The order from a Bench of Justices PS Narasimha and Alok Aradhe came after Additional Solicitor General Aishwarya Bhati, for the Centre, said the government was willing to conduct a “stray round” for the vacant NEET-SS, but had decided to not lower the qualifying percentile.
She said the vacant seats would revert to States such as Tamil Nadu.
The court was hearing a petition filed by Tamil Nadu Medical Officers Association, represented by senior advocate P Wilson, who said Tamil Nadu had 40 vacant seats left, and they should be returned to the State.
Wilson stressed that many eligible candidates, mostly in-service government doctors serving in rural parts of the State, were awaiting a reduction in the qualifying percentile. He said the NEET-SS seats were “precious”, and cannot remain vacant.
The court said the fact that many seats remain unfilled make the case for reduction of qualifying percentile “rather compelling”.
Senior advocate Abhishek Manu Singhvi, for Tamil Nadu, said the State wanted the vacant seats to completely revert to it. It further urged for lowering the cut-off percentile.
Justice Narasimha advised Bhati, on behalf of the Centre, to “reflect a little more” about bringing down the percentile, and even consult with other members of the Bar on the issue.
Bhati urged the court then to “add a line” in its order “directing us to reconsider this… to consider reduction to the extent possible”.
The law officer revealed that even some of the experts had “varying views” on the question of lowering the qualifying percentile.
“Some amount of reduction can be made. For last years, we had even reduced it [qualifying percentile] to zero percent,” Ms. Bhati submitted.
The court scheduled the case for further hearing and directions on September 17.
The petitioner-association had challenged the “premature diversion” of 152 vacant Super Speciality seats earmarked for in-service government doctors in Tamil Nadu to the All-India Quota. It had also sought protection of the State’s in-service reservation policy, pending a final decision on reduction of the NEET-SS qualifying percentile.
Published on September 10, 2026