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Supreme Court Passes Order to Conduct Counselling from 2021 Instead Of Present Year

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The Division Bench of the Supreme Court dismissed the writ petition. They directed the authorities to conduct common counselling from the next academic year onwards. The petition was to conduct single counselling for NEET-PG seats in DNB courses.  

Brief facts of the Case

The petition seeks order to direct the respondents to conduct ‘single counselling’ for filling up seats. The seats are of the Post Graduate Medical Courses leading to Degrees and Diplomas and seats in DNB (Diplomate of National Board) Courses. The counselling was under the NEET examination. The petitioners had appeared for the NEET 2020 exam. But based on their ranks, they could not get Degree courses or courses of their choice. The grievance is that only after exhausting the regular seats for PG courses, the counselling for DNB courses are undertaken. While those who secured any seat in Degrees or Diploma courses could not lay any claim on DNB courses.

Arguments before the Court

The learned counsel for the plaintiff contended that NEET-PG is the qualifying examination for admissions to Post Graduate courses leading to various Degrees and Diplomas. Yet, the candidates selected either for PG Degree or Diploma courses are not eligible candidates for DNB Courses. DNB courses are equivalent to PG Degrees. Thus, candidates who get selected for Diploma courses would lose their chance to be considered for DNB courses. This results in great prejudice.

The learned counsel appearing for the respondent submitted that the rank obtained by a candidate in the NEET-PG is utilised for various counselling. It included All India Quota, State Quota and DNB Seats. The counselling process for DNB courses already started. Candidates can assess their options based on their merit in the NEET-PB examination. They further submitted that the petitioner’s grievance of not given sufficient opportunity and choice is misconceived. They mentioned that few DNB seats are likely to be added in the Second round of counselling. 

Court’s view

The Supreme Court additionally heard opinions of the Medical Council of India and the Ministry of Health and Family Welfare. In response to that, it is settled that the counselling and admission process is now at an advanced stage. Accepting the submission of the petitioner at this stage will result in disruption of the process of admission for the present year. The Court said:

Since the petitioners have approached the Court at a stage where the entire process has been undertaken and many candidates have been allocated various courses in the Counselling, we do not deem it appropriate to pass any direction for the present year. However, going by the assertions made in the response filed by the Medical Council of India, we may observe that a common counselling or single online counselling in the coming years would definitely take care of any similar grievance.


In view of the above reasoning, the Supreme Court disposed of the writ petition. The court refused to pass any directions for the present year. The bench hopes that the authorities will have common counselling for DNB PG seats along with all Post Graduate seats for Degrees and Diplomas. This is to be maintained for the coming years starting with NEET-PG 2021 examination. is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

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