SC rejects plea against NMC's decision to not hold NEET-SS exam in 2024

NEW DELHI: The Supreme Court on Wednesday dismissed a plea challenging a decision of the National Medical Commission (NMC) to not conduct NEET-Super Speciality examination this year, saying the postponement was "fairly equitable" and not "arbitrary".

The top court, however, said the NMC must take an early decision on deciding the schedule of National Eligibility-cum-Entrance Test-Super Speciality (NEET-SS) which will be taken up early next year.

"The schedule shall be announced not later than within a period of thirty days from today," a bench headed by Chief Justice D Y Chandrachud said.

The bench, also comprising justices JB Pardiwala and Manoj Misra, was in agreement with the submissions of the NMC that every year, around 40 per cent examinees, who would take up the NEET-SS, belong to current batches of the post graduate medical courses.

The counsel for the NMC said the PG medical courses, which started in 2022 instead of 2021 due to COVID-19, will conclude in January 2025 and if the NEET-SS is conducted this year then they will be deprived of the opportunities to take up this test.

"The students drawn from the 2021 PG batches (whose courses commenced in January 2022 and will be passing in January 2025) would be deprived of the opportunity to compete," the bench noted.

"This would result in a situation where two batches of the candidates would be competing for the same seats in the NEET-SS 2025 exam...Having understood the rival perspectives, it is not possible to reject the NMC's submissions," the bench said.

It noted that the petitioners have already appeared for NEET-SS exam earlier and hence, they will not be prejudiced.

"On the other hand if the NEET-SS is held in 2024, a situation would arise where the students, passing out in January 2025, would be deprived of appearing in the NEET-SS exam... There may be an element of hardship for petitioners, but hardship has to be balanced in light of the NMC affidavit," it said.

"Therefore, the decision of the NMC is fairly equitable and cannot be termed as arbitrary," the bench said while dismissing the petition.

The top court on July 19 had issued a notice to the NMC on the plea filed by 13 doctors including Rahul Balwan.

The NEET-SS can be taken by doctors having post-graduate degrees like MD, MS and DNB, or an equivalent qualification for admission to super-speciality courses As per news reports, NEET-SS is likely to be conducted in January 2025.

While issuing notices to the Centre, Medical Counselling Committee and the NMC, the bench also gave liberty to petitioners Rahul Balwan and 12 others to make NBE (National Board of Examinations) a party to the petition and listed it for hearing on July 26.

Referring to an earlier judgement, the petitioners had said the NEET-SS has to be held every year and, moreover, the time schedule has already been fixed by the top court for admission to super-speciality courses.

The lawyer had said the decision to postpone the exam this year apparently stemmed from the fact that there were delayed admissions to medical courses earlier due to the Covid-19 pandemic.