Supreme court upholds ‘No seat relinquishment’ for AIQ PG medical courses

The Supreme Court on Monday reaffirmed that students who secure admission in All India Quota (AIQ) seats for Post Graduate medical courses cannot relinquish these seats after the second round of counseling for AIQ seats in the National Entrance-cum-Eligibility Test (NEET). The Court cited the order issued in May 2017 in the case of Dar-Us-Slam Educational Trust v. Medical Council of India regarding this matter.
The All India Quota (AIQ) is a 50% quota of postgraduate medical seats in India that are filled through a centralized counseling process conducted by the Medical Counselling Committee (MCC). The remaining 50% of seats are filled by the state governments through their own counseling processes.
A bench consisting of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra presided over the hearing of a writ petition. This petition had been filed by a student who had resigned from a PG medical seat allotted under the NRI quota.
The applicant had gained admission to a three-year postgraduate medical degree programme during the second round of counseling in the NRI quota on 24th February 2022. However, on 26th March 2022, the applicant decided to withdraw from the seat allocated to them. Subsequently, the third round of counseling occurred on 22nd April 2022, and it was followed by a fourth round for stray vacancies on 7th May 2022. The seat remained unoccupied.
In light of the petitioner’s decision, the Court observed that it had resulted in a vacant seat, thereby preventing another deserving student from securing admission. Considering this context, the Court declined to provide any relief to the petitioner.
“In the order of this Court in Dar-Us-Slam Educational Trust v. Medical Council of India, it was clearly specified that after the second round of counseling for All India Quota seats, students who secure admission in these seats should not be permitted to relinquish them,” the Court said in its order.
In the case Dar-Us-Slam Educational Trust v Medical Council of India, the Court’s ruling was:
“After the second round of counseling for All India Quota seats, students admitted to these seats should not be allowed to vacate them. This ensures that only a limited number of seats return to the State Quota, and that All India Quota seats are filled exclusively by students from the All India merit list. Furthermore, students securing admission in Deemed Universities following the second round of counseling conducted by the DGHS will not be eligible to participate in any other counseling.”

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