NEPPALI SAI VIKASH & ORS versus UNION OF INDIA & ORS

Citation: [2022] 3 S.C.R. 591 · Decided: 02-05-2022 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off

Judgment (excerpt)

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   [2022] 3 S.C.R. 591
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NEPPALI SAI VIKASH & ORS
v.
UNION OF INDIA & ORS
(Miscellaneous Application No 735 of 2022)
In
(Writ Petition (Civil) No 124 of 2022)
MAY 02, 2022
[DR. DHANANJAYA Y CHANDRACHUD AND
SURYA KANT, JJ.]
Education – Admissions – Post Graduate Medical Admissions
– Reduction in percentile fixed for eligibility – Plea for further
reduction in the percentile – Held: Not tenable – Proviso to Regn.
9(3) of the Post-Graduate Medical Education Regulations stipulates
that the Central Government has the power to lower the minimum
marks for admission to PG courses in consultation with the National
Medical Commission when a sufficient number of candidates fail to
secure minimum marks – On facts, Central Government in exercise
of this power had already reduced the minimum marks in
consultation with the National Medical Commission – After stray
rounds were conducted on the reduction in the percentile, only 282
seats are left vacant – Central Government has taken a considered
decision to not reduce the minimum marks further – The Court would
not be inclined to interfere unless there is a manifest arbitrariness
in the decision making process or in the decision – There is no
arbitrariness here – Responding to the vacancies, the Union
Government took a decision after due consideration, of reducing
the percentile by 15 – The Court would not be justified in the exercise
of the power of judicial review to direct a further reduction of 5
percentile since that would be trenching upon the academic/policy
domain – Post-Graduate Medical Education Regulations 2000 –
Regn.9(3) – Judicial Review – Scope.
Education – Admissions – Post Graduate Medical Admissions
– Need for filling up vacant seats vis-à-vis other considerations –
Held: The need for filling up vacant seats, which undoubtedly is a
matter of public interest has to be balanced with other considerations
such as ensuring that the batch of admitted students commences the
course, the standards of medical education are not diluted and
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SUPREME COURT REPORTS
[2022] 3 S.C.R.
uncertainty is not created by ad-hoc reductions in the norms of
eligibility.
Harshit Agarwal v. Union of India, [Decision of two
Judge Bench of Supreme Court in WP(C) 54 of 2021]
– distinguished.
CIVIL ORIGINAL JURISDICTION : Miscellaneous Application
No.735 of 2022.
In
Writ Petition (Civil) No.124 of 2022.
(Under Article 32 Of The Constitution of India)
Prashant Bhushan, Ramesh Allanki, Ms. Aruna Gupta, Srinivas
Rao Pachwa, D. Rahuvawsy, Syed Ahmad Naqvi, Alig Raj, Advs. for
the Petitioners.
Ms. Aishwarya Bhati, ASG, Ms. Ruchi Kohli, Aman Sharma, G.
S. Makker, Siddhant Buxy, N. V. R. SSS Vara Prasad, Neeraj Kumar,
M/s Ramesh Allanki And Associates, Advs. for the Respondents.
The Judgment of the Court was delivered by
DR. DHANANJAYA Y CHANDRACHUD, J.
1. The Miscellaneous Application seeks revival of the petition under
Article 32 of the Constitution. The petition was disposed of by an order
dated 14 March 2022.
2. The grievance in the petition was that there were vacant post
graduate medical seats and a reduction in the percentile fixed for eligibility
will ensure that more candidates become eligible to fill up the vacancies.
3. The Union Government in the Ministry of Health and Family
Welfare1 took a decision on 12 March 2022 to carry out a reduction of
15 percentile across all categories for admission to NEET PG courses.
For the general category, the cut-off percentile has been fixed at 35, for
the physically handicapped category at 30 and for the reserved SC/ST
categories at 25.
4. Mr Prashant Bhushan, counsel appearing on behalf of the
petitioners, submits that even with the reduction which has been effected,
there are still about 1,500 seats which are vacant in the states’ quota
and, hence, if a further reduction of 5 percentile is effected, some more
candidates would be able to gain admission. Moreover, counsel submitted
1 “MoH&FW”
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that in the previous year, there was a reduction of 20 percentile and
hence a further reduction of 5 percentile for this year may be considered
because of the pandemic.
5 Ms Aishwarya Bhati, Additional Solicitor General, has tendered
a statement on behalf of MoH&FW, which is extracted in its entirety for
convenience of reference:
“Mop up Round
Stray Round
*Results to be declared on 2nd May 2022. Last day of reporting is
7th May 2022.
** Most of the seats that remain vacant are pre-para. These
subjects are teac

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