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A Supreme Court bench of Justices DY Chandrachud, Surya Kant and Bela Trivedi today clarified that PG Medical aspirants will lose the seat they obtained in Round-2 of the All India Quota Counselling only if they join a seat allotted to them in the special round of counselling for the newly added 146 seats.

Notably, Court appreciated the efforts of the Directorate General of Health Services (DGHS) in organizing a special round of counselling at such short notice.

The above clarification was made in a contempt petition filed challenging a Frequently Asked Question (FAQ) in the notice issued for the new round of counselling on the ground that it was contrary to the order of the Supreme Court passed on March 31, 2022, where it had set aside the mop-up round of counselling. It was argued that mere allotment of seats in the fresh counselling should not lead to loss of seat obtained in Round 2.

Court, hearing the parties, noted that "on April 2, 2022 the notice for fresh counselling was issued by DGHS with FAQs and during the course of the hearing it has been clarified that the last sentence of FAQ 2 should be read so as to mean that if a candidate has joined a seat allotted to her in the fresh round of counselling, she will not have a claim to the old seat."

Court further clarified that if a candidate is allotted a seat in the special counselling and does not take it, she will have to go back to the seat allotted to her in the second round. Court, thus, dismissed the petition saying it does not give rise to any contempt.

Supreme Court on 31st March 2022 set aside the All India Quota Mop Up round NEET-PG counselling. Court further directed that the 146 new government college seats that were made available for the Mop-Up round of counselling be redistributed by a new round of counselling.

Court has also directed that students who have not joined the counselling in the second round in both the State quota and the All India quota will be eligible to participate in the fresh round of counselling and that the fee they have paid will not be forfeited.

Court has held that students who have joined in the second round of counselling of the State Quota will not be eligible to participate in the new counselling.