[1/13, 16:48] Sekarreporter1: To 12th January 2021
1. The Director General of Health Services
Ministry of Health and Family Welfare,
Government of India,
New Delhi – 110 108.
2. The Secretary,
The Medical Counselling Committee of
Directorate General of Health Services,
Ministry of Health and Family Welfare,
Government of India,
New Delhi – 110 108.
2. The Director,
Under instructions from our clients, Ms.Lavanya. R.M. (NEET-AIR-164528 and Ms.K.Reshma (NEET –AIR-169350) we hereby issue the Legal Notice to you for strict compliance of the Judgment of the Hon’ble High Court of Madras dated 11/01/2021 in W.P.Nos. 18903 & 18908/2020 and for strict adherence to the applicable Scheme published by you under the caption COUNSELLING SCHEME AND FAQ’S FOR NEET-UNDER-GRADUATE COURSES (MBBS/BDS) -2020-21 without any deviation.
Our clients had preferred the afore said Writ Petitions against the misplacement of Mr.Dakshancoumar as P-SC in JIPMER Internal Selection instead of P-UR and the consequential omission of allotment of a seat to Ms.Lavanya under P-SC in the place of Mr.Dakshancoumar and the consequential omission of allotment of the ST vacant seat to Ms.Reshma. The Results of the 2nd Round of counselling was the impugned proceedings in the afore said Writ Petitions. Following the ratio laid down by the Hon’ble Supreme Court of India, His Lordships Mr.Justice B.Pughalendhi was pleased to allow the Writ Petitions on 11/01/2021.
The Learned Counsel for the first and second of you, Mr.Srinivasamurthy was also directed to inform about the judgement for immediate compliance. Subsequent to the judgement you have now issued a Notice in Ref U-11011/04/2020/MEC dated 12/01/2021 and after ten minutes you had removed the said notice and after some time you had reissued the notice despite our bringing to the knowledge to the learned Counsel of the First and Second of you who had appeared on your behalf on 11/01/2021 that such proceedings as contemplated in the Notice and the attached eligible list of candidates are illegal and contemptuous in nature.
In your aforesaid Notice dated 12/01/2021 seeking Urgent Attention to JIPMER-Internal Candidates, you have adopted a strange deviation from your own scheme which will have the desired effect of an attempt to deprive any of the Writ Petitioners of their rightful admission to UG Medical Course 2020.
In your Notice, you had informed that MOP-UP round and stray vacancy round for JIPMER is being combined and collectively conducted by the JIPMER Authorities in the offline mode and you have directed JIPMER to conduct the combined counselling, in sheer violation of the applicable scheme as provided under Chapter 10- JIPMER in COUNSELLING SCHEME AND FAQ’S FOR NEET-UNDER-GRADUATE COURSES (MBBS/BDS) -2020-21. The relevant scheme is attached herewith and the relevant paragraph of the said chapter is extracted hereunder:
There will be four rounds of counselling i.e. Round 1, Round 2 of AIQ and Mop-Up Round & Stray Vacancy Round. Out of the four rounds, three rounds will be conducted online by MCC i.e. Round 1, Round 2 and Mop-Up Round. The Stray Vacancy round shall be conducted by JIPMER for which the list of registered Candidates for the Stray Vacancy round will be forwarded by the MCC to JIPMER……………………… .
The Hon’ble Court by interim order dated 16/12/2020 was pleased to direct that ‘the entire process can go on and the final counselling result shall await the orders of this Court. The respondents shall file their response and final orders will be passed on 21.12.2020’.
In accordance with the afore said interim direction the entire process, as contemplated under your scheme applicable to JIPMER as mentioned in Chapter-10 (as extracted above) should have been completed till MOPUP Round online counselling by the 2nd of you and the results alone should have awaited the orders of the Court and the final results of the counselling shall be subject to the judgement of the Hon’ble High court in the afore said Writ Petitions.
While our clients Ms.Lavanya.R.M. Roll No.3701015059 and Ms.K.Reshma Roll No. 3701007075 had duly exercised their choice participated in the first round, uploaded their domicile certificates as instructed, participated in the 2nd Round and they were deprived of the seats due to them, they had challenged the results of the 2nd Round of Counselling in the afore said writ petitions, one Ms.Chandralekha.C. Roll No.3701011221 had not submitted her choice in the MOPUP Round and she had also been informed that she did not submit any choice and therefore no seat is allotted.
In accordance with the directions contained in the Judgement dated 11/01/2021, Dhakshancoumar who was allotted a seat under P-SC shall have to be allotted a seat only under P-UR and he will be replaced by the SC Candidate in the impugned proceedings which is nothing but the results of the 2nd Round of Counselling. In the next round of counselling i.e. MOPUP Round, the results has to be revised accordingly by providing the vacant ST Seat to the next SC Candidate and only after publication of the results of MOPUP Counselling to be conducted and revised by the 2nd of you, the stray vacancy round shall be conducted by JIPMER i.e. the Third of you.
