SC Directs Haryana Government To Notify Fresh Criteria To Identify Remote/Difficult Areas For Grant Of Weightage In NEET [Read Judgment]

LiveLaw Research Team

26 May 2017 5:14 AM GMT

  • SC Directs Haryana Government To Notify Fresh Criteria To Identify Remote/Difficult Areas For Grant Of Weightage In NEET [Read Judgment]

    The Supreme Court Vacation bench of Justices L.Nageswara Rao and Navin Sinha, on Thursday, held that the Haryana Government’s notification dated 5.5.2017 identifying remote/difficult areas for the purpose of grant of weightage to candidates appearing in the NEET examination, is  based on no data, reflects inadequate preparation, and is in the nature of a knee jerk reaction...

    The Supreme Court Vacation bench of Justices L.Nageswara Rao and Navin Sinha, on Thursday, held that the Haryana Government’s notification dated 5.5.2017 identifying remote/difficult areas for the purpose of grant of weightage to candidates appearing in the NEET examination, is  based on no data, reflects inadequate preparation, and is in the nature of a knee jerk reaction to situations.

    Stating that the Regulation 9(IV) of the Medical Council of India mandating such identification of remote/difficult areas for the purpose of weightage is not a compulsion, but an enabling provision vesting discretion in the State,  the bench held that any discretionary power has to be exercised fairly, reasonably and for the purpose for which the power has been conferred.

    The bench held that the present is a fit case for initiation of contempt proceedings by notifying counselling on 22.05.2017 and 23.05.2017, in the face of the interim order dated 16.5.17.  The bench deprecated the conduct of the officials off the Haryana Directorate of Medical Education and Research. “Such adventurism in future, must be desisted, except at their own peril.  Any counselling done contrary to the interim order is, therefore, a nullity and invalid from its nativity”, the bench held.

    The bench extended the last date for admission to June 10, and dismissed the appeals against the High Court verdict.  The Judgment was authored by Justice Sinha.

    READ: Did Haryana violate the Law laid down by the Supreme Court?

    Read the Judgment here.

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