The Supreme Court, in a recent judgment, nullified an interim order issued by the High Court of Calcutta on July 14, 2022. The contested order had permitted medical students to partake in counseling sessions for MBBS admissions in August 2022 at the West Bengal University of Health Sciences, using the NEET 2019 results as a basis.
The Division Bench of the Supreme Court, comprising Justices Vikram Nath and Ahsanuddin Amanullah, invalidated the High Court’s order on two primary grounds. The apex court emphasized that the
“2019 NEET results could not have been the basis for allowing counselling in the year 2022 for admission to MBBS courses.”
Additionally, the Court asserted that such a directive should not have been granted through an interim order.
Background of the Case:
The case centered around three petitioners who had taken the National Eligibility Cum Entrance Test (NEET (UG)-2019). Their respective rankings were 314773, 325058, and 664781, with percentiles of 77.5, 76.9, and 52.68. All three had applied for the EWS eligibility certificate on July 22, 2019.
The crux of the issue arose when these petitioners, based in Jalpaiguri, were informed they were ineligible for Round 2 Counseling at the West Bengal University of Health Sciences due to the non-issuance of their EWS certificates. By the time they received their EWS certificates on August 8, 2019, Round 2 counseling had concluded.
The High Court had observed the unfortunate circumstances, noting the petitioners’ high marks and commendable rankings in a nationwide examination. Given the unique situation, the Court had directed the Registrar-in-charge of the West Bengal University of Health Sciences to permit the petitioners to participate in the MOP UP counseling for the WB UG MBBS State Quota Seats 2019, based on their EWS Certificates.
However, the Registrar-in-charge appealed against this order. During the appeal hearing, the High Court acknowledged the petitioners’ claim that candidates with lower rankings had been admitted. Consequently, the Court decreed,
“This Court is, therefore, prima facie of the view that the petitioner should be at least allowed to participate in the counseling session for the admission process that shall commence in August 2022 for the admission to the MBBS course in the West Bengal University of Health Sciences.”
Current Status:
The Supreme Court, aiming to bring closure to this prolonged litigation, observed that the Single Judge’s 2019 directions, which were later stayed by the Division Bench, culminating in the 2022 order, needed resolution. As a result, the apex court upheld the appeal of the Registrar-in-Charge and dismissed the original writ petition.
The case, titled “The Registrar-In-Charge & Ors. V. Medhasree Goswami & Ors, Civil Appeal No.6084 Of 2023,” underscores the complexities of the admission process and the legal intricacies surrounding it, drawing attention to the challenges faced by students and institutions alike.