In Chapter-11 of the afore said Scheme, under the caption Registration and Counselling Process, the methodology of four rounds have been clearly mentioned, wherein it has been clearly stated that after the first three rounds, Round-1, Round-2 and MOPUP Round to be conducted by the second of you, the list of Registered Candidates ten times the number of Stray vacancies shall have to be sent by the 2nd of you to the Deemed / Central Universities/AIIMS/JIPMER to be exhausted strictly in order of merit.
Only thereafter the Final Stray Vacancy Round will be conducted by JIPMER in this case and a specific provision contained under the caption FINAL STRAY VACANCY ROUND in page 30 of your Scheme under Chapter-11 is as follows:
(There will be no Fresh Registration of Candidates in Final Stray Vacancy Round)
In such circumstances for strange reasons, unknown to our clients you had in your Notice dated 12/01/2021 had introduced a New Scheme in complete deviation of the prescribed Scheme by combining the MOPUP Round which is bound to be conducted by 2nd of you separately and the FINAL STRAY VACANCY ROUND for JIPMER Internal Seats which is bound to be conducted by JIPMER and the first/second of you had instructed JIPMER to conduct the combined and collective Rounds Counselling, which is not only out and out illegal but also Contemptuous in nature as the same has the effect of victimizing the Writ Petitioners for having approached the Hon’ble Court by depriving them of their rightful seats which are bound to be allotted in Round 2 to Ms.Lavanya and in MOPUP Counselling to Ms.Reshma, only in order to accommodate one Ms.Chandralekha.C. and Tamilarasan K.J who were declared as ineligible to participate in MOPUP Counselling.
In accordance with the SCHEME, the Round 1, Round 2 and MOPUP Round shall have to be conducted as ONLINE Counselling by the 2nd of you and the FINAL STRAY VACANCY Round shall be conducted as OFFLINE Physical Counselling by the respective institution. The very nomenclature provided for the STRAY VACANCY Round in Chapter -11 is FINAL STRAY VACANCY ROUND. The clubbing of the MOPUP Online Round by MCC along with the FINAL OFFLINE Round by JIPMER is out and out illegal and contemptuous in nature.
The MOPUP Round result has already been declared and issued to Ms.Chandraleka and Mr.Tamilarasan by the 2nd of you of as follows:
‘YOU DID NOT SUBMIT ANY CHOICE, THEREFORE NO SEAT IS ALLOTTED.’
One of the said declaration issued to Ms.Chandraleka Roll No. 3701011221 is attached herewith for ready reference.
It has also been specifically provided under the caption MOPUP Round in Chapter -11 REGISTRATION AND COUNSELLING PROCESS in your Scheme that publication of result of MOPUP Round has to be done on MCC Website and thereafter the list of registered candidates ten times the resultant number of the STRAY VACANCIES to be sent to JIPMER.
In the Q&A given in your Scheme, the 2nd paragraph in Answer to Question No.8 has been specifically provided as hereunder:
IF YOU DON’T REGISTER AND FILL IN CHOICES DURING REGISTRATION PERIOD, YOU WILL NOT BE ALLOTTED ANY SEAT. PLEASE ALSO NOTE THAT THE REGISTRATION WILL BE AVAILABLE ONCE BEFORE ALLOTMENT OF ROUND 1, BEFORE STARTING OF ROUND 2 AND BEFORE STARTUP OF MOPUP ROUND. THERE WILL BE NO FRESH REGISTRATION BEFORE STRAY VACANCY ROUND.’
It is also settled law that the Rules of the Game cannot be changed after the blowing of the whistle. The Scheme under no circumstances can be deviated by any of you and more specifically if the Scheme is deviated which will result in victimizing the Writ Petitioners by depriving them of their rightful seats entitled by them in accordance with the Judgement dated 11/01/2021 and the applicable SCHEME, such act tantamount to CONTEMPT OF COURT.
It is also important to note that the entire exercise is thoroughly illegal and Contemptuous and even those names like Tamilarasan K.J.Roll No. 3701004536 included in Sl.No.43 in your attachment to Notice dated 12/01/2021 is not included in the List of Candidates furnished to the Hon’ble High Court who were instructed to upload their domicile certificate for participating in Round 2. In fact one of our clients Ms.SHANTHINI MUTHURAMAN 46133 3701005287 who had preferred a Writ Petition through us against the rejection of Application for Residence Certificate has been included under the caption
‘EIGIBLE CANDIDATES LIST FOR JIPMER INTERNAL CANDIDATES UG 2020 ( 10 TIMES)’ as hereunder
S.No. Neet Rank Roll NO. Name
8 46133 3701005287 SHANTHINI MUTHURAMAN
The above inclusion shows that the entire exercise seems to be an hasty, ill-advised, illegal attempt to flout the Orders of the Hon’ble High Court to deprive the Writ Petitioners of their rightful seats. The inclusion of the persons who do not even have residence certificate; those who were declared as ineligible in MOPUP Round have all been included in the afore said Eligible Candidates List attached along with the Notice dated 12/01/2021.
