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Judgment
SCHEDULE FOR ONLINE PG COUNSELING (MD/ MS/ DIPLOMA/ PG DNB Courses) FOR NEET 50%
AIQ/ 100% DEEMED/CENTRAL
UNIVERSITIES/AFMS (only Registration Part) and 100% PG DNB SEATS FOR THE ACADEMIC YEAR
2021",,,,,,,
1st Round,,,,,,,
SL
.N
o.","Verification
of Seat
Matrix by
Institutes","Registration/
Payment","Choice
Filling/
Locking","Verification
of
Internal
Candidates
by the
respective
Universities/
Institutes","Processing
of Seat
Allotment",Result,Reporting
1.,"7th January
,
2022 to
10th
January
, 2022","12th January,
2022 to 17th
January, 2022
up to
12:00
NOON ( as
per Server
Time)
Payment
facility will be
available up to
03:00 PM
of 17th
January,2022
as per
Server Time","Choice
Filling
:13th
January to
17th
January,
2022 (up
to 11:55
PM) as
per
Server
Time
Choice
Locking
from 04:00
PM of
17.01.20
22 to
11:55
PM of
17.01.20
22 as per
Server
Time","18th
January,
2022 to 19th
January,
2022","20th January,
2022 to 21st
January,
2022","22nd
January
, 2022","23rd
January,
2022 to
28th
January,
2022
,,(6-Days),(5-Days),(2-Days),(2-Days),(1-Day),"(06-
Days)
2nd Round,,,,,,,
2.,"1st Febr
uary, 2022
to 2nd
February,
2022","3rd February,
2022 to 7th
February, 2022
upto12:00
NOON as per
Server Time *
Payment
facility will be
available up to
03:00 PM of
7th February,
2022 as per
Server Time","Choice
Filling :
4th
February
, 2022 to
7th
February ,
2022 (till
11:55 PM)
as per
Server
Time
Choice
Locking
from 04:00
PM to
11:55 PM
of 7th
February ,
2022, as
per Server
Time","8th
February,
2022 to 9th
February,
2022","10th
February,
2022 to 11th
February,
2022","12th
February,
2022","13th
February,
2022 to
19th
February,
2022
,,(5-Days),(4-Days),(2-Days),(2-Days),(1- Days),(07- Days)
MOP-UP ROUND FOR ALL INDIA QUOTA/DEEMED AND CENTRAL UNIVERSITY SEATS/PG DNB SEATS,,,,,,,
SL. No.,"Verification
of Seat
Matrix by
Institutes","Registration/
Payment","Choice
Filling/
Locking","Verification
of Internal
Candidates
by the
respective
Universities/
Institutes","Processing
of Seat
Allotment",Result,Reporting
3.,"22nd
February,
2022 to
23rd
February,
2022","24th February,
2022 to 28th
February, 2022
(12:00 NOON
as per Server
Time) *
Payment
facility will be
up to 03:00 PM
of 28th
February, 2022
as per Server
Time","Choice
Filling :
25th
February,
2022 to
28th
February,
2022
(11:55
P.M as
per Server
Time)
Choice
Locking
from 04:00
PM to
11:55 PM
on 28th
February ,
2022 as
per Server
Time","1st March,
2022 to 2nd
March, 2022","3rd March,
2022 to 4th
March, 2022","5th
March,
2022","6th March,
2022 to
10th
March,
2022
,,(5-Days),(5-Days),(2-Days),(2-Days),(1-Day),(5-Days)
It is the common case of the parties that a revised counselling Information Bulletin was issued by the respondent no. 1 on the same date, i.e.,",,,,,,,
10.01.2022. This bulletin was however, followed by yet another revised bulletin, issued by respondent no. 1 on 12.01.2022. On both of these occasions,",,,,,,,
not only was the clause dealing with the reservation policy for central institutes including Vardhaman Mahavir Medical College & Safdarjung Hospital,",,,,,,,
Atal Bihari Vajpayee IMS & RML, ESIC Basaidarapur changed, but, the answer to FAQ No. 50 was also changed in the revised bulletin issued on",,,,,,,
12.01.2022. As per this policy, OBC reservation for PG against institutional preference seats was now restricted only to candidates in the central",,,,,,,
OBC list. Consequently, candidates like the petitioners who were falling in the Delhi OBC list were excluded from being considered for these reserved",,,,,,,
seats. This was in contradiction to the policy followed in NEET-PG 2020 when candidates in Delhi OBC were eligible for admission in the institutional,,,,,,,
preference seats.,,,,,,,
Aggrieved by this exclusion, the petitioners approached this Court on 14.01.2022, on which date, the matter was adjourned to 17.01.2022. On the",,,,,,,
said date, this Court was informed that in view of the clarification issued on 10.01.2022 as also the fact that the choice filling by the candidates was to",,,,,,,
begin on 13.01.2022, a notice had been issued on 15.01.2022 providing an option to the candidates to change their category to unreserved from",,,,,,,
