New Delhi, Feb 23
The Union Ministry of Health and Family Welfare has told the Supreme Court that the decision to reduce the qualifying percentile for NEET-PG 2025-26 was taken after detailed deliberations by expert bodies in view of a large number of vacant postgraduate medical seats and in the interest of optimal utilisation of national healthcare infrastructure.
An affidavit filed by the Directorate General of Health Services (DGHS) stated that the challenge to the January 13 notification issued by the National Board of Examinations in Medical Sciences (NBEMS) -- which reduced the qualifying cut-off percentiles for postgraduate medical admissions to abnormally low, zero, and even negative levels after the declaration of results and completion of two rounds of counselling -- was misconceived, as it pertained to an academic and policy determination taken within the statutory framework of the National Medical Commission (NMC) Act, 2019.
"It is respectfully submitted that the challenge pertains to an academic and policy determination taken by competent statutory authorities under the National Medical Commission Act, 2019, in public interest and within the domain of expert regulation," the affidavit said.
Referring to the scope of judicial review, the Centre contended that the writ petition is "not maintainable" as it questions a policy decision taken by expert bodies keeping in view seat availability and healthcare requirements in India.
The affidavit clarified that NEET-PG is not meant to certify minimum clinical competence, which "stands established by the MBBS qualification itself", but to generate an inter se merit list for allocation of limited postgraduate seats.
"The NEET PG scores are a function of relative performance and examination design, which cannot be construed as determinative of clinical incompetence," it stated.
Placing data on record, the Centre informed the apex court that for the academic session 2025-26, approximately 70,000 seats were available, with 31,742 seats under the All-India Quota (AIQ).
After completion of Round-2 of counselling, 9,621 AIQ seats remained vacant.
"A meeting was convened on December 30, 2025, to review the percentile cut-off in view of the large number of anticipated vacant seats and in the interest of optimal utilisation of available postgraduate seats," the affidavit stated, adding that the minutes of the meeting recorded nearly 20,000 postgraduate seats, including DNB seats, were likely to remain vacant nationwide after the second round of counselling.
According to the affidavit, the decision made an additional 1,00,054 candidates eligible to participate in the third round of counselling, increasing the total eligible candidates to 2,28,170.
"This measure does not compromise academic standards, does not alter inter se merit, and does not confer any undue advantage upon any class of institutions," the affidavit stated.
The Centre said that similar reductions had been carried out in previous years as well, adding that the qualifying percentile had been reduced to zero across categories in the 2023 academic session.
Responding to concerns regarding patient safety, the Union Ministry of Health and Family Welfare said that all postgraduate trainees function under constant supervision of senior faculty and specialists, and final competence is assessed through MD/MS examinations, where candidates must secure at least 50 per cent marks separately in theory and practical examinations without any relaxation.
"PG seats represent substantial public resources and training capacity, and leaving such seats vacant would result in wastage of valuable national investment in infrastructure, faculty, and hospital facilities," it said.
Relying on Supreme Court precedents, the Centre argued that courts ordinarily refrain from interfering in academic or policy matters unless decisions are shown to be arbitrary or unconstitutional.
"It is not the domain of the Court to embark upon an uncharted ocean of public policy in an exercise to consider as to whether a particular public policy is wise or a better public policy can be evolved. Such exercise must be left to the discretion of the executive and legislative authorities," the affidavit quoted.
Arguing that "the reduction of the qualifying percentile is a proportionate administrative measure intended to prevent seat wastage and strengthen specialist healthcare capacity", the Union government urged the Supreme Court to dismiss the writ petition as "devoid of merit".
Earlier, a Bench of Justices P.S. Narasimha and Alok Aradhe had issued notices to the Union government, the NBEMS, the NMC, and the MCC following a public interest litigation (PIL) seeking restoration of the original qualifying standards prescribed in the NEET-PG 2025 Information Bulletin.
The plea, filed before the Supreme Court by advocate Satyam Singh Rajput, contended that the reduction of qualifying standards is arbitrary, unconstitutional, and violative of Articles 14 and 21 of the Constitution, besides posing a serious threat to patient safety, public health, and the integrity of postgraduate medical education.
It argued that permitting candidates with zero or negative scores to enter specialist training dilutes merit at the apex level of medical education and undermines minimum standards of professional competence.
Terming the move "unprecedented and extreme", the petition stated that the NEET-PG, which is meant to function as a national screening mechanism, has been converted into "an instrument certifying failure as eligibility", and further challenged the reduction on the ground that the "rules of the game" cannot be altered after the selection process has commenced and results have been declared.
- IANS
Reader Comments
We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.