SC rejects Quota system at super specificity level appointments

NEW DELHI: The Supreme Court on Thursday blocked caste-based reservations in appointments to faculty posts in premier All India Institute of Medical Sciences (AIIMS) saying constitution benches of the court had repeatedly and concurrently warned against reservation at super-specialty level.

"There were certain services and posts where either on account of the nature of duties attached to them or the level in the hierarchy at which they stood, merit alone counts. In such, situations, it cannot be advised to provide for reservations" a five-judge constitution bench of Chief Justice Altamas Kabir and Justices S S Nijjar, Ranajan Gogoi, M Y Eqbal and Vikramjit Sen said quoting from the judgment a nine-judge bench delivered in Indira Sawhney case.

The court quoting from Indira Sawhney verdict, which had upheld the 27% reservation for OBCs in Central services, said: "In certain services in respect of certain posts, application of rule of reservation may not be advisable in regard to various technical posts including posts in super specialty in medicine, engineering and other scientific and technical posts."

The Faculty Association of AIIMS and Resident Doctors Association, which had challenged the reservation scheme being applied to appointments in premier institutes faculty positions, had argued that that all these posts required qualification in a super-specialty course.

AIIMS, however, cited Eklavya tale of Mahabharat and supported continuance of reservation for appointments in faculty positions in AIIMS saying without quota the Eklavyas would always lose to Arjun who had the backing of the traditional system. The Centre, too, supported the stand of AIIMS.

What prevailed upon the bench headed by the Justice Kabir was the Indra Sawhney case, which while stressing the relevance and significance of merit at the stage of initial recruitment, had cautioned that reservation too implied selection of less meritorious person.

While giving due weight to AIIMS and government argument that SC, ST and OBCs needed social uplift through reservation, the bench said it could not overlook the plausible view that "the very concept of reservation implies mediocrity and we will have to take not of the caution indicated in Indra Sawhney's case."

After reiterating the caution and subscribing to the judicially settled view that there could be no reservation in the super-specialty posts, the bench said: "We impress upon the central and State governments to take appropriate steps in accordance with the views expressed in Indra Sawhney's case and in this case, as also the other decisions referred to above, keeping in mind the provisions of Article 335 of the Constitution."

Article 335 of the Constitution provided: "The claims of the members of the SCs and STs shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of Union or of a State."

Appeared in TOI

NEET: Legal recourse only option, Azad says

NEW DELHI: Legal recourse was the only option for a review on the Supreme Court judgement quashing the single entrance test for medical courses, Union health minister Ghulam Nabi Azad said on Friday. "We have to see if we can go for the review or whatever else is required to do," he said.

"The review petition is likely to be filed by next week, subject to the legal opinion," director general of health services (DGHS) Jagdish Prasad said. The SC verdict would undo all efforts made by the ministry and the medical council to streamline undergraduate and post-graduate medical admissions in the country, he added.

Azad said students across the country would now have to appear in different examinations and still not be sure of admission. More students would have gained admission through a common entrance test, he said, adding that many seats blocked by students who get admission in more than one college, go vacant.

A three-judge bench had on Thursday struck down the NEET as unconstitutional by two-to-one majority and ruled that the Medical Council of India (MCI) had no power to issue notifications in 2010 to regulate admissions to 271 medical colleges 138 run by the government and 133 under private management, offering 31,000 MBBS and BDS as well as 11,000 MD seats.

Several academicians including the Dr SK Sarin, ex-chairman of MCI's board of governors, criticized the move saying it would discourage poor students from applying for admission in private colleges, many of which charge stiff capitation fees.

"Applying for multiple examinations involves huge expenditure - cost of the admission form, money spent in travelling to examination centers - and there is also variation in the examination pattern. NEET aimed at reduce the trouble," he said.

The former MCI chief pointed out that NEET was given a go-ahead by the apex court itself in December 2010 following which a gazette notification was issued for its implementation. "I hope that the SC decision is revoked," Sarin added.

