How has NEET MDS intake for 2021-22 been conducted after the November 20 deadline? Supreme Court questions Karnataka

The Bank noted that Mr. KM Nataraj, Additional Attorney General acting on behalf of the Union of India, and Mr. Gaurav Sharma, Attorney acting on behalf of the Dental Council of India, on the other hand, claimed that the State of Karnataka was aware of it had that the cut-off period was only extended to November 20, 2021. It was argued that classes had already started and that there was no reason to extend the time limit. Mr. Nikhil Goel, AAG, has appeared on behalf of the State of Karnataka.

The bank noted that the state of Karnataka has not filed an application or proceeding before this court, although admittedly on December 21, 2021, its application for an extension of time was denied by the Union government.

“In these circumstances, we believe it is necessary for the State of Karnataka to explain the circumstances in which it has carried out approvals beyond the November 20, 2021 deadline. Mr Nikhil Goel states that students have been notified of the possible consequences as admissions are being made beyond the deadline We are directing the Secretary of State Government for Medical Education to complete an affidavit explaining the circumstances, at which the state of Karnataka violated the deadline of November 20, 2021 within a week. The Union of India and Dental Council of India can meanwhile submit their affidavits,” the bank ordered.

The brief facts that led to the submission of the present application for intervention are as follows:

A. National Eligibility cum Entrance Test (NEET)-MDS 2021 conducted by the National Board of Examination for admission to the Masters in Dental Surgery.

B. The result for NEET-MDS 2021 was announced on 12/31/2020 by Respondent #4 (DIRECTOR OF MEDICAL EDUCATION, DEPARTMENT OF HEALTH AND FAMILY DEPARTMENT OF KARNATAKA GOVERNMENT).

C. Even as of June 2021, almost 6 months after the NEET MDS result was announced, no counseling plan was provided by Respondent #1 (Union of India).

D. A petition is Debraj Samanta & Ors. Vs. Medical Advisory Committee & Ors. (WP (C) No. 680 of 2021) was filed with the Supreme Court to challenge the undue delay in deliberation. The 8/11/2021 court order noted that the Department of Health and Family Affairs has issued an affidavit that counseling for NEET-MDS for 2021-22 is to begin on 8/20/2021 and be completed by 10/10/2021. The Supreme Court dismissed the petition in the Debraj Samanta case (see above) with an order to adhere to the timeline for deliberations in order for MDS course approvals for 2021-22 to be completed within the stated deadlines.

e. As the Candidates did not have an update regarding the Counseling Schedule, the Candidates wrote several statements to the Defendants on 11/29/2021, 12/02/2021 and 12/18/2021 expressing their concerns about undue delays in the Counseling. The candidates have also shared in the statements that the deadline communicated by the Dental Council of India was 20.11.2021 and that the candidates stand helpless if the consultation is not conducted on time.

F. That the Applicants and similarly ranked candidates had no choice but to wait for the consultation to begin and that Respondent #1 did not release the NEET-MDS 2021-22 consultation plan until 12/04/2021. That the first round of consultations began on 12/04/2021 and the second round began on 12/19/2021 to 12/25/2021.

G. That the applicants have duly registered for the consultation along with similarly ranked candidates and seats have been allocated according to their rank in NEET-MDS 2021-22. The candidates also paid the required fee.

H. That on December 23, 2021, Respondent No. 2 (Dental Council of India) vide Public Notice No. DE-NEET(MDS)Admission-2021/3477-M inter alia as follows: “It is informed that with regard to the Government of India, Ministry of Health and Family Welfare, New Delhi, Letter No. V.12025/164/2021-DE [8140101] dated 12/21/2021 (copy attached), the Executive Committee of the DCI at its meeting on 12/22/2021 in New Delhi decided to reiterate that the cut-off date for admission to MDS courses for the 2021-22 academic session was until 11/20. 2021 and all dental colleges have been instructed to upload the details of their admitted students to the DCI website by 11/20/2021 (24:00) and also ruled that any application for an extension of the last date for admission to MDS courses for the 2021-22 academic session or the uploading of such details by students to the DCI website is not endorsed by DCI.”

I. That, upon receipt of the information regarding the above notice, the Candidates wrote to Respondent #3 expressing their concerns about the delay in deliberation. They also raised concerns about a requirement not to validate seats that many colleges required candidates to sign.

J. That on and about 01/01/2022 it became known to the petitioners that the titled brief regarding the extension of the final date from 20/11/2021 to 01/30/2022 for admission to the PG-MDS course in institutions is submitted for the 2021-22 academic year by following the NEET merit list.

k. That the petitioners, upon becoming aware of the pendency of the titled Complaint, bring the present action before this Honorable Court.

l. That a group of 25 physicians approached the applicants and could not be formally included as applicants in the present application due to time constraints. Therefore, their names are included in the list.

The applicants claimed that great hardship and inconvenience would be experienced by the applicants and similarly placed applicants if the seat allocated to them is not treated as valid for reasons including but not limited to:

A. It will be a mere violation of their fundamental right guaranteed to them under Articles 14, 15 and 21 of the Constitution of India as they will be deprived of a seat which they got after lawfully completing the required admissions process and on the basis of the grades , which hem received in NEET-MDS 2021-22.

B. That the applicants have been suffering from callous behavior in delaying the release of the counseling plan for more than a year. It is submitted that the deadline for the completion of the consultation for NEET-MDS 2021 was announced only after the kind intervention of this honorable court. Therefore, in a case where the seat allotted is deemed by Defendant #2 to be unsuitable for admission to the 2021-22 session, the applicants are helpless.

C. That the applicants are victims of circumstances and are suffering through no fault of their own. That the applicants only received the decision from respondent no. 3 on December 4th, 2021 about the announcement of the consultation date. It is humbly submitted that even after attaining a good rank the applicants have been placed in a situation where their admission is in question.

D. That if the applicants’ admission is not considered by Respondents Nos. 1 and 2, the applicants are helpless without fail on their part.

e. It is humbly submitted that Proposers have already faced an unreasonable and unjustified delay and following the unprecedented delay Proposers cannot afford the current delay in the start of their 2021-22 session.

Q. It is very humbly submitted that the delay in starting the session for NEET-MDS 2021-22 will also affect the stack of NEET-MDS 2022-23. It is humbly informed that the date for the next NEET-2022-23 has already been announced, ie 03/06/2022. Therefore, if the session start for the current group is delayed, the next group will automatically be delayed, resulting in a total disruption of the academic cycle.

G. That such a decision even contradicts the government’s own decision, according to which exams of class X students on 04/14/2021 were canceled in view of the rising cases of Covid-19. Therefore, any decision to conduct the exam in offline mode will fail the proportionality and adequacy test under Article 14 of the Constitution.

H. That Respondent #2’s decision not to extend the eligibility period will be “manifestly arbitrary” according to standards set by that Honorable Court from time to time.

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