HC raps TN govt. for going by State merit list to fill NEET seats

Asks government to move Supreme Court to seek appropriate directions

Coming down on the Tamil Nadu government for not having brought to the knowledge of the Supreme Court that it had filled up 15% of the all-India quota (filled through NEET) medical seats going by the State merit list last year, the Madras High Court in a recent order hoped that the State government would immediately move the apex court and seek appropriate directions on the issue.

The observation of a Division Bench came on a batch of writ appeals filed by medical aspirants, who had appeared in NEET 2016. They had prayed for a direction to the authorities to grant them admission against the vacant seats, which were reverted to the State pool from the 15% all-India Pool. They had filed appeals against a single judge’s order. The Advocate General, however, submitted that after the all-India pool seats were filled by following the NEET-based merit ranking as and when candidates opted out of such admission leaving the seats vacant, the seats would automatically revert to the State pool.

The court was not convinced by the submission. “We express our total unhappiness about the State of Tamil Nadu for not participating in the inquiry before the Supreme Court. It ought to have brought to the notice of the Supreme Court promptly and faithfully the fact that it has filled up the vacant reverted seats from 15% All India Quota by adopting the State criteria of admission, but not based on All India merit ranking of NEET,” a Division Bench comprising Justices Nooty Ramamohana Rao and S.M. Subramaniam observed, while disposing of the appeals.

The Tamil Nadu government “should have invited the attention of the Supreme Court for an authoritative pronouncement” as to which procedure for admission should be followed in such a situation, the Bench said.

“The State of Tamil Nadu, hence, has to share the blame for its inability to comply with the order passed by the Supreme Court on October 6, 2016. Even now it would not be too late, perhaps, for the State to seek the necessary guidance from the Supreme Court,” the judges added. During the hearing of the case, the appellants’ counsel argued even if those seats were reverted to the State pool, the 15% all-India quota seats shall be filled by following the NEET ranking only as per the Supreme Court’s order. The Advocate General, however, stated that the reverted seats were “required to be filled based on the merit ranking of the State, which is the criteria to be adopted for admission against seats available in medical colleges.”

State should have notified SC that it filled the seats from 15% all-India Quota

Madras High Court

Dennis S. Jesudasan

 

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