A bench of Justices Anil R. Dave, S.K. Singh and A.K. Goel
on Thursday reserved the plea for holding NEET 2016-17 for final orders at
lunch break even as the courtroom burst into an uproar as States and colleges
protested that it was too late in the day to hold NEET. The order is expected
to be delivered at 3.30 p.m.
The hearing at noon began with the Union and Medical Council
of India assuring the court that it is possible to hold NEET this academic year
and passed on to the Bench the schedule.
Additional Solicitor General Pinky Anand submitted that the
All India PMT would be re-named as NEET-I and conducted on May 1. A second
batch of exams would be conducted on July 24. The combined results would be
declared by August 17. Counselling rounds would be held for 45 days between
August 17 and September 30. The entire process would be completed by September
30. An approximate number of 6.5 lakh students would attend the exams across
the country.
However, senior advocate L. Nageshwar Rao strongly objected
to this turn of events.
"Your Lordships should know that there are no entrance
exams in Tamil Nadu. Students there never had an opportunity to participate in
an entrance exam right from 2007. They are evaluated on the basis of marks they
got in Class 12 Board exams..." Mr. Rao submitted.
"Please understand I am representing a State where
lakhs of students will suffer if made to compete the NEET now. They have no
idea or concept of an entrance exam... and now you will make them compete at a
national level all of a sudden... You are supposed to protect the rights of
these children," he argued.
He said that it was the State policy - translated into a
statute in 2007 and practised all these years - to not have entrance exams in
Tamil Nadu in a bid to achieve aspirational parity between rural and urban
students in Tamil Nadu.
Senior advocate Rajeev Dhawan, appearing for private medical
colleges, asked the Bench why they were in a hurry to bring NEET back this year
when the April 11 order had only "recalled" the 2013 verdict but not
struck it down. He questioned how a three-judge Bench can now bring NEET back
to life when a five-judge Bench is alrady scheduled to consider afresh the very
constitutionality of the common entrance exam.
"You have not restored NEET by your April 11 order to
recall the 2013 judgment. The effect of recalling a judgment is not striking it
down. This is being done at a time when medical exams in several colleges are
already concluded or in the offing in other places. This is just not
done," Mr. Dhawan submitted.
Senior advocate K.K. Vengopal, appearing for Karnataka
medical colleges, submitted that the apex court was violating the natural
principles of justice by reserving for final orders without even giving the
colleges and objecting States a reasonable opportunity to be heard.
He said that call centres have been set up and colleges had
received over 1.5 lakh applications from all over the country and this was too
late to introduce the NEET system now.
"Why is the Supreme Court of India not rendering natural
justice. Hear us in detail first before passing orders. This is the highest
court of the country," Mr. Venugopal said.
State of Uttar Pradesh also intervened, saying exams dates
had been fixed and any last minute change would only burden students.
"We have to hear and decide this fast as they [MCI and
Union] are running out of time," Justice Dave explained.
"They are running out of time? It is we who are running
out of time," UP counsel reacted.
Justice Singh finally interjected to reassure that the court's
order would not deprive the colleges and States of their rights.
