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2017 Supreme(Mad) 692

IN THE HIGH COURT OF JUDICATURE AT MADRAS
PUSHPA SATHYANARAYANA, J.
E. Gaudam (Minor aged about 17 years) Rep. by his father and natural guardian Mr. P.N.P. Elango - Petitioner
Vs.
The Government of India Rep. by its Secretary Ministry of Health & Family Welfare New Delhi & Ors. - Respondents
W.P.No.7144 of 2017 and WMP.No.7742 of 2017
Decided On : 13-04-2017

Advocates Appeared:
For the Petitioner: Mr. C.D. Sugumar.
For the Respondents: Mr. J. Madanagopal Rao, Senior Central Government Standing Counsel, Mr. V.P. Raman, Mr. G. Nagarajan, Mr. V. Anandhamurthy, Additional Government Pleader.

The importance of adhering to the time schedule for admissions to medical courses and the strict stance on extending the NEET application deadline.

Headnote:

NEET - Admission to Medical Courses - The Tamil Nadu Admission to M.B.B.S., and BDS Courses Bill 2017, The Tamil Nadu Admission to Post Graduate Courses in Medicine and Dentistry Bill 2017 - The National Eligibility cum Entrance Test (NEET) - Medical Council of India v. Madhu Singh - Raj Sabyasachi and another vs. Union of India

Fact of the Case:

The petitioner seeks direction to allow submission of NEET application for academic year 2017-2018. The State Government of Tamil Nadu passed bills seeking exemption from NEET for medical course admissions. The petitioner did not apply for NEET due to the State Government's steps to do away with it.

Finding of the Court:

The court dismissed the petition, citing the Supreme Court's strict stance on extending the NEET application deadline and the need for any relief to be logical and tenable within the framework of the law.

Issues: The main issue was whether the petitioner should be allowed to submit NEET application after the deadline, considering the State Government's objection to NEET for medical course admissions.

Ratio Decidendi: The court relied on the Supreme Court's decisions in Medical Council of India v. Madhu Singh and Raj Sabyasachi and another vs. Union of India, emphasizing the importance of adhering to the time schedule for admissions to medical courses and the strict stance on extending the NEET application deadline.

Final Decision: The Writ Petition was dismissed, and no costs were imposed. The connected Miscellaneous Petition was also closed.

ORDER :

This Writ Petition has been filed seeking for a direction to the respondents 1 to 3 in particular the third respondent to allow the petitioner to submit his application for taking up National Eligibility cum Entrance Test (NEET) for the academic year 2017-2018 based on the representation of the petitioner dated 17.03.2017.

2. The facts of the case are as follows:

(a) The petitioner's son is the XII Standard student of S.R.V. Boys Higher Secondary School, Rasipuram, Namakkal District and he aspires to pursue his further studies in medicine. In this regard, the Hon'ble Supreme Court was pleased to deliver a verdict that an Uniform Entrance Test should be conducted for admission into medical courses. It was also held that the common examination will be conducted by the Central Board of School Education, the 3rd respondent herein for the Undergraduate Courses. Subsequently, the 3rd respondent conducted National Eligibility-cum-Entrance Test (NEET) across the country.

(b) However, certain State Governments including the State Government of Tamil Nadu, the 4th respondent herein, had objected against the NEET for admission in medical courses and had requested the Government of India, the 1st respondent herein, to grant exemption for the aspirant students of the State of Tamil Nadu appearing for the NEET. The State Legislature of Tamil Nadu had passed two Bills called as ''The Tamil Nadu Admission to M.B.B.S., and BDS Courses Bill 2017'' seeking to admit students to Undergraduate Medical Courses based upon the marks secured by them in the plus Two Examinations. Similarly, ''The Tamil Nadu Admission to Post Graduate Courses in Medicine and Dentistry Bill 2017'' was passed seeking to admit students for Post Graduate Medical and Dental Courses based upon the marks secured by them in their qualifying Undergraduate Examinations. However, the Bills passed by the State Government have not been granted assent by the President and the same are pending.

(c) In the meantime, the 3rd respondent announced that the NEET will be conducted on 07.05.2017 and also called for applications from the aspiring students to participate in the NEET for the admission into the Undergraduate Medical Courses for the Session 2017-18. The last date for the submission of the applications is on 01.03.2017. Since the State Government had taken steps to do away with the NEET for the aspirant students from the State of Tamil Nadu, the petitioner did not apply for appearing in the NEET to be conducted by the 3rd respondent on 07.05.2017. Further, the 3rd respondent did not provide time for submitting the applications belatedly. Hence, the present Writ Petition.

3. A detailed Counter affidavit has been filed by the 3rd respondent wherein it has been stated as follows:

(a) The CBSE is only an examining body for NEET. All the rules and regulations and scheme falls under Medical Council of India, Dental Council of India and Ministry of Health & Family Welfare. Based on the approved scheme, CBSE is holding NEET-UG 2017. Further, as per the approval of the Ministry of Health and Family Welfare, the Government of India, the applications were launched for NEET-(UG) 2017 from 31.01.2017 to 01.03.2017.

(b) It is further stated that the CBSE makes preparation for the conduct of this examination, almost a year before, in order to ensure smooth and fair conduct of examination. Any change in the administrative set up of this examination at this stage is not feasible as this affect the very purpose of this examination i.e., admission to MBBS and BDS Courses. The entire scheme is approved by Hon'ble Supreme Court of India and there are specific time limit fixed for conduct, declaration, consoling and admission etc. The CBSE has to declare the result of this examination latest by 10th June 2017. The counseling has to be done by DGHS for the All India Quota seats thereafter and the admission process has to be completed by 31st August 2017. Any deviation from the above schedule may disturb













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