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Update – 9th Dec 2024
Madhya Pradesh HC
Read full case – Madhya Pradesh: Double Normalisation Sparks Legal Battle in NEETPG 2024 Counselling!
Final Judgement
3rd Dec (Jabalpur): The next hearing in the case concerning NEET Percentile, normalisation, and state ranking of in-service candidates is scheduled for 5th December 2024 (Thursday), with the interim stay order remaining in effect from Madhya Pradesh HC at Jabalpur.
NBEMS has explained the processes for normalisation, preparation of seniority lists based on NEET Percentile, and rankings (All India and State) and has been directed by the court to produce calculation sheets regarding in-service candidates.
Justice Sanjeev Sachdeva has emphasised the need to resolve the case promptly due to its impact on counselling schedules. Although advocate Sanghi requested a hearing on 9th Dec Monday, but the matter will proceed on the scheduled date ie 5th Dec Thursday.
Rajasthan HC
It’s Similar Case Related to Double Normalisation (like MP Case)
The court found the methodology used by NBEMS to be scientific and consistent with practices by other authorities like AIIMS. The process of calculating percentile scores followed by recalculating rankings post-bonus marks was deemed logical and transparent. Variations in rankings due to shift-wise differences and the application of bonus marks were considered unavoidable but fair.
This Court is satisfied with the explanation given by the Executive Director, NBEMS and there appears to be no illegality or arbitrariness in the result so prepared. The altered merit position is bound to happen and is unavoidable. As a matter of fact, it is not a discrepancy at all. The Board has uniformly applied method of percentile. They have taken help of the experts on the subject. – Hon’ble High Court of Rajasthan
The court concluded that there was no arbitrariness or illegality in the process.
- It dismissed the petitioners’ claim of discrepancies as misconceived and upheld NBEMS’s methodology.
- The writ petition and related stay applications were dismissed, and the interim order dated 28.11.2024 was vacated. Hence Final Allotment Result was declared by the state.
Supreme Court Case
The Supreme Court of India in Ishika Jain vs NBE (Diary No. 41088/2024), which raises concerns about the National Board of Examinations’ (NBE) handling of NEETPG 2024. The case demands the release of question papers, answer keys, and transparency in the normalisation process. The case was initially scheduled for final disposal on 26th November 2024 before a bench comprising Hon’ble Justices B.R. Gavai and K.V. Viswanathan. However, it was rescheduled to 3rd November 2024, and subsequently postponed again to 10th November 2024 due to time constraints and other reasons, time to time.
In past the hearing has faced multiple adjournments either due to time constraints or the unavailability of the petitioners’ counsel. This further postponement continues to delay the resolution of critical issues surrounding the fairness of NEETPG 2024 results.
Meanwhile, NEET PG All India Counselling R-2 is in progress, with key events such as the release of the seat matrix (including the display of virtual and clear vacancies), choice filling are underway, and the result declaration scheduled for 12th December, proceeding alongside the ongoing legal proceedings.
Telangana HC
Judgement has been reserved and to be pronounced soon!
What the Case is about??
Currently, there is no specific rule governing Telangana counselling, and the state is following the old Presidential Order from 2004. The petitioners argue that the rule should be upheld, and the criteria for determining local status should only consider the area where the candidate completed their MBBS. They contend that combining the area of residence and the area of MBBS into a single criterion is not in line with the rule.
On the other hand, the state government claims that the 2004 law is outdated, as it was enacted before the formation of Telangana. They assert that they are entitled to follow the 10-year bifurcation law, which grants the state special powers to frame its own rules.
Both arguments hold merit, leaving the judge in a difficult position. He is carefully listening to the arguments presented by both sides and deliberating on the matter. Ultimately, the final decision rests with him.
Next Date of Hearing – 4th Dec 2024, Wednesday (Order not available yet)
Haryana HC
The case CWP-28866-2024; Diary No – 10326151 – Gunjan Nehra and Others vs State of Haryana and others concerns the policy of the Haryana Government regarding the allocation of 50% of postgraduate medical seats under the in-service quota.
Petitioner arguments
- The Haryana Government’s policy dated 25.07.2024 includes doctors working in urban areas in the in-service quota, which, according to the petitioners, violates the Postgraduate Medical Education Regulations (2000).
- These regulations reserve 50% of seats for medical officers who have served at least three years in “remote and difficult areas.”
- Allowing urban doctors into the quota deprives eligible rural-serving doctors of their rightful admissions.
Petitioners Further argued
Supreme Court in 2021, a judgment was passed that mandates a separate channel for rural, remote, or difficult-area-serving doctors to access postgraduate seats, based on their service.
Meanwhile Final Result has been now declared but admissions for in-service candidates granted a No Objection Certificate (NOC) without pay by their parent department will depend on the final judgment of this writ petition, currently pending before the Hon’ble Punjab and Haryana High Court.
Next Date of Hearing – 16th Dec 2024, Wednesday.
This article will be updated time to time, so stay tuned for further updates.
The Medical Bulletin
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