Source: TOI

Govt not happy with SC ruling against NEET

New Delhi, July 19: The Supreme Court order abolishing the common national entrance examination appears to be a 180-degree turn from the court’s earlier observations on such a test, government officials and doctors have said. Senior health ministry officials said they were studying yesterday’s 203-page order quashing the common entrance tests for undergraduate and postgraduate courses in medicine and dentistry.

Sections of medical educationists and health officials today pointed out that the Centre had introduced the National Eligibility Cum Entrance Test (NEET) after consultations with states keeping in mind the Supreme Court’s observations during earlier cases.

“The Supreme Court itself had articulated the benefits of holding a common entrance test,” a member of the board of governors of the Medical Council of India (MCI) told The Telegraph. “The court wanted the exam held by 2012, but the government had to seek a postponement because of logistical difficulties.”

About 90,000 doctors had taken the common postgraduate NEET during November-December 2012 and over 700,000 students appeared in the undergraduate NEET in May this year.

The 2:1 verdict from a three-judge bench held that the MCI was not empowered to impose common entrance tests as such a move violated constitutional provisions that guarantee citizens fundamental rights to set up and administer their own private unaided educational institutions without government interference.

“This ruling is most unfortunate,” a senior government official said. “There has not been a single complaint yet (about the NEET) from the candidates who took the examination or from the student or parent community.”

A senior faculty member at a government institution said the Supreme Court had itself observed in a ruling in 2005 that a candidate requiring to appear in several tests would be subjected to “unnecessary and avoidable expenditure and inconvenience”.

“The verdict yesterday seems like a 180-degree turn,” said M. Vivekanandan Pillai, a senior faculty member at the Indira Gandhi Medical College and Research Institute, Puducherry. “It ignores observations made by earlier benches.”

In a ruling delivered on August 8, 2005, the court had said that a common entrance test conducted by an agency with the “utmost credibility and expertise” would ensure the fulfilment of the twin objectives of “transparency and merit”.

“(A) CET (common entrance test) is necessary in the interest of achieving (these) objectives and also for saving the student community from harassment and exploitation,” the court had observed in 2005.

“Holding of such common entrance test does not cause any dent in the right of minority unaided educational institutions to admit students of their choice.”

The court had said such institutions could pick students of their choice from the list of successful candidates prepared through the common entrance test without altering the order of merit of the students so chosen.

Several private medical colleges and states such as Tamil Nadu had opposed the NEET, arguing that the diversity of educational standards across states made such an examination impractical.

Sections of the medical faculty in private colleges opposing the NEET had argued that the test would also erode the autonomy of private institutions.

“Let the central government create its own colleges and use the NEET there,” said T. Gunasagaran, the dean of the Saveetha Medical College, Chennai.

While proponents of the NEET acknowledge the need to provide autonomy and flexibility to educational institutions even in the matter of admissions, they argue that the practice of selling medical seats to candidates is so rampant that the NEET was seen as a way of cleaning it up.

“We cannot let some colleges allow candidates in the 20 percentile region to become doctors,” said a senior government official, requesting anonymity. “Without the NEET, children may need to take anywhere from six to 15 exams.”

But those opposing the imposition of the NEET point to the admission processes in Canada, the UK and the US where individual medical schools can set their own criteria to choose their candidates.

While university medical schools in Canada and the US require students to take a medical college admission test, they also use additional criteria such as the subjects taken in earlier classes, work experience and even recommendation letters to decide who is offered admission.

In the UK, medical schools pick students on the basis of their grades in the qualifying A-level examinations and an interview where the panel may also take into account factors such as extra-curricular work performed by candidate in the community or hospitals.

From The Telegraph

NEET PG case Verdict: Reactions from different people

The Supreme Court today struck down the conducting of the National Eligibility and Entrance Test (NEET) for medical courses.

The apex court said that the examination should not be held, adding that while the Medical Council of India (MCI) can set down the conditions for examinations, it cannot conduct them, CNN-IBN reported.

