidates in the NRI quota consisting of 618 rank holders got exhausted after two rounds of counselling. However, despite the exhaustion of the rank list, 57 seats in the NRI quota were lying vacant in the colleges under the association as on the date of filing the writ petition. It was contended that, since the money collected from the NRI students are utilized for benefiting students from economically weaker sections of the society, the respondents ought to have extended the period to fill up the vacant NRI quota seats.

When the matter reached the Supreme Court, the counsel for the petitioner students pointed out that 46 seats belonging to NRI quota were lying vacant and as per the rules those seats cannot be converted to any other category.

To view the Supreme Court order, click on the link below.

Supreme Court Order

Also Read: Supreme Court issues notice on plea seeking time for fresh registration in NRI quota before NEET mop-up round