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Civil · Reportable judgment

State of U.P. & Another vs Miss Bhavna Tiwari & Ors.

Court
Supreme Court of India
Date
29 April 2025
Case No.
Special Leave Petition (C) No. 9298 of 2018
Result
Disposed
Bench
J.B. Pardiwala, R Mahadevan
Citation
[2025] 4 S.C.R. 2687 : 2025 INSC 747
Acts & Sections
Medical Council Act, 1956 National Medical Commission Act, 2019 MCI Postgraduate Medical Education…
Supreme Court Reports [2025] 4 S.C.R. 2687 : 2025 INSC 747
Issue for consideration
Streamlining of the counselling process in NEET-PG; curbing the malpractice of seat blocking to ensure transparency and fairness in the admission process; compensation of Rs.10,00,000/- awarded by the High Court to the respondents for seat blocking in NEETPG counselling, if was justified.
Headnote

Education/Educational Courses – Post Graduate Medical Courses – Admission process – NEET PG counselling – Malpractice of seat blocking – Prevention of – Need for transparency and fairness – Directions issued to the concerned authorities to ensure effective implementation of the revised counselling framework:

Held: Implementation of a Nationally synchronized counselling calendar to align All India Quota (AIQ ) and State rounds and prevent seat blocking across systems – Pre-Counselling Fee Disclosure by all private/deemed universities, detailing tuition, hostel, caution deposit, and miscellaneous charges to be mandatory – Establishment of a Centralized Fee Regulation Framework under the National Medical Commission (NMC) – Permitting upgrade windows post-round 2 for admitted candidates to shift to better seats without reopening counselling to new entrants – Publication of raw scores, answer keys and normalization formulae for transparency in multi-shift NEET-PG exams – Enforcement of strict penalties for seat blocking including forfeiture of security deposit, disqualification from future NEET-PG exams (for repeat offenders), blacklisting of complicit colleges – Implementation of Aadhaar-based seat tracking to prevent multiple seat holdings and misrepresentation – State authorities and institutional DMEs to be held accountable under contempt or disciplinary action for rule or schedule violations – Uniform Counselling Conduct Code to be adopted across all States for standard rules on eligibility, mop-up rounds, seat withdrawal, and grievance timelines – A third-party oversight mechanism to be set up under NMC for annual audits of counselling data, compliance, and admission fairness. [Para 16] Education/Educational Courses – Post Graduate medical courses – Admission process – NEET PG counselling – Respondent Nos.1, 2 (aspirants in the first NEET-PG) filed writ petitions alleging large-scale seat blocking, stating that nearly 80% of the seats were filled during the mop-up round resulting in the seats of their first preference being eventually allotted to less meritorious candidates – High Court issued specific directions to the Government authorities and also directed payment of compensation to the Respondents for seat blocking – Challenge to:

Read the full headnote (2 more paragraphs)

Held: Various reforms introduced by the authorities address the concerns raised by the High Court in the impugned order ensuring that meritorious students are not deprived of their rightful opportunities, impugned order not interfered with in entirety – Directions issued by this Court to ensure the effective implementation of the revised counselling framework upholding the principles of merit, fairness and transparency – However, on facts, no valuable right was denied to the respondents regarding participation in the mop-up round and once admission was granted, the process concluded unless specific exceptions applied as per the admission guidelines – Award of Rs.10,00,000/- each as compensation is arbitrary and excessive – Rs.1,00,000/- awarded each to Respondent Nos.1 and 2 – Impugned order modified. [Paras 14.4, 15.3, 15.4]

Education/Educational Courses – Post Graduate Medical Courses – Admission process – NEET PG counselling – Malpractice of seat blocking – Discussed. [Paras 7, 8]

Keywords: Post Graduate Medical Courses · NEET PG Counselling · Medical education · Admission process · Seat blocking · Counselling process · Mop-up round · Seat allotted to less meritorious candidates · Safeguarding interests of meritorious candidates · Medical Council of India (MCI) · National Medical Commission (NMC) · Merit-based admission system · Transparency and fairness · Compensation for seat blocking · Arbitrary and excessive · Nationally synchronized counselling calendar · Pre-Counselling Fee Disclosure

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. We have heard the learned counsel appearing for all the parties and perused the materials placed before us. 2. This Special Leave Petition arises from the final judgment and order dated 19.01.20181 passed by the High Court of Judicature at Allahabad2 in Civil Miscellaneous Writ Petition No. 28550 of 2017, whereby the High Court disposed of the writ petition with the following observations and directions: “In view of the decisions of the Supreme Court no admission can be granted after the cut of date. A time schedule is required to be strictly adhered to. However, in the given circu
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