NEPPALI SAI VIKASH & ORS versus UNION OF INDIA & ORS

NEPPALI SAI VIKASH & ORS versus UNION OF INDIA & ORS

Because the Central Government, in consultation with the National Medical Commission, had exercised the power under the proviso to Regulation 9(3) of the Post-Graduate Medical Education Regulations 2000 to reduce the qualifying percentile by 15 and the available data (mop up and stray rounds) showed only 282 seats vacant in the all-India quota, the decision not to reduce the percentile further was a considered policy/academic decision and not manifestly arbitrary; judicial review should not direct a further 5 percentile reduction as that would trench upon the academic/policy domain and the need to balance filling vacancies with maintaining standards.

Parties
Petitioner: Neppali Sai Vikash & Ors; Respondent: Union of India & Ors
Jurisdiction
India
Judgment Date
02 May 2022
Procedural Posture
Miscellaneous Application No.735 of 2022 in Writ Petition (civil) No.124 of 2022 Under Article 32 of the Constitution of India / Miscellaneous Application Seeking Revival of the Petition Under Article 32; Application Dismissed by Judgment Dated 2 May 2022
Outcome
Miscellaneous Application dismissed
Legal Topics
Post Graduate Medical Education Regulations, NEET PG Percentile Reduction, Eligibility Criteria, Policy/academic Domain
Education Medical Education Admissions Administrative Law Judicial Review Post Graduate Medical Education Regulations NEET PG Percentile Reduction Eligibility Criteria +1 more

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Parties

Neppali Sai Vikash & Ors

Petitioner

Union of India & Ors

Respondent

Procedural Posture

Miscellaneous Application No.735 of 2022 in Writ Petition (civil) No.124 of 2022 Under Article 32 of the Constitution of India / Miscellaneous Application Seeking Revival of the Petition Under Article 32; Application Dismissed by Judgment Dated 2 May 2022

Legal Issues

  1. 1 Whether the Central Government should further reduce the qualifying percentile for NEET-PG admissions
  2. 2 Whether the Court should direct a further reduction of percentile under judicial review
  3. 3 Whether the decision not to reduce percentile further was arbitrary

Ratio Decidendi

Because the Central Government, in consultation with the National Medical Commission, had exercised the power under the proviso to Regulation 9(3) of the Post-Graduate Medical Education Regulations 2000 to reduce the qualifying percentile by 15 and the available data (mop up and stray rounds) showed only 282 seats vacant in the all-India quota, the decision not to reduce the percentile further was a considered policy/academic decision and not manifestly arbitrary; judicial review should not direct a further 5 percentile reduction as that would trench upon the academic/policy domain and the need to balance filling vacancies with maintaining standards.

Court Disposition

Miscellaneous Application dismissed

Orders

  • Miscellaneous Application dismissed
  • Application for impleadment disposed of