The Delhi High Court recently clarified SPMD counselling eligibility for NEET-PG 2025 candidates in a significant legal development. Specifically, Justice Jasmeet Singh ruled that candidates who did not join a stray vacancy seat remain eligible. This ruling overturned earlier directives from the National Board of Examination in Medical Sciences (NBEMS). Consequently, doctors who were previously barred can now participate in the Sponsored Post MBBS DNB process. However, they must still forfeit their security deposits for the non-joining of their original seats.

Understanding SPMD Counselling Eligibility and Allotment

The court emphasized a clear distinction between the allotment of a seat and the actual joining of a course. Furthermore, the bench noted that pursuing a postgraduate degree requires a binding admission through physical joining. Therefore, the mere act of being allotted a seat in the Stray Vacancy Round does not constitute pursuing a course. NBEMS had argued that such candidates should be disqualified to prevent the harmful practice of seat blocking. Nevertheless, the court rejected this administrative interpretation as it effectively rewrote existing regulatory rules. Administrative bodies cannot impose penalties that the official guidelines do not explicitly provide.

Legal Precedents and Future Implications

This ruling relies heavily on the Supreme Court's earlier judgment in the case of State of U.P. v. Bhavna Tiwari. In that instance, the apex court limited the consequences of non-joining to the forfeiture of security fees. Additionally, further penalties like debarment currently depend on the implementation of the National Exit Test (NExT). Since the government has not yet enforced NExT, additional disqualifications remain legally unsustainable. While seat blocking remains a valid concern, regulators must address it through clear and formal provisions. For now, the High Court allows petitioners to proceed with their SPMD applications for the 2025 session. Candidates should stay updated on any further notifications from the NBEMS regarding these revised eligibility standards.

Frequently Asked Questions

Q1: Does skipping a NEET-PG Stray Vacancy seat disqualify me from SPMD counselling?

A1: According to the Delhi High Court, you remain eligible, though you will forfeit your security deposit.

Q2: What is the court's definition of "pursuing" a PG course?

A2: The court defines pursuing a course as actually joining it, not just receiving a seat allotment.

Q3: How does the Bhavna Tiwari case affect this ruling?

A3: The court used this precedent to show that penalties for non-joining are limited to fee forfeiture until NExT starts.

Disclaimer: This content is for informational and educational purposes only. It does not constitute medical advice or replace professional judgment. Refer to the latest local and national guidelines for clinical practice.

References

1. Delhi HC allows NEET-PG candidates to join SPMD counselling, says non-joining ofstray vacancy seat not a bar - ETHealthworld


2. National Board of Examination in Medical Sciences (NBEMS) Guidelines.


3. Supreme Court of India: State of U.P. v. Bhavna Tiwari.