The verdict has predictably been greeted with mixed responses. Here are a few of them:

Cardiologist Dr Devi Shetty, who was also the member of the Medical Council of India when NEET was conceptualised, toldCNN-IBN the intention behind holding the examination was to have a common entrance examination so that students do not need to run around the country. “We did not want a common admission process. The country cannot let that happen. The purpose was to reduce the misuse,” he said.He added that there is corruption in admissions in private colleges as there is an acute shortage of medical seats. Private colleges have the right to conduct exams as they invest so much, he said.
COMED-K CEO S Srikanth said, “What is important is the quality of medical education. The admissions are mostly based on money factor and not the merit factor.”
Senior lawyer Harish Salve said there is a need to fix the standard of every university. “Instead of having limitations, why not promote opening of more universities. There are malpractices because of shortage of medical seats. Why can’t India have enough seats so that entire manipulation business comes to an end?” he said.
Prashant Bhushan said that when it had become clear that private colleges are admitting the students by admitting bribes,then it was open for the MCI to come up with a common entrance test to lay down uniform standard.

There was a mixed reaction among students as some were happy with the verdict while others said NEET was more transparent.

One of the students said now at least there is some clarity regarding what type of examination will be conducted. “But NEET still would have been better as it would have improved the standard of medical education in the country,” he said.

Another student was disappointed with the verdict and said, “For four months, we were preparing for NEET, now we have to prepare differently for our exams.”

Source: FIRSTPOST INDIA

Karnataka planning to impose fine on PG and MBBS doctors for skipping rural service

Minister for Health and Family Welfare U T Khader said on Monday that the State government plans to levy a fine of Rs 25 lakh on postgraduate doctors who do not complete their compulsory rural service.

Replying to a calling attention motion by BJP member K Govindaraju, regarding the shortage of doctors in rural areas, Khader told the Legislative Council that the government also had plans to impose a fine of Rs 15 lakh on doctors with postgraduate diploma, who do not fulfill their service conditions.

MBBS graduates will have to shell out a fine of Rs 10 lakh, if they fail to complete their service in rural areas. He said that at present, doctors who do not complete their rural service have to pay Rs one lakh as fine, but 900 doctors have opted to pay the fine and stay away from the villages. “The State had decided to fill up 600 vacancies for medical officers, but only 252 candidates applied for the post. During the counselling to allocate the place of posting, only 137 candidates came. Of these, only 75 candidates have joined duty,” he said.

Bond binding on PG doctors in Assam

Guwahati, July 12: The Assam government has decided to introduce a bond system prepared in 2005-06, which will make it mandatory for post-graduate doctors to serve in government hospitals and in rural areas for 10 years.

In case of non-adherence, doctors will have to pay a compensation of Rs 10 lakh to the government.

A meeting between health minister Himanta Biswa Sarma and new post-graduate doctors is expected to be held at Srimanta Sankaradeva Kalakshetra here tomorrow. The objective of the meeting is to take doctors into confidence for effective enforcement of the bond.

Sources said many post-graduate doctors were shying away from serving at public hospitals citing various reasons and excuses like lack of facilities and infrastructure. They are, instead, treating patients at private hospitals soon after completion of their course. Many doctors have approached the courts with a plea to exempt them from serving the government on different grounds, leaving the latter with no option other than await the court’s decision.

Sarma told The Telegraph from New Delhi that tomorrow’s meeting would try to sort out problems that doctors face in government hospitals and enforce the bond in “mutually convenient ways”.

He said such bonds cannot be enforced without taking the medical fraternity into confidence. “Every doctor will have to sign the bond. In case they fail to comply, they have to pay a compensation of Rs 10 lakh while the government will not issue them permanent certificates,” Sarma said.

Sarma said the move was aimed at ensuring availability of senior doctors at government hospitals.