SC/ST/OBC/EWS/PwD, so as to enable them to participate as an unreserved candidate in the counselling process. This option was open till",,,,,,,
18.01.2022. It has been jointly submitted by the parties that the petitioners have exercised this option, and already participated in the first round of",,,,,,,
counselling as unreserved candidates. As per the respondents, about 1200 candidates have changed their category and many of them, including some",,,,,,,
of the petitioners herein, have been allotted seats in postgraduate courses, where they have already joined.",,,,,,,
The petitioners' challenge to the impugned notification dated 10.01.2022 is primarily based on two grounds, the first being, that the respondent no.1",,,,,,,
has changed the 'rules of the game' after the commencement of the counselling and that too, just before when the candidates were required to fill their",,,,,,,
choices on 13.01.2022. The second being that the medical colleges in question, i.e., VMMC and ABVIMS are not central educational institutions",,,,,,,
within the meaning of section 2 (d) of the Central Educational Institutions (Reservation in Admissions) Act, 2007 (hereinafter referred to as 'CEI Act')",,,,,,,
and, therefore, the MCC has no authority in law to deprive the Delhi OBC candidates of their right to be considered under the Delhi OBC quota",,,,,,,
against the 50% institutional preference seats of respondent no.2/University.,,,,,,,
In support of the petition, learned senior counsel for the petitioners, Mr. Venugopal submits, that, since it is an admitted position that the",,,,,,,
amendment in FAQ No. 50, which provided that only candidates from the Central OBC List would be eligible to apply for the seats in the OBC",,,,,,,
category, was published only a day before the counselling process was scheduled to commence, the Delhi OBC candidates were left in the lurch and",,,,,,,
it was evident that the 'rules of the game' had been changed after the game had already begun'.,,,,,,,
He contends that the General Admissions Brochure issued by the respondent no.2 and the 'Information Bulletin and Counselling Scheme', is a",,,,,,,
document of importance, which is extremely vital for the prospective students to take decisions regarding the applications, was first published in",,,,,,,
October 2021. Thereafter, the petitioners herein, decided to apply under the OBC category seats, and until 12.01.2022, the petitioners had no reason to",,,,,,,
believe that there would be any change in the admission policy, especially at this stage of the counselling process. A policy decision such as this, which",,,,,,,
was likely to impact a large number of OBC candidates, ought to have been taken well in advance and widely published so that the candidates would",,,,,,,
not be caught off-guard and would have been in the position to take appropriate action in order to give themselves the best chance of succeeding. As,,,,,,,
it is, the petitioners were under the impression that they will be able to register for GGSIPU’s institutional quota seats as Delhi OBC candidates.",,,,,,,
He claims that this issue is squarely covered by the decision of this Court in Ankita Chaudhary v. GGSIPU 2016 SCC OnLine Del 3025, wherein,",,,,,,,
while dealing with a similar issue, concerning a policy issued at variance with the policy for the earlier academic session after the commencement of",,,,,,,
the admission process, it was held that the action of the university amounted to changing 'the rules of the game' after the game had already begun. He",,,,,,,
further submits that like the present case, the change was introduced just before the commencement of counselling, which the Court held was not",,,,,,,
permissible.,,,,,,,
He further submits that this approach has been denounced by this Court as well as by the Apex Court in a plethora of judgements and therefore,",,,,,,,
cannot be countenanced. In support of this plea, he relies on a decision in the case of ""Maharashtra State Road Transport Corporation and others. V.",,,,,,,
Rajendra Bhimrao Mandve and others"", (2001) 10 SCC 51, wherein, the Apex Court held that the 'rules of the game', i.e., the criteria for selection",,,,,,,
