Supreme Court Decision on NEET-PG 2022

New Delhi: The Supreme Court division bench yesterday disposed of the plea moved by MBBS graduates, who were seeking an extension of the MBBS internship deadline and postponement of the NEET-PG 2022 exam.

Taking note of the fact that the exam has already been postponed and the other prayer regarding the internship deadline involves aspects of policy, the bench comprising of Justice DY Chandrachud, Justice Surya Kant, and Justice Vikram Nath observed, "Since the issue which has been raised by the petitioners require some element of determining facts as well as aspects of policy we are of the view that the ends of justice will be met by permitting the petitioners to submit a representation to the Union Ministry of Health and Family Welfare, setting out the nature of the hardship which is being faced by the students placed similarly to the petitioner."

The bench has also requested the Ministry to consider the representation expeditiously within one week of its submissions.

It had earlier been reported that six MBBS graduates had knocked on the door of the Apex Court seeking postponement of the NEET PG 2022 examination as they pointed out that the exam date was clashing with NEET PG 2021 counselling schedule.

The plea had also referred to the fact that hundreds of MBBS graduates would not be able to appear in the entrance examination, scheduled on March 12, 2022, as their mandatory MBBS internship training will stand incomplete. Apart from seeking postponement of the examination, the medicos had also prayed for an extension of the deadline for completing the internship from May 31.

Also Read: MBBS Internship deadline for NEET PG 2022: SC to hear plea seeking extension on February 8

Several hundred MBBS graduates, whose internship got halted due to their duty in tackling the COVID-19 pandemic, would be rendered ineligible from appearing in the NEET-PG test due to lack of mandatory internship duty that too without their fault, the plea said.

Meanwhile, due to the intervention of the Union Health Ministry, the NEET PG 2022 exam got postponed by 6-8 weeks and now it has been rescheduled on May 21.

Even though the students got the major part of the relief, they still continued their plea demanding an extension of the MBBS internship deadline.

During the hearing of the case on Tuesday, the counsel appearing on the behalf of the petitioner students, Senior Advocate Mukul Rohtagi submitted before the court that many candidates had joined COVID duties and it resulted in delayed joining of the internship.

Further referring to the fact that many states have different schedules for the internship, the counsel for the petitioners also pointed out that because of Covid-19, the exam, which was scheduled on March 12, has been postponed to May 2022.

At this outset, the bench observed, "The petitioners are doctors who are desirous of appearing for the ensuing Neet PG examination. They are aggrieved by the cut-off date of 31 May 2022. The grievance of the petitioners is that many candidates such as the petitioners joined Covid duties as a result of which the period of their internship was postponed. Moreover, Mr Mukul Rohatgi, senior counsel, submits that different institutions in different states have different dates for the commencement of the internship and many of those dates would end beyond the cut-off which has been prescribed, resulting in the loss of a year."

Taking note of the fact that the exam has already been deferred, the bench mentioned, "At this stage, it must be noted that one of the grounds on which the petition under Article 32 was moved was that there was a likely clash between the schedule for counselling for Neet PG 2021–2022 and the Neet PG examination for the ensuing academic year. This aspect of the matter has now been resolved as a result of the postponement of the NEET PG examination."

Live Law adds that disposing of the petition, the bench allowed the petitioners to appear before the Union Health Ministry and noted, "Since the issue which has been raised by the petitioners require some element of determining facts as well as aspects of policy we are of the view that the ends of justice will be met by permitting the petitioners to submit a representation to the Union Ministry of Health and Family Welfare, setting out the nature of the hardship which is being faced by the students placed similarly to the petitioner."

"We request that the representation be considered expeditiously within one week of its submissions. We may also clarify that in view of the fact that the Court is leaving it open to the petitioners to move the MoHFW, no opinion is expressed on the merits of the matter," further read the order.

Also Read: NEET PG 2022 exam postponed by 6-8 Weeks: Centre