New Delhi, August 14
The Supreme Court on Thursday rejected the plea challenging postponing the National Eligibility cum Entrance Test Super Speciality Examination 2024 (NEET SS).
A bench led by Chief Justice of India DY Chandrachud said that the decision by the National Medical Commission (NMC) cannot be called arbitrary to postpone the exam. However, the bench directed NMC to take an early call to hold the NEET-SS 2024 exams so that students could have certainty.
The petitioner has urged the top court to pass an appropriate direction to conduct the NEET-SS Examination 2024 in July-August, 2024 and setting aside the decision of Respondent NMC taken in the meeting held on February 21 to postpone the NEET-SS Examination.
The plea was filed by 13 doctors including Rahul Balwan among others. The petitioner was represented by Rashmi Nandakumar.
The petitioners, who are doctors, who have completed their education in medicine up to the level of post-graduation, said that they are aggrieved by the arbitrary and irrational decision of indefinitely postponing the NEET-SS Examination 2024, by the Respondent No.3, i.e., the National Medical Commission.
"The reason given for the decision is that, due to COVID-19, the MD/MS and DNB courses (NEET-PG courses) for 2021 were held only from January to May 2022. Consequently, the NEET-PG 2021 candidates would not be eligible to appear for the NEET-SS Examination held in 2024," the petition said.
The decision of Respondent No.3 is in the teeth of the top court wherein the top Court has approved the schedule for completion of admission to Super Speciality Courses as placed before it by the Central Government. According to this schedule, the NEET-SS examination was to be held by the 10th of July of every year and the entire process was to be completed by the 31st of August of every year.
"That the arbitrary decision to postpone the NEET-SS Examination, 2024 also violates the legitimate expectation of candidates such as the Petitioners who have planned their careers based on the previously established examination schedule. Moreover, Respondent NMC is disrupting the academic year to accommodate a single batch of candidates, to the detriment of all other candidates who have completed their PG Courses," the petition said.
"If the NEET-SS Examination 2024 is postponed, candidates such as petitioners who have completed their PG courses and who have been preparing for the test by quitting their jobs and not taking new assignments, will lose one entire year. The abrupt decision to postpone the NEET-SS Examination, 2024 without adequate notice or justification is also in violation of the principles of natural justice and causes undue stress and uncertainty for candidates who have made significant personal and professional sacrifices in preparation for the examination. The Respondent No. 3 has completely lost sight of the fact that the candidates appearing for the NEET-SS Examination are qualified doctors who either work in the hospitals or are studying intensively. Moreover, this disruption in NEET-SS Examination 2024 not only affects the doctors and their services but also has a detrimental effect on patient care," the petition claimed.
The petition further raised that the said decision for postponement of the NEET-SS Examination, 2024 is arbitrary and irrational and will ultimately result in perpetuation of the anomaly caused due to the Covid-19 Pandemic.
"That if the NEET-SS Examination, 2024 is postponed to 2025, the result would be that Respondent No.3 would be required to hold the NEET-SS Examination out of turn every three years, to fill up vacancies arising from the out-of-turn academic session. The impugned postponement disrupts the established admission schedule being followed, which is essential for maintaining a predictable and transparent academic calendar, crucial for both candidates and educational institutions," said the petition.
The petitioner further submitted that the NMC must rectify the irregularity that has crept into the admission process due to Covid-19 so that going forward the NEET-SS Examination can be conducted without repeatedly disrupting the academic calendar.