LexDR R. DINESH KUMAR REDDY & ORS versus MEDICAL COUNSELLING COMMITTEE (MCC) & ORS.
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A B C D E F G H 808 SUPREME COURT REPORTS [2022] 4 S.C.R. DR R. DINESH KUMAR REDDY & ORS. v. MEDICAL COUNSELLING COMMITTEE (MCC) & ORS. (Writ Petition (Civil) No. 341 of 2022) MAY 13, 2022 [DR DHANANJAYA Y CHANDRACHUD AND SURYA KANT, JJ.] Education – Examination – NEET-PG 2022 – Petitioners sought postponement of Examination – Exam was scheduled on May 21, 2022 – Petitioners sought the issuance of direction for the postponement of the NEET-PG 2022 examination till the issue of counselling for the NEET-PG 2021 examination gets resolved – Petitioners further prayed to permit students who have participated in the counselling for the NEET-PG 2021 examination to register for the NEET-PG 2022 examination by extending last date for registration – Held: Petitioners and other similarly placed doctors have participated in the counseling process for NEET-PG 2021 – They were not barred from registering for NEET-PG 2022 – Over 2 lakh doctors have registered for the examination – Their schedule would be seriously affected if a further postponement is granted – During Covid waves, postponements were granted, since there was an unprecedented human crisis – However, same should not become the norm – Doing so will disturb the sanctity of medical education – Any delay in conducting the examination will lead to a fewer number of resident doctors in hospitals – Further, these matters essentially pertain to policy domain – Unless the Court is satisfied that the decision was taken by the authorities is without application of mind to relevant circumstances or was manifestly arbitrary, there would be no reason for the Court to interfere – The request for a further postponement cannot be entertained for the reason that this would seriously impact the availability of patient care and qualified post- graduate doctors – Therefore, reliefs sought cannot be granted – Accordingly, the petition is dismissed. CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 341 of 2022. [2022] 4 S.C.R. 808 808 A B C D E F G H 809 Under Article 32 of The Constitution of India Rakesh Khanna, Anand Grover, P. Wilson, Sr. Advs., Ashutosh Dubey, Adv. for the Petitioners. Ms. Aishwarya Bhati, ASG, Ms. Ruchi Kohli, Aman Sharma, G. S. Makker, Advs. for the Respondents. The Judgment of the Court was delivered by DR DHANANJAYA Y CHANDRACHUD, J. 1. The jurisdiction of this Court under Article 32 of the Constitution has been invoked by MBBS graduate doctors who have appeared for the NEET – PG 2021 and have participated in the ongoing counselling process for 2021-2022. Their grievance pertains to the schedule which has been prescribed by the National Board of Examinations1 for holding the NEET-PG 2022 examination. The NBE issued a notification on 4 February 2022 by which it scheduled the NEET-PG 2022 examination on 21 May 2022. The petitioners seek the issuance of a direction for : (i) Quashing the notification dated 4 February 2022 issued by the NBE; (ii) Postponement of the NEET-PG 2022 examination; (iii) Notification of a fresh date for the examination after a period of eight weeks so that in the meantime the issue of counselling for the NEET-PG 2021 examination gets resolved and there is no overlap of the former with the NEET-PG 2022 examination; and (iv) A direction to the respondents to permit students who have participated in the counselling for the NEET-PG 2021 examination to register for the NEET-PG 2022 examination by extending the last date for registration which was 25 March 2022. 2. We have heard Mr Rakesh Khanna, Mr Anand Grover and Mr P Wilson, senior counsel appearing on behalf of the petitioners. Ms Aishwarya Bhati, Additional Solicitor General has appeared on behalf of the respondents. DR R. DINESH KUMAR REDDY v. MEDICAL COUNSELLING COMMITTEE (MCC) 1 “NBE” A B C D E F G H 810 SUPREME COURT REPORTS [2022] 4 S.C.R. 3. In view of the urgency of the issue, it has been taken up for final disposal on the basis of the submissions which have been placed on the record by counsel appearing on either side. 4. The NEET-PG examination for 2022-2023 is due to be held on 21 May 2022. Registration for the ensuing examination was closed on 25 March 2022. The grievance of the petitioners is that they have not been allowed a fair opportunity to participate, which violates their fundamental rights particularly under Articles 14 and 21 of the Constitution. The following tabulation has been placed on the record to highlight the nature of the grievance: 5. The second column of
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