candidates who had secured even more than 50 percent of the total marks, were not within the 40th percentile and were not eligible for counseling for admission to P.G.medical courses. The affidavit states that a number of State Governments had conducted their own P.G. Entrance Tests for filling up the State quota of P.G.seats. A student who had appeared in the NEET-PG would be eligible for P.G.counseling only if he or she had secured marks at a minimum of the 50th percentile for open category candidates, at the 45th percentile for the physically challenged and at the 40th percentile for the SC/ST/OBC candidates. As a result, a candidate, even if he or she has secured 50 percent marks in the open category, 45 percent marks in the physically challenged category and 40 percent marks in the SC/ST/OBC category, would be ineligible for want of qualification in terms of the percentile. In order to obviate this discrimination, the Ministry, in consultation with MCI, exercised discretion under the proviso to the amended Regulations of 2012 and relaxed the qualifying percentile so that the students belonging to the reserved category, who had secured 40 percent or more marks, those in the physically challenged group who had secured 45 percent marks and above, and open category candidates with 50 percent or above, would be qualified for admission for P.G.courses. Following this, the National Board of Examinations published a revised result on 4 June 2013. It has been submitted that the Union Government has only revised the qualifying percentile and the criteria of merit remains the same as before namely the marks obtained in NEET. Lowering of percentile, it has been urged, does not prejudice the Petitioners as admission to P.G. courses is not given on the basis of percentile but on the basis of marks obtained in NEET.
