NEET & Medical Admissions Counselling : Supreme Court Interventions In 2021

2021 was a year where a lot of writ petitions were filed in the Supreme Court seeking various reliefs with regard to the National Eligibility cum Entrance Test(NEET) and counselling process for medical courses across the country.

Let's have a look at how the Top Court dealt with them.

DECIDED ISSUES :

Centre Defers NEET-SS Exam Pattern Changes To 2022-2023 After Supreme Court Rap

Faced with harsh criticism from the Supreme Court over the eleventh-hour changes brought to the NEET-SS 2021 pattern, the Central Government on October 6, 2021 in a petition ( Prateek Rastogi and Others v. National Board of Examination and Others) challenging the changes made to NEET-SS 2021 pattern had told the Court that the revised pattern will be implemented only from next year. The bench of Justices DY Chandrachud, Vikram Nath and BV Nagarathna had disposed of the plea after recording Additional Solicitor General Aishwarya Bhati's submission that the modified pattern would be given effect only from the academic year 2022-2023.

Supreme Court Refuses To Defer NEET-UG 2021 On Plea Filed By CBSE Private, Compartment, Patrachar Students

In Sanjana & Ors vs National Testing Agency & Ors, the Supreme Court had refused to entertain a petition filed by a group of students taking the CBSE Private, Patrachar and Compartment exams for Class 12 seeking to defer the NEET-UG 2021 exam, which is scheduled to start from September 12.

A Bench comprising Justices AM Khanwilkar, Hrishikesh Roy and CT Ravikumar orally said that the Court cannot meddle with the examination schedule citing the inconvenience of a section of students.

NEET Admissions: Supreme Court Allows "All Similarly Situated" OCI Candidates To Participate In General Category Counselling For 2021-22

In a batch of writ petitions, filed by OCI candidates challenging a notification issued by the Ministry of Home Affairs to treat them at par with Non-Resident Indians(NRIs) for the purpose of college admissions, the Supreme Court on November 8, 2021 allowed all eligible Overseas Citizens of India(OCI) candidates to participate in general category in the NEET counselling for undergraduate and postgraduate medical courses for the academic year 2021-22.

A bench comprising Justices S Abdul Nazeer and Krishna Murari stated in the order that the applicants before the court and "other similarly situated candidates" are granted the relief for the academic year 2021-22.

Also Read: NEET-UG : Supreme Court Permits OCI Candidates To Appear For Counselling In General Category For 2021-22; Says 'They Are Indian Origin; Not Outsiders'

NEET-UG : Supreme Paves Way For Results Declaration By Staying HC Order For Re-Test To 2 Students

Staying the recent Bombay High Court order which had directed the National Testing Agency to hold fresh exam for two NEET UG aspirants, the Supreme Court in special leave petition filed by the National Testing Agency on October 28, 2021 had paved the way for declaration of the results of the NEET-UG 2021.

While the bench of Justices L Nageswara Rao, Sanjiv Khanna and BR Gavai had issued notice in the SLP, the bench had said that it would see what would be done for the two students, who were prejudiced due to the mix up of the answer sheets done by the invigilator of the exam hall.

Later on November 12, the bench, while remarking that it sympathized with the plight of the two students, it was difficult to order a re-test for the two students, had set aside the High Court's order.

Supreme Court Quashes Madras HC Direction That EWS Reservation In NEET-AIQ Requires SC Constitution Bench Approval

The Supreme Court in Union of India v. Dravida Munnetra Kazhagam and others had set-aside the observations in the Madras High Court's order which said that the reservation for Economically Weaker Sections(EWS) in the NEET-All India Quota can be implemented only with the approval of the Constitution Bench of the Supreme Court that is examining the correctness of the 103rd Constitutional Amendment which provided for economic reservations.

A bench comprising Justices DY Chandrachud and BV Nagarathna held that the Madras High Court's observations were unnecessary. The bench said that the Madras High Court was considering a contempt petition seeking implementation of OBC reservation in NEET-AIQ, and hence the observations on 10% EWS quota amounted to a transgression of its jurisdiction.

NEET-PG : Supreme Court Asks Petitioners Seeking 1:5 Seat To Candidate Ratio In Counselling To Approach High Court

In Srijani Roy v. Medical Counselling Committee (MCC), the Supreme Court on December 13, 2021 refused to entertain a writ petition filed seeking directions to the Medical Counselling Committee to follow 1:5 seat to candidate ratio in NEET PG admissions, as directed by the Supreme Court in Anand S Biji vs State of Kerala decision. A bench comprising Justice DY Chandrachud and AS Bopanna had suggested that the petitioners move the concerned High Court.

NEET-UG : Supreme Court Dismisses Students' Plea Alleging Error In Hindi Translation Of Question Paper

The Supreme Court in Wajida Tabassum and Ors v. National Testing Agency and Anr had dismissed a writ petition filed by 22 NEET-UG candidates who sought recalculation of their scores due to an alleged error in the Hindi translation of a physics question in the NEET-UG 2021.

A bench comprising Justices DY Chandrachud, AS Bopanna and Vikram Nath had dismissed the petition after a panel of three independent experts constituted by the National Testing Agency opined that the answer for the Hindi and English versions was the same.

