Why did these doctors move SC seeking exit from seats joined post-AIQ round 2 counselling without penalty?

The Supreme Court was approached by aspirants of National Eligibility cum Entrance Test - Postgraduate (NEET-PG) seeking to exit from the seats they have already joined pursuant to the second round of counselling in the All India Quota (AIQ) of the counselling process without having to pay a huge penalty.

It was before the bench of Justices LN Rao and BR Gavai that the writ petition was listed but on Monday, May 9, the bench directed that the petitioners mention the same before the bench headed by Justice Chandrachud.

On behalf of the petitioners, Senior Advocate Siddharth Luthra along with Advocates Anmol Kheta, Tanya Srivastava, Raghav Sharma and Mitali Gupta, appeared. While the petition itself was filed via Advocate Salvador Santosh Rebello, as stated in a report by LiveLaw.in.

In the petition, it was argued that the imposition of such a penalty on a student seeking for an immediate exit from the death joined, without actually and factually working there under, or those who have recently joined, is arbitrary and in violation of the Indian Constitution's Article 14 and Article 21.

"Respondent States levy such huge and hefty penalties under a fallacious pretext that if a candidate is permitted to exit or leave a seat after joining the same goes waste and therefore the aforesaid hefty penalty is levied. However, it is submitted that such seats can always be put up in the stray round and / or any special round of counseling and / or in the subsequent NEET – PG counseling," the petition stated.

The plea went on to state that if penalties are not imposed by the states, the said seat will not go to waste as the same can be put up in the stray round and/or any special round of counselling and/or in the subsequent NEET – PG counselling.

Against this backdrop, it was further argued that, "The said seat can always be put up in the next rounds i.e NEET PG 2022 – 2023, and or the subsequent exam proposed to be conducted in the month of May 2022. Imposing of huge, hefty penalties are arbitrary and harsh on the students who desire to avail the best seats for advancing their medical career and serve the nation and humankind."

In the plea, the petitioners sought for directing the candidates who wish to resign and/or vacate the seat joined pursuant to the 2nd round of counselling to be allowed to exit without paying any penalty and allocating the vacant seats to the stray round and/or any special round of counselling and/or in the subsequent NEET – PG counselling.