NEET-PG cut-off row: Panel formed for internal audit of admission system, Centre tells SC

NEW DELHI: The Centre on Tuesday told the Supreme Court that it has constituted a high-powered committee headed by the director general of health services (DGHS) to formulate a mechanism for conducting a comprehensive audit of the existing system of admission through the NEET-PG examination.

A bench of Justices P S Narasimha and Alok Aradhe was hearing a batch of petitions challenging the reduction in the percentile cut-off for NEET-PG 2025.

The bench was told by Additional Solicitor General Aishwarya Bhati that as per oral direction, the government has constituted a panel through a notification dated July 23 in which there are 12 members including the DGHS, who will be the chairman.

She submitted that the term of reference of the committee will be to formulate the mechanism for internal audit of the existing system of admissions through NEET, to identify the lacunae in the existing system, and to find implementable and practical solutions for the same.

The bench recorded the submission of Bhati and gave eight weeks to the panel to file its report.

"We will actively discuss the issue once the report comes in," the bench said.

It said the panel may co-opt members from National Commission for Indian System of Medicine (NCISM) and National Commission for Homeopathy (NCH).

Earlier, the top court said it would examine whether the sharp reduction in the qualifying marks for NEET-PG 2025-26 affects the standard of postgraduate medical education.

The top court had said that although the Union was justified in stating that NEET-PG was not an entry into MBBS and that candidates are already doctors, the court would still like to consider the effect of reducing the cut-off.

Pleas have been filed in the apex court by social worker Harisharan Devgan, Dr Saurav Kumar, Dr Lakshya Mittal and Dr Akash Soni claiming that the cut-off reduction violates Articles 14 and 21.

Senior advocate Pinky Anand and advocate Satyam Singh Rajput appeared for Devgan in the matter.

The petitioners have challenged the January 13 notice issued by the National Board of Examination in Medical Sciences (NBEMS), by which the minimum qualifying percentile cut-off for counselling of the third round of NEET-PG 2025-2026 was reduced.

The director general of health services of the Union health ministry, in its affidavit filed in the matter, had said that the challenge by petitioners 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.

"It is respectfully submitted that the reduction of qualifying percentile for NEET-PG is not unprecedented. Since the inception of NEET-PG in 2017 percentile reductions have been affected in appropriate circumstances to prevent seat wastage. In the academic year 2023 as well, the qualifying percentile was reduced to zero across categories. The present decision is thus consistent with the established policy and administrative practice," it had said.

The Centre said scores in NEET-PG examination are a function of relative performance and examination design, which cannot be construed as determinative of clinical incompetence.

"It is pertinent to note that purpose of the NEET-PG is not to certify minimum competence which stands established by the MBBS qualification itself of the candidates but to generate an inter se merit list for allocation of limited postgraduate seats," it said.

The Centre submitted that the eligibility criterion to appear in NEET-PG requires a candidate to possess a recognised MBBS degree and to have completed the compulsory rotating internship.

It said for the academic session 2025-26, total seats available were approximately 70,000, corresponding to the total 2,24,029 candidates, while 31,742 seats were under All-India Quota (AIQ) across various specialties.

It pointed out that after Round 2 of NEET-PG counselling, 9,621 seats remained vacant under the AIQ.

"Out of these, 5,213 seats were vacant in government medical colleges alone (including AIQ and DNB seats). This factual position conclusively demonstrates that the reduction of percentile was not undertaken to benefit private medical institutions, but to prevent large-scale vacancy of seats, including in government institutions created through public expenditure," it said.

The government said it is a settled principle that courts ordinarily refrain from interfering in academic and policy decisions taken by expert bodies unless such decisions are shown to be manifestly arbitrary, mala fide, or violative of statutory or constitutional provisions.

Earlier, the NBEMS told the top court that 95,913 additional candidates had become eligible for NEET-PG 2025 counselling after the qualifying cut-off percentile was reduced.

According to the notice published by the NBEMS, the NEET-PG cut-off for the general category has been reduced to the seventh percentile from 50.