The Following candidates whose MOPUP Results was declared by the 2nd of you that they will not be allotted any seats as they did not submit any choice and when the Scheme provides that there will be no fresh Registration before STRAY VACANCY ROUND have been included in the Eligibility List only because they have got higher marks in NEET than the Writ Petitioners under P-SC and their illegal inclusion in the illegal combining of MOPUP ROUND AND FINAL STRAY VACANCY ROUND that too as offline process cannot be for any other reason other than depriving the rights of the Writ Petitioners for allotment of seats Under P-SC in JIPMER INTERNAL QUOTA, which clearly tantamount to Contempt of Court.
S.No. Neet Rank Roll NO. Name
43 112324 3701004536 TAMILARASAN KJ
44 136356 3701011221 CHANDRALEKA C
While ‘10 Times’ will be applicable only to the Final Stray Vacancies Round, in accordance with the settled Law, MCI Regulations and your SCHEME, and the MOPUP Round online Counselling including the Eligible Candidates alone shall have to be first published and only ‘10 Times’ of the Resultant Vacancies shall have to be published for Final Stray Vacancies Round and there shall be no fresh Registration for such Final Round, the List Attached along with the Notice , mentions ‘10 Times’ by clubbing the vacancies for the MOPUP Round as well as the Final Stray Vacancies Round, defeating the very purpose of Final Stray Vacancies Round. Such act of combining/ clubbing Online MOPUP Round and Offline Final Stray Vacancies Round only in order to include the Candidates who were already declared as ineligible for allotment of seats in MOPUP Round and to deprive the Writ Petitioners of their rightful allotment of seats under P-SC Category JIPMER Internal for UG Medical 2020, clearly tantamount to Contempt of Court.
Thus the Notice in Ref – U-11011/04/2020-MEC dated 12/01/2021 in so far as combining the MOPUP Round and the FINAL STRAY VACANCY ROUND to be conducted by JIPMER Authorities in the Offline Mode and the attached Eligible Candidates List for JIPMER INTERNAL Candidates (10 Times) are out and out illegal being in clear violation of COUNSELLING SCHEME AND FAQ’S FOR NEET-UNDER-GRADUATE COURSES (MBBS/BDS) -2020-21 and the same is Contemptuous in Nature.
In the afore said facts and circumstances, under instructions from our clients, we call upon you to forthwith withdraw the NOTICE issued in Ref – U-11011/04/2020-MEC dated 12/01/2021 along with all the attachments including the Eligible Candidates List for JIPMER Internal Candidates UG 2020 (10 Times) and to forthwith declare Mr.G.Dhakshancoumar as allotted under P-UR and replace him by Ms.Lavanya R.M. 3701015059 under P-SC and to publish the revised online Results of MOPUP Counselling by allotting the ST Vacancy Seat to Ms.K.Reshma Roll.No.3701007075 in accordance with the Algorithm and only thereafter the List of 10 Times of Final Stray Vacancies have to be forthwith sent to JIPMER to conduct offline Counselling without including any fresh Registration Candidate, in strict compliance of the Judgement dated 11/01/2021; the MCI (The National Medical Commission) Regulations and COUNSELLING SCHEME AND FAQ’S FOR NEET-UNDER-GRADUATE COURSES (MBBS/BDS) -2020-21, failing which you all will be personally liable for facing Contempt of Court proceedings, making each of you liable for the consequences and costs thereof.
I fervently hope that taking the interest of the Girl Students who had all along fought their way to secure their rights and having secured the Judgement protecting their rights and to uphold the sanctity of the Hon’ble High Court, the 2nd of you and the 3rd of you will forthwith definitely issue proper and revised lists as afore mentioned and the first of you will ensure the same, in order to avoid precipitation of proceedings and in the interest of justice.
[1/13, 16:48] Sekarreporter1: Justice in the interest of students sat till 9.45 pm & delivered various judgements.
[1/13, 16:48] Sekarreporter1: Cent govt trying. To deviate from scheme to victimise petnr in violation of court order in lavanya& Reshma Jipmer cases . Contempt notice issued.
[1/13, 16:48] Sekarreporter1: Neet omr issue, s.c issue in Jipmer& bc muslim issue in Karaikal.