“The government spends about Rs 20 lakh to Rs 25 lakh to produce a doctor and it is expected they pay back by serving at government hospitals. The very objective of the government pumping in huge amounts of money to improve infrastructure and other facilities at government hospitals will be defeated if there is an inadequate number of doctors,” he said.

The minister expressed the hope that tomorrow’s meeting would be very fruitful.

Appreciating the step, a young post-graduate doctor at Gauhati Medical College and Hospital said he would definitely attend the meeting.

“No true doctor can ignore his or her patients whether they are at government or private hospitals. But if I do not get the basic facility, be it paramedics, equipment or medicines, it will be very difficult to perform my job at any hospital. Before enforcing the bond, the government must address these problems,” the doctor said.

Another doctor said he would love to serve in a government hospital not only for 10 years but his entire life. “I think such decision depends on an individual’s list of priorities. In a profession like a doctor’s, earning money is not the sole objective. For me, serving patients come first. I think the facilities available at GMCH are far superior to those at many leading private hospitals,” the doctor said.

The government has already made it mandatory for MBBS students to serve in rural areas for a year before they appear for the post-graduate entrance test. No student is allowed to appear for the test if they do not serve the rural populace.

From: The Telegraph

DNB CET Jan 2013 - Second Counseling - Revised Schedule

The Important Points here:

1. Counseling starts from 1st August 2013.
2. Ranks till 13000 are called for counselling.
3. Guidelines are added for the students who have deposited their documents to some other medical college through some other counselling.

Revised Schedule for 2nd Round of Counseling - DNB CET- Jan 2013 Admission Session

Kind Attention: Applicant candidates for DNB CET November 2012

The second round of DNB CET Centralized Merit Based Counseling shall be conducted by NBE from 1st August 2013 to 7th August 2013 at NBE Dwarka Office, New Delhi.

Click here to view & download the revised schedule of DNB CET – 2nd Round of Counseling Jan 2013 admission session

§ No fee is required to be paid by the candidates who have participated in the first round of counseling and have opted for participation in the 2nd round of counseling. Candidates beyond merit position 6000 who will be participating in the counseling for 1st time are required to pay counseling fee of Rs. 2000/- by means of Demand Draft in favour of National Board of Examinations, payable at New Delhi, on the day of counseling at counseling venue itself.

§ Participation in the Counseling shall be strictly as per the eligibility criteria and guidelines mentioned in the Information Bulletin for DNB CET (November 2012) and Handbook for DNB CET Centralized Merit Based Counseling - January 2013 admission session and notices/clarifications issued by NBE in this regard.

§ Candidates are required to bring their RANK LETTER at the time of counseling along with other prescribed documents. For participation in counseling candidates can download their rank letters from the link given below:-

Click here to download the Rank Letter - DNB CET Centralized Counseling January 2013 admission session

· List of Documents Required for Counseling: Candidates have to bring the following documents IN ORIGINAL. In addition, candidates are also required to bring certified photocopies of the documents mentioned at S.No. (i) to (xi). Certified photocopies have to be submitted to NBE at the time of verification of documents:

i. Rank Letter downloaded from NBE website www.natboard.edu.in
ii. DNB CET Result Certificate (November 2012) downloaded from NBE websitewww.natboard.edu.in
iii. MBBS Degree certificate/Provisional Pass Certificate of MBBS*
iv. Permanent Registration certificate issued by MCI/State Medical Council for registration of MBBS qualification.
v. Proof of MBBS Qualification being recognized as per IMC Act/Central Government.
vi. Internship Completion Certificate (internship completion date must be on or before 31st January 2013).
vii. Mark sheets of all MBBS Professional Examinations.
viii. Matriculation/High School/Higher Secondary Certificate as a proof of Date of Birth.
ix. SC/ST/PWD/OBC certificate issued by competent authority, if applicable. Caste certificate must be issued by competent authority. The sub-caste should tally with the central Govt. list.
x. Any document (Bonafide certificate/Mark sheet/Attempt Certificate etc issued by concerned institution/medical college) confirming the name of the institution/medical college from where the MBBS qualification was pursued.
xi. Any other relevant certificate or document.