NEET-PG : Supreme Court Dismisses Plea Challenging 40% In-Service Quota Brought By West Bengal

In Sugata Bhattacharjee and Ors v Department of Health and Family Welfare Government of West Bengal and Ors, the Supreme Court bench of Justices LN Rao and BR Gavai had dismissed a writ petition filed by doctors who appeared in NEET PG 2021 challenging the notice dated October 8, 2021 issued by the Department of Health and Family Welfare, West Bengal that provides for reservation of 40% for in-service medical/dental officers.

Supreme Court Dismisses Plea To Cancel NEET-UG 2021 Over Alleged Malpractices; Says "Lakhs Of Students Can't Be Made To Suffer"

In Saloni v. National Testing Agency and Others, the Supreme Court had dismissed the petition seeking cancellation of the NEET-UG 2021 exam held on September 12, 2021 and conduct of fresh exams for NEET-UG in the wake of allegations about the widespread use of malpractices and paper leak.

"Instances of impersonation and paper leakage cannot be to the detriment to the lakhs of students who have appeared for the exam", the Supreme Court bench of Justices LN Rao and BR Gavai had observed while dismissing the petition.

NEET-UG 2021 : Supreme Court Rejects Plea To Seek Report On Probe Into Alleged Paper Leak & Malpractices

In Vishwanath Kumar & Ors vs National Testing Agency & Ors, the Supreme Court had rejected a prayer to call for a status report on the investigation in FIRs registered in different states over the alleged paper leak and widespread malpractices in the NEET UG 2021 Entrance Examination held on 12th September 2021.

The bench of Justices L Nageswara Rao and BR Gavai observed that any interference by the Court will create confusion and doubts about the exam and will be detrimental to the large number of students.

NEET- PG 2021 : Supreme Court Dismisses Plea For Option To Change Exam Centre

In Rohan K Rajeev Vs. National Board Of Examination, the Supreme Court had dismissed a writ petition filed by doctors seeking directions to allow change of exam centre option and to postpone the conduct of NEET PG 2021 till National Board of Examination allows such option.

The bench of Justices UU Lalit, S Ravindra Bhat and Bela M Trivedi had dismissed the same after observing that the COVID situation is improving in the country and there are few travel restrictions in force.

NEET- National Testing Agency Bound To Scrupulously Enforce Specific Relaxations For Persons With Disability

In a plea by a female NEET-2021 candidate suffering from dysgraphia whose grievance was that she was refused an additional one hour's time for attempting the paper by the examination centre, the Supreme Court in Avni Prakash v. National Testing Agency and Ors on November 23, 2021 had directed the NTA to consider what steps could be taken to rectify the injustice within a period of one week.

The bench of Justices DY Chandrachud and AS Bopanna had clarified that, the rights and entitlements under the Rights of Persons With Disabilities Act, 2016, including the right of 'persons with disabilities' to inclusive education by way of reasonable accommodation, shall not be constricted by reading in the higher threshold prescribed for 'persons with benchmark disabilities."

Issues That Are Sub Judice

NEET-AIQ : Centre Decides To Review Rs 8 Lakh Criteria For EWS; Counselling Deferred By Four More Weeks

After being faced with several questions about the criteria for EWS and prima facie observations in batch of petitions challenging the Centre's decision to introduce EWS/OBC reservation in the All India Quota for NEET, Central Government on November 25, 2021 had told the Supreme Court that it has decided to revisit the Rupees 8 lakh annual income limit set for determining the Economically Weaker Sections(EWS) and will take a fresh decision within 4 weeks.

The bench of Justices DY Chandrachud, Surya Kant and Vikram Nath in the order had recorded the assurance given by the Centre regarding deferral of counselling and posted the petitions for hearing on January 6, 2022.

NEET-UG 2021 : Supreme Court Issues Notice On Plea Alleging Rigging Of OMR Sheets, Discrepancy In Final Results

In Prabhnoor Singh and Ors v. National Testing Agency and Ors, the Supreme Court bench of Justices DY Chandrachud and AS Bopanna issued notice in a writ petition preferred by 6 NEET-UG candidates who alleged rigging of their OMR sheets after the publication of the answer keys by the National Testing Agency.

Alleging widespread discrepancies in NTA's scoring process, the petitioners challenge their marks and ranks secured in the test which was conducted on September 12, 2021 by the National Testing Agency.

Supreme Court Issues Notice On Petition Alleging Discrepancies In NEET-PG 2021 Scores

In another writ petition filed in Ayush Patel & Ors. v. National Board Of Examination & Ors, the Supreme Court bench of Justices DY Chandrachud and AS Bopanna issued notice on a petition alleging serious instances of discrepancies in the scores for NEET-PG 2021 and to further bring to the notice of the Court that the number of attempted questions reflected at the end of the paper on the computer screen is not same to the marks reflected in the scorecard.

NEET-SS 2021 : Supreme Court Issues Notice On Plea Challenging Criteria Which Allows Candidates From Any Discipline To Apply For DM(Medical Genetics)

In Indian Society for Medical Genetics v. Union of India and Ors, the Supreme Court bench of Justices DY Chandrachud and BV Nagarathna issued notice on a writ petition which challenges the eligibility criteria to the course of Doctorate of Medicine ("DM") Medical Genetics prescribed in the Schedule to PG Medical Education Regulations 2000 since it allows post graduates from every medical discipline to apply for the course of DM Medical Genetics and Doctorate of National Board (DrNB) Medical Genetics.