Court Dismisses Petition Challenging Reduction of Percentile Cut-Off to Fill Vacant Medical Seats
In a significant ruling, the Delhi High Court has dismissed a petition challenging the decision to lower the eligibility criteria for the NEET-PG 2025 examination. The court upheld the decision made by the National Board of Examination in Medical Sciences (NBEMS) to reduce the percentile cut-off during the third round of counselling to address the issue of vacant postgraduate medical seats.
The petitioner, Sanchit Seth, a qualified advocate, filed a Public Interest Litigation (PIL) against the notice dated January 13, 2026, which revised the cut-off scores for NEET-PG 2025. Seth argued that the decision to lower the qualifying percentiles compromised the merit-based selection process and posed a risk to public health by prioritizing seat occupancy over professional competence.
The court, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, heard arguments from both sides. The petitioner contended that the reduction in eligibility criteria was arbitrary and violated public policy, as it undermined the standards of medical education and the Right to Health under Article 21 of the Constitution of India.
However, the court found that the decision to lower the eligibility criteria was made after thorough deliberations and was not arbitrary or perverse. The judges emphasized that expanding the pool of candidates would ensure optimal utilization of postgraduate medical seats, thereby preventing potential vacancies. They also noted that lowering the eligibility criteria did not compromise merit, as actual admissions would still be based on merit, and selected candidates would need to complete the postgraduate medical course to qualify.
The court highlighted that the decision to adjust the eligibility criteria was taken at the highest level, involving officials from the Ministry of Health and Family Welfare and the National Medical Commission. The move aimed to address the issue of approximately 9,000 vacant seats after the second round of counselling, with an estimated 20,000 seats likely to remain unfilled nationwide.
In its judgment, the Delhi High Court reiterated that judicial review of administrative actions and policy decisions is permissible only on grounds of arbitrariness and perversity. The petitioner failed to demonstrate any arbitrariness in the decision-making process, and the court found no grounds to interfere with the ongoing counselling process.
The court's decision underscores the importance of filling vacant medical seats to ensure that aspiring medical professionals can pursue their specializations, ultimately benefiting public health services. The dismissal of the petition allows the revised eligibility criteria to remain in effect, facilitating the completion of the NEET-PG 2025 counselling process.
Bottom Line:
Lowering the eligibility criteria for NEET-PG 2025 post commencement of admission process to fill vacant seats is not arbitrary or against public interest; judicial review of such policy decision is permissible only on grounds of arbitrariness and perversity.
Statutory provision(s): Article 21 of the Constitution of India, Article 47 of the Constitution of India, NEET-PG 2025 Information Bulletin, Post Graduate Medical Education Regulations, 2023.