*Provisional certificate of MBBS Qualification is permissible only for those candidates who had passed the MBBS Qualification in the year 2012.

If the candidate has passed MBBS Qualification before 2012 and the MBBS degree certificate has not been issued to him/her so far by the concerned university/Board, documentary evidence to this effect in form of a letter from competent authority of respective university/Board is to be furnished at the time of counseling.

If a candidate is employed or under any kind of bond, he/she has to furnish a ‘No Objection Certificate or/and Relieving letter’ issued by competent authority of concerned University /Employer before the cut off date prescribed to join the DNB course in case he/she decides to opt for a confirmed seat. The seat allotment letter to such candidates will be issued only after a copy of ‘No Objection Certificate or/and relieving letter’ is submitted to NBE.


Click here for Guidelines for candidates who have deposited their Original documents/certificates at other Medical College /Institution.

· Candidate has to be present in person on the day of his/her counseling to participate in the counseling at scheduled time specified in his/her Rank Letter.

· The final seat matrix shall be displayed at the counseling venue and NBE website before the start of second round of counseling. List of indicative seats is available at the NBE website.

Click here for list of vacant DNB (Post MBBS) seats - January 2013 admission session

· Candidates may note that there shall not be any further round of counseling for Jan 2013 admission session. Consequently, there shall not be any provision to opt for further round of counseling.

· For any further clarification/assistance related to DNB CET Centralized Merit Based Counseling – January 2013 admission session, please write to NBE at e-mail ID [email protected]

NEET PG case - Final Verdict - SC gives decision against NEET PG

New Delhi: The ambiguity over the National Eligibility cum Entrance Test (NEET) ended on Thursday when the Supreme Court quashed the validity of the common entrance exam both for undergraduate and postgraduate medical and dental courses in government and private institutions.
In a majority judgment, Chief Justice Altamas Kabir and Justice Vikramajit Sen held that it was beyond the powers of the Medical Council of India to make such an arrangement of common entrance test both for government and private institutions.

However, in a dissenting judgment, Justice Anil R Dave dismissed the petitions by private medical and dental colleges challenging the MCI notification providing for common NEET for both undergraduate and postgraduate medical and dental courses.
The medical education standoff started with MCI's decision to conduct the first-ever common entrance examination, the NEET, for admission to MBBS and post-graduate courses in medicine as well as dental courses. The proposal was, however, opposed by the private medical and dental colleges and they moved the apex court.

In an interim order, the SC had directed the MCI and all private colleges to start their admission process, as per the old guidelines where the MCI, state governments and private colleges conduct their separate exams. 

Well What i feel is this decision was obvious. Looking at the chain of events in the past months starting from Dec 2012, when SC gave permission to private colleges to conduct separate exam, it was hinted that MCI and NEET PG is on the weaker side. Then again and again SC in the interim orders quashed the main purpose and validity of NEET PG at every step, be it decision of declaring result before verdict or proceeding with separate counselling and admission. Once SC gave the interim order of proceeding with admissions to private colleges, it became almost clear that NEET PG lost the hold on the case, and SC is extending the case just as a formality.

Anyway with all this mess, the people suffers are only Medical Students/Doctors who are preparing day and night to get a decent PG seat. These uncertainities increase the mental tension among the students and cause wastage of time for preparation, the cost of which is one wasted year and harassment of preparation again.

But it looks like we Medical students has no right to say anything even after going through all this mess.

And Now again the question arises

1. Who is going to conduct the entrance exam?
2. When will be the exam - Dec or Jan?
3. What will be the pattern - Online or Paper/pen?

The time is running out, its almost August and students are in dilemma so as to how to proceed with the preparation for next entrance exam.

DNB CET July 2013 Session Notification

Download Information Bulletin

DNB Cet Jan 2013 - Second counselling update