NDLI: Neppali Sai Vikash & Ors Vs. Union of India & Ors

Neppali Sai Vikash & Ors Vs. Union of India & Ors

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Neppali Sai Vikash & Ors Vs. Union of India & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Education – Admissions – Post Graduate Medical Admissions – Reduction in percentile fixed for eligibility – Plea for further reduction in the percentile
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Miscellaneous Application
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Education – Admissions – Post Graduate Medical Admissions – Reduction in percentile fixed for eligibility – Plea for further reduction in the percentile – Held: Not tenable – Proviso to Regn. 9(3) of the Post-Graduate Medical Education Regulations stipulates that the Central Government has the power to lower the minimum marks for admission to PG courses in consultation with the National Medical Commission when a sufficient number of candidates fail to secure minimum marks – On facts, Central Government in exercise of this power had already reduced the minimum marks in consultation with the National Medical Commission – After stray rounds were conducted on the reduction in the percentile, only 282 seats are left vacant – Central Government has taken a considered decision to not reduce the minimum marks further – The Court would not be inclined to interfere unless there is a manifest arbitrariness in the decision making process or in the decision – There is no arbitrariness here – Responding to the vacancies, the Union Government took a decision after due consideration, of reducing the percentile by 15 – The Court would not be justified in the exercise of the power of judicial review to direct a further reduction of 5 percentile since that would be trenching upon the academic/policy domain – Post-Graduate Medical Education Regulations 2000 – Regn.9(3) – Judicial Review – Scope. Education – Admissions – Post Graduate Medical Admissions – Need for filling up vacant seats vis-à-vis other considerations – Held: The need for filling up vacant seats, which undoubtedly is a matter of public interest has to be balanced with other considerations such as ensuring that the batch of admitted students commences the course, the standards of medical education are not diluted and uncertainty is not created by ad-hoc reductions in the norms of eligibility.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 496
Petitioner	Neppali Sai Vikash & Ors
Respondent	Union Of India & Ors
SCR	[2022] 3 S.C.R. 591
Judgement Date	2022-05-02
Case Number	735

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