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NEET 2017: Madras HC Grants Interim Stay On Declaration Of Results

Apoorva Mandhani
25 May 2017 7:13 AM GMT
NEET 2017: Madras HC Grants Interim Stay On Declaration Of Results
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Madurai Bench of Madras High Court on Wednesday granted an interim stay on release of National Eligibility cum Entrance Test (NEET) UG examination results, which were scheduled to be declared on June 8.

“If any admission of student is made in pursuant to the NEET exam conducted on 07-05-2017 it would destroy the object of NEET discriminate the candidates and the order of the Hon’ble Supreme Court since the Hon’ble Supreme Court very categorically held that uniformed entrance exam shall be conducted in Hindi, English and other languages. Therefore, this Court deems it proper that it is fit case for granting an order of interim injunction and decide the merits of the matter after filing of counter by the respondents. There is a prima facie case in favour of the writ petitioners,” Justice M.V. Muralidaran observed.

The Court was hearing Petitions filed by medical aspirants, who had alleged that the all India medical entrance examination did not have a uniform question paper. The students had further contended that the question papers were prepared at different levels of difficulty for different regions. Thereby, averring that the current evaluation system was in violation of Article 14 of the Constitution of India, they demanded an interim injunction against proceeding on the basis of NEET, 2017, which was conducted on 7 May.

The Respondents, on the other hand, had submitted that the exam was conducted in accordance with the Indian Medical Council (Amendment) Act, 2016, and that the Act did not contain any prescription for asking the same questions in all languages.

The Court, however, opined that the rationale behind introduction of NEET was to prove a level-playing field to all students. It thereafter directed Medical Council of India, CBSE and Union Health Ministry to file a counter-affidavit before 12 June, “as the issue is concerned with the education, carrier of the students and the academic year will start if the matter is not decided at the earliest it will cause great prejudice to all concern. (sic)”

The Court noted that even though the allegations with regard to the difference in difficulty of question papers cannot be decided at this stage, it was apparent that the question papers issued in Tamil and English were not the same. This, it said, was not in accordance with the amended Act, and observed, “Thus, it is apparent that the level playing field for the candidates is not equal and prima facie it goes without saying that there is discrimination.”

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