The Supreme Court recently allowed a candidate who passed Class 12 as a private student to take admission for MBBS course after NEET counselling. This was after the National Medical Commission informed the Court that as per the latest Graduate Medical Education Regulations (GMER) 2023, such candidates are eligible to appear for the National Entrance-cum-Eligibility Test (NEET).

While disposing of the petition, a bench comprising Justices PS Narasimha and Sudhanshu Dhulia kept the question of law open.

In the instant case, applicant/petitioner was admitted in class 11th (Biology) in the session 2019-2020. Due to COVID-19 she could not give the examination so she was admitted in class 12th as a private student in the session 2020-2021. Hence she studied for two years’ session from 2019 to 2021 as a student of biology. Thereafter, she appeared for NEET-UG and scored above the cut-off marks in the freedom fighter quota. Following this, the Director Medical Education, State of M.P. issued directions and directed the petitioner and the other candidates who cleared 10+2 examination as private candidates to upload the marksheet of Class XI, but the petitioner’s school did not issue Class XI marksheet to private students and hence the petitioner/applicant’s candidature was not considered for the admission.

At this stage, it is worth mentioning that as per Graduate Medical Education Regulations (GMER), 1997, the petitioner was not eligible for admission. After the 2017 amendment, Regulation 4(2)(a), which stipulated the eligibility criteria had a proviso clause stating “…two years of regular and continuous study of Physics, Chemistry, Biology/Biotechnology taken together shall be required at 10+2 level for all the candidates Candidates who have passed 10+2 from Open Schools or as Private candidates shall not be eligible to appear for National Eligibility-cum-Entrance Test”

However, as per GMER, 2023, the bar against private candidates was removed and the eligibility criteria has now been modified to :

“11 No aspirant shall be allowed to take NEET-UG,”

a. unless he has completed the age of 17 years as on or before 31stJanuary of the year that the candidate shall be appearing for NEET- UG examination; and

b. Has passed 10 +2 (or equivalent) with subjects of Physics, Chemistry Biology/ Biotechnology and English

In the last two hearings, advocate Gaurav Sharma, appearing for National Medical Commission, clarified the same to the Bench and submitted that the petitioner No. 1 would now be eligible for admission.

In its order dated August 28, 2023, the Court observed that the petitioner No.1 has not been permitted to participate in the selection process for seat in MBBS Course only for the reason that she did not have a recognized certification of having passed class 11th examination from a recognized school. In the said hearing, counsel, appearing for the petitioner(s), also stated that the counselling has already taken place and a seat has already been allocated to her. Based on this, the Court specifically directed that the seat which has been allocated to the petitioner No.1 shall not be withdrawn.

However, on August 29, 2023, the Counsel appearing for the State submitted that the seat was allocated to another candidate at the counselling. At this, the Court opined that as the petitioner No.1 was already allocated the seat on 07.08.2023 thus, following its last order, the petitioner should have been allotted the seat and given admission yesterday itself.

We are of the opinion that as the petitioner No.1 was already allocated the seat on 07.08.2023 and the only question which remained for admission is the merit of the matter relating to the eligibility of petitioner, which was anyway clarified in yesterday’s order. Under these circumstances, we are of the opinion that the petitioner should have been allotted the seat and given admission yesterday itself.”

Moving forward, the Court instructed advocate Gaurav Sharma, appearing for National Medical Commission, to examine the matter and suggest necessary action. In the meanwhile, the Court also directed that the letter of admission that may be issued to the candidate who has been given admission, should specifically mention that the admission will be subject to the outcome of this writ petition.

Following the said order, the Additional Advocate General for the State of Uttar Pradesh apprised the Court, on September 4, that there is one seat available in Gandhi Medical College, Bhopal under the Freedom Fighter Quota. Accordingly, the Court ordered:

The authorities concerned are directed to allocate the seat available in Gandhi Medical College, Bhopal to petitioner No.1- Srishti Nayak

Previous reports pertaining to the present case can be read Here & There