cannot be altered by the authorities in the middle or after the process of selection has already commenced. He also places reliance on ""K. Manjusree",,,,,,,
v. State of A.P. and Ors."" (2008) 3 SCC 512 and on ""Hemani Malhotra v. High Court of Delhi"" (2008) 7 SCC 11, wherein, this Court reiterated that",,,,,,,
changing the rules of the game after the game has already begun, is unacceptable.",,,,,,,
Mr. Venugopal then submits that the two institutes in question, i.e., VMMC and ABVIMS, which are claimed to be central institutes are, in fact,",,,,,,,
State institutes, in respect whereof the respondent no.1 had no authority to tinker with the reservation policy of the respondent no.2/University to",,,,,,,
which the institutions in question are affiliated. He submits that the central educational institutes have been defined under Section 2(d) of the Central,,,,,,,
Educational Institution (Reservation in Admission) Act, 2006 and none of these institutes fulfil the criteria prescribed therein.",,,,,,,
He submits that the two institutes - VMMC and ABVIMS being affiliated to the GGSIPU, which is a State University, would, therefore, fall under",,,,,,,
the category of State institutes. The candidates in the Delhi OBC list would, therefore, be entitled to be considered against the institutional preference",,,,,,,
seats and were always being extended this benefit, which has now been sought to be arbitrarily withdrawn. He submits that the very purpose of a",,,,,,,
State OBC list is to grant benefit of OBC reservation to candidates in the institutes in the State, but the respondent no.1 erroneously treating these",,,,,,,
institutions as Central educational institutes, is wrongly restricting the benefit of OBC reservation in the State institutional seats only to the candidates",,,,,,,
in the Central OBC List.,,,,,,,
By placing reliance on the decision of the Apex Court in ""Jaishri Laxmanrao Pattil v. Chief Minister, State of Maharashtra"" (2021) 8 SCC 1, he",,,,,,,
submits that the 105th amendment to the Constitution amending Article 342A of the Constitution of India was introduced with the objective of,,,,,,,
strengthening the federal structure of the country. This now enables the state governments to have different OBC lists, which cannot be permitted to",,,,,,,
be superseded or replaced by the central OBC list. He therefore contends that the Delhi OBC list has to be respected and ought to be applied to,,,,,,,
institutions affiliated with the state university.,,,,,,,
Reliance is also placed on a decision of this Court in ""Ram Awtar Manda& Ors v. Guru Gobind Singh Indraprastha University & Ors""., 2013 SCC",,,,,,,
OnLine Del 2368 wherein it was held that the medical colleges affiliated to the respondent no.2/GGSIPU are not 'Central Educational Institutions',,,,,,,
within the meaning of the section 2(d) of the CEI Act, 2006. Reliance is also placed on a decision of the Division Bench of the Bombay High Court in",,,,,,,
V. Anto v. Union of India and another 2009 SCC"" OnLine Bom 1268 wherein it was held that a medical college affiliated to the Maharashtra",,,,,,,
University of Health Science could not be treated as central educational institution within the meaning of section 2(d) of the CEI Act, 2006. He",,,,,,,
therefore, prays that the impugned notice be quashed and the petitioners be permitted to participate as OBC category candidates at least in the second",,,,,,,
round of counselling, which is still ongoing.",,,,,,,
On the other hand, Mr. Kirtiman Singh, learned counsel for the respondent no.1, opposes the writ petition by submitting at the outset that the",,,,,,,
respondent no.1 is conducting counselling for approximately 27 central institutes, wherein the central list of OBC (non-creamy layer) is followed. Both",,,,,,,
VMMC and ABVIMS are central funded and aided institutes in central government hospitals and therefore, in order to bring uniformity in the",,,,,,,
counselling process, it was decided that the same criteria of adopting the central OBC list as is being followed in other central institutes should be",,,,,,,
adopted. He submits that central OBC list is already being used for admissions in Under Graduate course since NEET-UG 2020 itself and, therefore,",,,,,,,
