Decided on May 26,2020

Alapati Jyotsna And Others Appellant
UNION OF INDIA Respondents


UDAY UMESH LALIT, J. - (1.)This Petition under Article 32 of the Constitution of India seeks appropriate orders directing the Respondents to conduct "single counselling" for filling up seats in the Post Graduate Medical Courses leading to Degrees and Diplomas and the seats in DNB (Diplomate of National Board) Courses.
(2.)On 01.11.2019, a Notification was issued and Information Bulletin was published for holding NEET-PG[1] 2020 examination. The relevant portions of the Information Bulletin are as under:-

NEET-PG 20202 shall be the single qualifying cum ranking examination for admission to Post Graduate MD/MS/Diploma Courses for the academic session 2020 which will include the following:

i. All India 50% quota seats (all States and UT's)

ii. State quota seats, (including the UT's)

iii. All Private Medical Colleges, Institutions and Universities/ Deemed Universities all across the country

iv. Armed Forces Medical Services Institutions

v. DNB (Post MBBS) Courses.


3.1 NEET-PG 2020 is a qualifying-cum-ranking examination for admission to MD/MS/Post Graduate Diploma Courses of 2020 admission session. NEET-PG 2020 will be conducted by National Board of Examinations. Candidates may note that NBE has no role regarding counselling and allotment of seats except for DNB courses. NBE will not entertain any queries regarding availability of seats, counselling and allotment of seats other than for DNB Courses.


The Merit Based Counselling for allotment of PG seats shall be in accordance with gazette notification dated 31.07.2017. As per the Gazette notification:

"The Designated Authority for counselling for the 50% All India Quota seats of the contributing States, as per the existing scheme for Diploma and M.D./M.S. courses shall be the Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India. Further, the Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India shall conduct counselling for all post graduate courses (Diploma, M.D./M.S.,D.M/M.Ch) in Medical Education Institutions of the Central Government, Universities established by an Act of Parliament and the Deemed Universities.

The counselling for admission to Diploma and M.D./M.S. in all Medical Educational Institutions in a State/Union Territory, including, Medical Education Institutions established by the State Government University established by an Act of State/Union Territory Legislature, Municipal Bodies Trust, Society, Company or Minority institution shall be conducted by the State/Union Territory Government.

The counselling authorities for allotment of various types of seats to eligible and successful candidates is as follows:


Candidates are advised to regularly visit the website of MCC, NBE and State Counselling Authorities for latest updates.
17. NEET PG FOR DNB COURSES The merit list of NEET-PG 2020 shall be utilized by National Board of Examinations for admission to various Post MBBS DNB courses. No separate DNB CET shall be conducted.
17.3 ALLOTMENT OF SEATS The allotment of seats will be done by NBE based on NEET-PG 2020 marks and merit position. NBE will publish a separate information bulletin for admission to Post MBBS DNB courses."

[1] National Eligibility cum Entrance Test (Post Graduate)

(3.)The petitioners 1 to 4 appeared in the examination and secured ranks 35057, 35071, 45906 and 39667 respectively. In the counselling undertaken by the Medical Counselling Committee, going by their ranks, the petitioners could not get Degree courses or courses of their choice. Their grievance is that it is only after the regular seats of Post Graduate Courses leading to Degree and Diploma are exhausted that the counselling for DNB courses is undertaken; and those who have secured any seat in courses leading to Degrees and Diplomas are disentitled to lay any claim for DNB courses. Their grievance as culled out in one of the grounds taken in the Writ Petition is as under:-
"V. Because the candidates like the petitioners are being deprived of their choice of allotment as the counselling for DNB seats is not being conducted by the Medical Counselling Committee. The All India quota consists of various kinds of seats including payment seats and free seats. Suppose the petitioners select a payment seat or a discipline about which they are not keen, they cannot opt out and wait for counselling by the National Board of Examinations for DNB seats. They may or may not be allotted seat in DNB courses. If the counselling is conducted through a single stream for the DNB courses also, the candidates will be free to opt for either a payment seat of a seat in DNB courses. Now as they are not sure of getting a seat in DNB, they cannot forfeit their seat in the MD and MS courses through the same are not of their choices."


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