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]
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.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.