there is no reason the same should not be followed for the PG admissions.,,,,,,,
CENTRAL INSTITUTES
VMMC & SJH,A BVIMS & RML, ESIC
BASAIDARAPUR",,,,,,,
50% AIQ,50% internal seats,,,,,,
S.No.,"NEET-PG Counselling up to
2020",NEET-PG Counselling 2021 onwards,,,,,
1.,"2 rounds of AIQ counselling
· AIQ Round 1
· AIQ Round 2
Seats reverted back to the respective States
after completion of round 2 of AIQ.","4 rounds of AIQ counselling
·AIQ Round 1
·AIQ Round 2
·AIQ Mop-up Round
·AIQ Stray Vacancy Round
No seat will be reverted back to the
respective States after completion of
round 2 of AIQ.",,,,,
2.,"Unfilled NRI/Muslim Minority/Jain Minority
seats are reverted to the Deemed Universities
after completion of Mop-Up Round for
conduction of Stray Vacancy Round by
Deemed Universities.","Unfilled NRI/Muslim Minority/Jain Minority
seats to be converted to Indian National seats after
exhaustion of all the eligible NRI/Muslim Minority/Jain
Minority Candidates during the Mop-Up Round before
reverting it back to the respective Deemed University.",,,,,
3.,"Reservation Policy of AIQ:
à S.C.- 15%
à S.T.- 7.5%
à S.T.- 7.5%
à O.B.C.- (Non-Creamy Layer) as per the
Central OBC list27% (Only in Central
Institutes/University)
à EWS- as per Central Government norms-
10% (Only in Central Institutes/University)
à PwD- Horizontal Reservation as per NMC
norms- 5%","Reservation Policy of AIQ for Central
Institutes/University as
à S.C.- 15%
à S.T.- 7.5%
à O.B.C.- (Non-Creamy Layer) as per the Central
OBC list- 27%
à EWS- as per Central Government norms- 10%
à PwD- Horizontal Reservation as per NMC norms-
5%",,,,,
AMU,"An Institutional (Internal) candidate is one who has passed the
qualifying examination (MBBS/BDS as applicable) from This University
and completes his/her internship between April 01, 2018 and March
31, 2021 (both days inclusive).",,,,,,
BHU,"Only those Candidates who have passed BDS from Institute of Medical
Sciences, BHU in December, 2019 (Supplementary Batch by
31/03/2020) and have completed Compulsory rotary internship before
31/03/2021 will be considered for admission to MDS Course-2021 in
IMS, BHU under Internal (Institutional) quota pool, provided the
Candidates have appeared and qualified in NEET-PG 2021
Examination.
Candidate who are already pursuing MDS course in IMS, BHU
through Internal (Institutional) quota or passed BDS from Institute of
Medical Sciences, BHU in earlier academic years (i.e. before 2019) are
not eligible for admission to PG Course 2021 under
BHU Internal (Institutional) quota.",,,,,,
DU,"a) For Delhi University Quota:
The candidate must have passed final M.B.B.S examination (for
MD/MS/Diploma Course) and BDS examination (for MDS Course)
from the University of Delhi and must have completed satisfactorily
one-year compulsory rotating internship as on or before March, 31 of
the Year of admission and must have submit their internship completion
certificate at the time
of admission.
b) For All India Quota:
The candidate must have passed final M.B.B.S examination (for
MD/MS/Diploma Course) and BDS examination (for MDS Course)
from the recognized Institution/University and must have completed
satisfactorily one- year compulsory rotating internship as on or before
March, 31 of the Year of admission and must submit their
internship completion certificate at the time of admission.",,,,,,
Central Institutes
(VMMC & SJH,
ABVIMS & RML, ESIC,
Basaidarapur)","The eligibility for Central Institutes will be as per their admission
brochure. For more information please refer to their website.",,,,,,
NEET-PG Information Bulletin & Counselling
Scheme on Respondent No.1’s website before
13.1.2022","NEET-PG Information Bulletin & Counselling
Scheme on Respondent No.1’s website on
13.1.2022",,,,,,
Q. No. 50: What is the criteria for OBC
reservation in Central Institutes of IP University?
Ans: There will be provision for OBC candidates
of state quota of IP University to exercise their
right of OBC reservation in IP University seats
while they will be treated as UR (General
Category) in All India Quota.","Q. No. 50: What is the criteria for OBC reservation in
Central Institutes of IP University?
Ans: The rules of Central Institutes/University and the
OBC list as per Central Rules will apply.",,,,,,