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2016 Supreme(SC) 811

SUPREME COURT OF INDIA
Anil R. Dave, Shiva Kirti Singh, Adarsh Kumar Goel, JJ.
Sankalp Charitable Trust and Anr. - Petitioners
Versus
Union of India and Ors. – Respondents
Writ Petition (Civil) No(s). 261 of 2016
Decided On : 27-4-2016

Advocates Appeared:
For the Petitioners:- Mr. Amit Kumar, Mr. A. amesh, Mr. Syed Ahmad Naqvi and Ms. Shilpi Gupta, Advocates.
For the Respondents:- Mr. Vikas Singh, Sr. Adv. Mr. Gaurav Sharma, Ms. Amandeep Kaur, Mr. Prateek Bhatia, Mr. Dhawal, UOI Mr. R.K. Rathore, Ms. Rekha Pandey, Mr. M.P. Gupta, Mr. R.S. Nagar, Mr. R.R. Rajesh, Adv. For Mr. D.S. Mahra, CBSE Mr. Tara Chandra Sharma, Ms. Neelam Sharma, and Mr. Ajay Sharma, Advocates.

The main legal point established in the judgment is the court's authority to direct the petitioner to address office objections and await the proposed schedule of the NEET examination.

Headnote:

NEET - Examination Schedule - The court directed the petitioner to remove office objections, deleted a party from the array, and adjourned the hearing for the next day to await the proposed schedule of the NEET examination for MBBS and BDS courses for the academic year 2016-17. The court also required a responsible officer of the CBSE to be present in court to make on-the-spot decisions.

Fact of the Case:

The court directed the petitioner to address office objections, deleted a party from the array, and adjourned the hearing to await the proposed schedule of the NEET examination for MBBS and BDS courses for the academic year 2016-17.

Finding of the Court:

The court found that the petitioner needed to address office objections and adjourned the hearing to await the proposed schedule of the NEET examination.

Issues: Addressing office objections, deletion of a party from the array, and scheduling of the NEET examination.

Ratio Decidendi: The court's decision was influenced by the need to address office objections, the deletion of a party from the array, and the scheduling of the NEET examination for MBBS and BDS courses for the academic year 2016-17.

Final Decision: The final decision was to adjourn the hearing and await the proposed schedule of the NEET examination.

ORDER :

Taken on board.

2. The learned counsel for the petitioner has assured this Court that he will remove the office objections by tomorrow. At his request, Respondent No.4 is deleted from the array of parties. All the three respondents are represented by their respective counsel and they have assured this Court that they are ready and willing to hold NEET examination for admission to MBBS and BDS courses for the academic year 2016-17.

3. As the counsel representing CBSE would like to take necessary instructions, hearing is adjourned for tomorrow. Proposed schedule of the examination to be held, shall be submitted in the Court tomorrow.

4. The learned counsel shall also see that a responsible officer of the CBSE, who can take on the spot decision, remains present in the Court.

5. List the matter tomorrow, i.e., 28th April, 2016 at 12.00 p.m.

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