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2017 Supreme(Mad) 731
IN THE HIGH COURT OF JUDICATURE AT MADRAS
PUSHPA SATHYANARAYANA, J.
Neeti Rebecca Paul – Petitioner
Versus
Union of India, Rep. by its Secretary, Ministry of Health and Family Welfare, New Delhi – Respondent
W.P. No. 6482 of 2017 and W.M.P. No. 7000 of 2017
Decided On : 17-04-2017
For the Petitioner: Mr. V. Vijayshankar.
For the Respondent: Mr. Su. Srinivasan for Mr. C. Nagarajan.
The main legal point established in the judgment is the consideration of the lack of fault on the petitioner's part and the inaction or improper action on the part of the Veterinary Council of India in allowing the petitioner to apply for the NEET (UG) 2017 for admission into Veterinary Science.
Headnote:
NEET - Admission Procedure for Veterinary Science - NEET (UG) 2017 - F. No. 16-25/2017-VCI - The court reviewed the admission procedure for Veterinary Science aspirants seeking to fit in the NEET Examination (UG) 2017. The judgment discussed the lack of wide publicity for the notification affecting students, the unilateral decision of the Veterinary Council of India to consider the NEET merit list, and the legitimate rights of the petitioner.
Fact of the Case:
The petitioner, a +2 CBSE student, sought permission to apply for NEET (UG) 2017 for admission into Veterinary Science after the AIPVT Examination was canceled and the NEET (UG) 2017 was announced with limited notice.
Finding of the Court:
The court found that the lack of wide publicity for the notification affecting students, the unilateral decision of the Veterinary Council of India to consider the NEET merit list, and the legitimate rights of the petitioner were key issues in the case.
Issues: The issues revolved around the lack of wide publicity for the notification affecting students, the unilateral decision of the Veterinary Council of India to consider the NEET merit list, and the legitimate rights of the petitioner.
Ratio Decidendi: The court held that the petitioner should be allowed to apply for the NEET (UG) 2017 for admission into Veterinary Science, considering the lack of fault on the petitioner's part and the inaction or improper action on the part of the Veterinary Council of India.
Final Decision: The court directed the 4th respondent to recommend the petitioner's name for the NEET Examination (UG) 2017-18, and the 2nd and 3rd respondents to consider the mode in which the application of the petitioner along with necessary fee be accepted enabling her to appear for the NEET Examination (UG) 2017-18 scheduled to be conducted on 07.05.2017 within 10 days from the judgment.
1. This Court once again called for to judicially scrutinize and review the admission procedure to the MBBS/BDS-UG Courses. However, a peculiar situation has arisen this time with the aspirants of Veterinary Science also seeking to fit in the NEET Examination (UG) 2017. Therefore, it has now become the need of the hour to clarify the admission procedure by this Court.
2. The petitioner has completed her +2 Course in CBSE pattern in 2016. It is stated that she has developed a love for animals and it is her passion to be a Veterinary Doctor. Hence, she decided to apply for the AIPVT Examination conducted by the Veterinary Council of India, namely, the 4th respondent herein, for admission to 15% of the reserved seats in the various Veterinary Colleges in the country. The petitioner is also said to have been taking a special coaching for the same. Usually, the AIPVT Examination will be conducted in the month of May. While so, suddenly on 3rd March, there was an Article Online in NDTV dated 22.02.2017 stating that the AIPVT Examination would not be held this year and that the students who wanted admission for Veterinary Courses in the 15% All India Quota should write the NEET (UG) 2017 examination conducted by the 2nd respondent. Immediately, the petitioner had browsed the website of Veterinary Council of India and found that on 22.02.2017, a Public Notice in F. No. 16-25/2017-VCI dated 20.02.2017 had been posted by the 4th respondent. As per the said notification, due to administrative reasons, the Veterinary Council of India was advising all the students desirous of taking admission into BVSc. and AH Courses to appear in NEET (UG) 2017 to be conducted by the 2nd respondent on 07.05.2017. However, the said notification was not very clear and the 4th respondent was contemplating to use the merit list of the NEET (UG) 2017 Examination for allocation of seats under the 15% All India Quota.
3. Admittedly, the said notification was not given wide publicity. However, when the petitioner tried to apply it Online and pay the fees, it was not possible as the last date for online application was closed on 1st March itself. The petitioner has now come before this Court seeking to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to permit her to pay the fees and submit her application for NEET (UG) 2017, to enable her to take up the NEET (UG) 2017 Examination.
4. It is the contention of the leaned Counsel for the petitioner that when the Veterinary Council of India has decided for the first time deviating from the routine from conducting AIPVT Examination and decided to use the merit list of NEET (UG) 2017, the same should have been given wide publicity so as to reach the public and aspirant students. Consequently, the students like the petitioner had only six clear days from the date of publication of the notice in the website which could not have been seen by many whereas the NEET (UG) 2017 Examination for students seeking admission in medical/dental Colleges was notified in January, 2017 and it was open till 01.03.2017 midnight. It is further contended that the 4th respondent should have taken a decision to cancel the AIPVT well in advance and given wide publicity. Sufficient time also should have been given to the aspiring students to enable them to apply for the NEET (UG) 2017 Examination. In fact, the NEET (UG) 2017 admission notice only indicated admission to MBBS/BDS Courses and did not include Veterinary Course. Therefore, the students have no clue that Veterinary Council of India was also included in NEET (UG) 2017 after cancelling AIPVT Examination. Hence, the petitioner sought for permission to pay the fees and submit her application for NEET (UG) 2017 for admission into Veterinary Science.
5. The 2nd respondent, who is the Central Board of Secondary Education, has filed its counter contending that the writ petition is not maintainable as the Eligibility-cum- Entrance Examination is meant only for the aspirants o
