Sankalp Charitable Trust and Anr. Vs. Union Of India And Ors, on 28th April, 2016, Supreme Court of India – Judgement

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REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION

WRIT PETITION (C) NO.261 OF 2016
SANKALP CHARITABLE TRUST AND ANR. … PETITIONER(S)

VS.

UNION OF INDIA AND ORS. … RESPONDENT(S)
O R D E R
The following prayer has been made in this petition :
“a) Issue a Writ of Mandamus or any other writ, order or direciton in the
nature of Mandamus directing the Respondents to conduct the National
Eligibility cum Entrance Test (NEET) for admission to MBBS Course
throughout the country for academic session 2016-17;

(b) Issue or pass any writ, direction or order, which this Hon’ble Court
may deem fit and proper under the facts and circumstances of the case.”

When the matter was heard on 27th April, 2016, the following order was
passed by this Court :
“Taken on board.
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.
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.
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.
List the matter tomorrow, i.e., 28th April, 2016 at 12.00 p.m.”

The matter has been thereafter heard today. It has been submitted by the
learned counsel appearing for all the respondents that it is proposed to
hold the examination in pursuance of Notifications dated 21st December,
2010 issued by the Medical Council of India and the Dental Council of India
(‘DCI’ for short).
As per the said Notifications, a common entrance test, i.e., National
Eligibility cum Entrance Test (NEET) shall be held.
It was further submitted, interalia, as follows :
“1. AIPMT 2016 to be held on 1st May, 2016 shall be phase I of NEET.

2. Phase II of NEET for the left out candidates shall be held on 24th
July, 2016 by inviting applications with fee.

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3. Combined result of both the Tests shall be declared on 17th August,
2016.

4. CBSE will provide All India Rank. Admitting Authorities will invite
applications for Counselling and merit list shall be drawn based on All
India Rank.

5. All associated with conduct of Exam including Central Govt., State
Govt., institutions, Police etc. will extend all necessary support to CBSE
and permit security measures like use of electronic and communication
devices Jammers etc. for timely and fair conduct of the NEET.

6. Any difficulty with regard to implementation of orders of this Court
the stake holders may approach this Hon’ble Court.”

The learned counsel have also given the details with regard to the time
when the result would be declared and counselling would take place.
In view of the submissions made on behalf of the respondents, we record
that NEET shall be held as stated by the respondents. We further clarify
that notwithstanding any order passed by any Court earlier with regard to
not holding NEET, this order shall operate. Therefore, no further order is
required to be passed at this stage.
It may be mentioned here that some learned counsel representing those who
are not parties to this petition have made submissions that in view of the
judgment passed in Christian Medical College, Vellore & Ors. Vs. Union of
India & Ors., reported in (2014) 2 SCC 305, it would not be proper to hold
NEET and this order should not affect pending matters.
We do not agree with the first submission for the reason that the said
judgment has already been recalled on 11th April, 2016 and therefore, the
Notifications dated 21st December, 2010 are in operation as on today.

It may however be clarified that by this order hearing of the petitions
which are pending before this Court will not be affected.
The petition be now listed in due course.

…………J.[ANIL R. DAVE]
……………..J.[SHIVA KIRTI SINGH]
……………..J.[ADARSH KUMAR GOEL]

New Delhi;
28th April, 2016.

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