Thread by @barandbench

#SupremeCourt to shortly hear a plea challenging last-minute changes to the pattern for the National Eligibility cum Entrance Test (NEET) PG Super Speciality exam 2021 (NEET SS 2021) #NEET2021

Central government has told the Supreme Court that it has decided to postpone the National Eligibility cum Entrance Test (NEET) PG Super Speciality exam 2021 (NEET SS 2021) for January 11-12, 2022

barandbench.com/news/litigatio…

Matter to be heard at 2 pm
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Matter starts

Adv Prashant Bhushan: counter has been filed by Union

Sr Adv Shyam Divan: please see the order of Sept 20 of this court

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Sr Adv Divan reads the order of #SupremeCourt passed on Sept 20 encapsulating the facts of the case

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Divan: The example furnished in Annexure P-2 to the writ petition indicates that as a result of the new pattern, all questions for the Critical Care super specialty will be drawn from General Medicine, thereby leaving students from other specialties at a serious disadvantage

Divan: in the counter filed they have said they would like to adhere to the change in pattern, i will come to that.

Divan: We have challenged the scheme of the examination. counter recognizes that indeed there is a dramatic departure from the pattern which was holding the field.

Divan: for SS course, doctorate of medicine, previous regime was there was 5 eligible PG branches ..each of these branches were recognized and thus we were eligible. For SS there was 60 percent questions and 40 percent was from feeder courses

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Divan: under the new scheme you have 100 percent questions from general medicine and no questions from critical care or other specialty branches.

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Justice Chandrachud: can you show us from information bulletin from 2020 to show how it is different from 2021. We have seen the 2021 one...

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Sr Adv Divan: 13 groups are indicated and super specialty subjects have been indicated

Justice Chandrachud: Now questions will be 100% from general medicine?

Divan: yes, My Lord

DYC J: so earlier 60 percent was general and 40 was from super-specialty.. but now it is 100 percent general or will it have other branches too

Divan: 100 percent general medicine

Will it be 100 percent general medicine or will it have topics from feeder courses: DYC J

Adv Prashant Bhushan: these people have already done MD. So now MD can be done in general medicine or in some other subjects too. now they say all questions will only be from general med

Bhushan: My client did his MD in Radiation Oncology. now they want to super specialisation in medical oncology. but they say 100 percent questions will be from general medicine. This change is patently discriminatory. it has been done in great hurry.

Justice Chandrachud to Sr Adv Maninder Singh: suppose a doc wants to super specialize in critical care medicine is it necessary for him to know general medicine subjects?

Justice Chandrachud: previously 40 percent was from all feeder courses but now you are saying 100 percent to be from general medicine courses.

DYC J: See how botched up our educational system has begun. you make them study for this exam and they have done their padhai long time back.

DYC J: first lets see how was the scheme before. for 40 percent question earlier.. it was from anaesthesia, general medicine, surgery or emergency medicine .... so now the candidate who did anaesthesia .. even they will get some questions.

DYC J: But this will benefit only the candidates who specialised in general medicine. what is the great hurry to do this?

Singh: experts have taken a call

DYC J: but experts are subjected to article 14. this is just benefiting general medicine students at the cost of others

Sr Adv Singh: there are seats wastage in the process

DYC J: tell us under 5,000 super specialty seats how many are under government and how many are under private? its for the management of colleges to see seats wastage, etc.

DYC J: have some concern for the students. what is the hurry ... you have an exam pattern which has held field since 2018, so why now?

Sr Adv Singh: three meetings were held between DNB, NMC and health ministry.. these allegations of Mr Bhushan on us lying.. he should be more circumspect

Justice Chandrachud: some things are said in heat of moment. please ignore it

Sr Adv Divan: please see how Dr Prateek Rastogi and Dr Amar Jyoti petitioners have been studying for NEET SS 2021 studied... one of them specialized in DM Hameatology. he says all efforts useless since part b has been done away with.

Divan: please don't allow this change in pattern for this year.... detailed arguments can be heard at a later stage. we have also filed written submissions on behalf of petitioners. these exams don't need only few weeks of preparation.. they have been preparing for a long time

Divan: there is a sufficient prima facie case for the grant of interlocutory relief.

Justice BV Nagarathna: what is the difference between super specialty course and super specialty? does a person study study a particular SS course?

DYC J: The name of SS is the broad grouping

Justice Vikram Nath: the grouping has been changed now

Adv Bhushan: In 2018, 60% questions were from SS & 40% from the feeder. They could only apply for 2 specialisations ..In 2021 100% questions are now from General Medicine..now see section 61(2). old changes had to be followed... then there is power of medical board

Adv Bhushan:it is the job of the PG Medical board to lay down curriculum and pattern of exam of this super specialty course and they have to be guided by the expert advisory board which is yet not formed

Bhushan: these changes have a very vital bearing on these exams. Nothing has been done. Board hasn’t applied it’s mind & the GOI has gone ahead with introducing the bearings which have wider impact.

Bhushan: these seats which have remained vacant are of private medical colleges who charge large capitation fees. very few are able to pay such large capitation fees.

Bhushan: we are in medical oncology and after this change we will be shut down.

ASG Bhati: we had three to four meetings after the last hearing. we have submitted our affidavit. this is not a counter affidavit since we have not got the writ of Mr Bhushan.

ASG: there has been allegations that rules have been changed after commencement of game: To say that the game had begun when tentative schedule was presented for the exams to be conducted in 2nd half of the year is not correct. 12,000 doctors have registered for the exam

Justice Chandrachud: its a matter of livelihood and career.. they don't have a choice at all. It appears that all this was done so that vacant seats don't remain
We want to know out of all seats how many are in private and how many are govt.

ASG: 414 colleges are there for SS courses and 114 colleges are government

Justice Chandrachud: these seats are never vacant in govt run institutions

ASG: It may be correct

SC: So the entire aspect looks like to fill up seats. is it not imp that students start preparing when they join PG course. its not like CLAT or something that they suddenly start studying, its a consistent pattern of study. students are committed.

The interest of students and the medical profession should weigh higher as they will be the torchbearers of this profession. we have forgotten them in this process: DYC J

Now 100% of questions will be from primary feeder. Idea is really to open it for general medicine so that seats don't go vacant but this is fundamentally changing the pattern of the exam. this shows the length of which you client is willing to go so that seats are not wasted: SC

ASG: There is a larger public interest behind our decision. if something is not working in larger interest then some amendments have to be made. grouping and subjects remains the same as in 2020 exam. purpose has been to give a broader choice.

ASG: No prejudice but comparative ease has been created for the student community. that is why examination is sought to be conducted on January 10, 2022.

DYC J: from serial number 1 to 12 all from general medicine and 13, 14, 15 is anesthesia in relevant sub. for all specialisations of SS Courses.... the questions is only on general medicine. Logic seems to be to fill the seats. but see the real prejudice to students

DYC J: The pictorial representation by ASG is very well done and it portrays the entire idea very well. this is the problem. no plan for future.. and just because you have authority it can be exercised would the heavens have fallen if it was done from next year?

DYC J: What would happen if a years time would be given to students to prepare. change the pattern its the domain of experts but do it in a way experts should do.. not in this fashion.

DYC J: Otherwise it sends a signal that medical profession and medical regulation has also become a business ! we hope better sense prevails. If there is an obfuscate element then arms of law are long enough to prevent that.

Singh: if there is an impression that it si done to fill the vacant seats, i will urge ASG that such impression is dispelled. Then this can be from next year only.. i can ask them to implement this from next year only. I can urge the ASG to enforce this from next year

Matter to continue tomorrow

Bench rises

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