Courts Update Supreme Court disposes of BDS Doctors’ plea on delay...

Supreme Court disposes of BDS Doctors’ plea on delay in announcement of counseling date for NEET-MDS (Masters Course)

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New Delhi Aug 11(ILNS): The Supreme Court of India disposed the petition filed by the BDS doctors aggrieved by the delay in the announcement of counseling date for NEET-MDS (Masters Course).

The bench comprised of Justice DY Chandrachud and Justice MR Shah ordered that the Union Government and Medical Counselling Committee shall comply with the said schedule in direct compliance for the MDS course 2021-22 for which the affidavit was submitted by the Union yesterday.

The affidavit filed by the Centre states that it will conduct the counseling from August 20th, 2021 till October 10th, 2021. The affidavit further states that the quota fixed to provide reservation to OBC (Non-Creamy Layer) will be 27 percent as per the central list of OBC and 10 percent reservation to the Economic Weaker Section (EWS) category as per Central Government norms in All India Quota (AIQ) seats.

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The petition was filed by dental surgeons, aggrieved by the delay in the announcement of the counseling date for NEET-MDS (Masters Course). On an earlier date, a divisional bench of Justice D.Y. Chandrachud and Justice M.R. Shah observed that the petitioner candidates are doctors who possess a recognized degree of Bachelor in Dental Surgery (“BDS”) awarded by a university or institute in India and registered with the State Dental Council. They have also obtained provisional/permanent registration and have also undergone a compulsory internship of a year in a recognized dental college. The Petitioners appeared in the National Eligibility cum Entrance Test (NEET)-MDS 2021 conducted on 16.12.2020 by the National Board of Examination (“NBE”) for admission to the Master in Dental Surgery course (“MDS”). The bench further observed that since the result was declared on 31.12.2020, it has been around 6 months since the candidate counseling is on hold which is a grave injustice to the candidates as their utmost valuable time is squandered.    

The Union in its affidavit has submitted that the delay in commencing counseling is not intentional but due to the outcome of Madras High Court Judgment wherein the Union government through Health Services was directed to constitute a committee and finalize its recommendations in consultation with all the states, including Tamil Nadu regarding the issue of OBC reservation in AIQ seats contributed by State Medical colleges under AIQ scheme. Further, this High Court order was challenged before the apex court but no stay was granted by the court, and the same was disposed of.  

The Union of India in its office memorandum on July 30th, 2021 has decided the aforementioned reservation quota while considering the judgment of Madras High Court, Supreme Court, and report of the committee. The same is annexed along with Affidavit./ILNS/AS/KR/SNG

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