NIMS UNIVERSITY versus UNION OF INDIA AND OTHERS

Citation: [2022] 3 S.C.R. 584 · Decided: 09-05-2022 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 3 S.C.R.
   [2022] 3 S.C.R. 584
584
NIMS UNIVERSITY
v.
UNION OF INDIA AND OTHERS
(Writ Petition (Civil) No 316 of 2022)
MAY 09, 2022
[DR. DHANANJAYA Y CHANDRACHUD AND
SURYA KANT, JJ.]
Education/Educational Institutions: Medical admission –
Admission to NEET-super specialty courses – Lowering of cut off
percentile – Permissibility of – Held: Reduction of the percentile is
a matter of academic policy – Super specialty courses cannot be
equated with post graduate courses or under graduate admission –
Court cannot be unmindful of the fact that Super Specialty courses
are at the apex of the academic spectrum – Reasons given by the
Ministry of Health and Family Welfare in declining to reduce the
percentile cannot be regarded as extraneous or arbitrary – Thus,
writ petition seeking lowering of cut off percentile for admission in
NEET Super Speciality courses not interfered with – Constitution
of India – Art. 32.
Disposing of the writ petition, the Court
HELD: 1.1 The question as to whether the percentile should
be reduced is a matter of academic policy. The reasons which
have weighed with the Ministry of Health and Family Welfare in
declining to reduce the percentile cannot be regarded as
extraneous or arbitrary. Super specialty courses cannot be equated
with post graduate courses or for that matter with the percentile
fixed for under graduate admission. In the circumstances, it is
not possible for this Court to entertain the request of the
petitioner by directing a reduction in the percentile. The Court
cannot be unmindful of the fact that Super Specialty courses are
at the apex of the academic spectrum. If a considered decision is
taken not to lower standards by reducing the percentile fixed for
eligibility, such a decision cannot be faulted. The reasons
furnished are not extraneous or arbitrary. [Para 9][589-E-G]
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1.2 In regard to the alternate prayer, since a second round
of counselling has been held at the end of which 940 seats still
remain vacant, the Additional Solicitor General has informed the
Court that a mop up round of counselling would be held for those
seats including for the stray vacancies, while maintaining the
eligibility percentile at 50 for the year 2021-2022. [Para 10]
[589-H; 590-A]
Union of India and others vs. Dinesh Engineering
Corpn. and another (2001) 8 SCC 491; Vice-Chairman
& Managing director, City and Industrial Development
Corporation of Maharashtra Ltd. and Another vs.
Shishir Realty Private Limited and Ors. Civil Appeal
No. 3956-57 of 2017 – referred to.
Case Law Reference
(2001) 8 SCC 491
referred to
Para 42
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.316
of 2022.
(Under Article 32 of The Constitution of India)
P. S. Patwalia, Sr. Adv., Prashant Kumar, Aditya Dev Triguna,
Ms. Awantika Manohar, M/s Ap & J Chambers, Advs. for the Petitioner.
Ms. Aishwarya Bhati, ASG, Ms. Ruchi Kohli, Aman Sharma, Ms.
Srishti Mishra, Manvendra Singh, Ms. Shivika Mehra, Advs. for the
Respondents.
The Judgment of the Court was delivered by
DR. DHANANJAYA Y CHANDRACHUD, J.
1. In these proceedings under Article 32 of the Constitution, the
petitioners seek directions (a) for the lowering of the cut off percentile
for admission to Super Specialty courses; and (ii) to the Medical
Counselling Committee (MCC) to conduct a mop up and stray vacancy
round of the NEET - Super Specialty counselling to fill up seats which
are vacant for the DM/MCh courses.
2. On 5 April 2018, Gazette Notification No MCI-19(I)/2018-Med./
100818 was issued by the then Medical Council of India in the following
terms:
NIMS UNIVERSITY v. UNION OF INDIA AND OTHERS
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SUPREME COURT REPORTS
[2022] 3 S.C.R.
“In order to be eligible for admission to Postgraduate Course for
an academic year, it shall be necessary for a candidate to obtain
minimum of marks at 50th percentile in the ‘National Eligibility-
Cum-Entrance Test for Postgraduate courses’ held for the said
academic year. However, in respect of candidates belonging to
Scheduled Castes, Scheduled Tribes, and Other Backward
Classes, the minimum marks shall be at 40th percentile. In respect
of candidates with benchmark disabilities specified under the Rights
of Persons with Disabilities Act 2016, the minimum marks shall
be at 45th percentile for General Category and 40th percentile for
SC/ST/OBC. The percentile shall be determined on the basis of
highest marks secured in the All India Common merit list
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