NEET : Telangana High Court Refuses To Entertain Request To Postpone NEET-PG, NEET-MDS Exams; Allows Students To Give Representation
The Telangana High Court has refused to entertain a request to postpone the NEET PG and NEET MDS exams, which are scheduled in the first week of March, by 3 months. The Court noted that the dates for the exams were finalised six months ago and they are to be conducted on an all India basis. Hence, the Court opined that postponement of the exams may not be feasible. However, the Court...
The Telangana High Court has refused to entertain a request to postpone the NEET PG and NEET MDS exams, which are scheduled in the first week of March, by 3 months. The Court noted that the dates for the exams were finalised six months ago and they are to be conducted on an all India basis. Hence, the Court opined that postponement of the exams may not be feasible.
However, the Court permitted the petitioners to submit a representation before the authorities seeking postponement within one week. The authorities are directed to decide such representations expeditiously. The Court clarified that it has not expressed anything on the merits of the case
The Court also directed the authorities to ensure that from next year,MBBS/BDS students across the country have a uniform cut-off date and they get sufficient time to prepare for NEETPG and NEET-MDS exams.
The petitions were filed by students who completed MBBS / Dental Course in 2021-22.The Petitioners case in brief is that that they had completed MBBS course and that their internship was upto 11th August, 2023. In the meantime, the National Board of Examination in Medical Science issued NEET P.G. notification on 16th September, 2022 wherein was stated that NEET P.G. 2023 Entrance Examination would be held on 5th March, 2023. Those persons who will have completed internship on 31st March, 2023 or before that date were made eligible to write the examination.
As per the notification, the petitioners were not eligible to write the examination as their internship was ending in 11th August, 2023 even though they had completed MBBS course for academic year 2021-22.
Based on representation from various persons who were similarly situated as petitioners, the cutoff date was initially increased from 31st March, 2023 5o 30th June, 2023 and finally extended to 11th August, 2023.
As a consequence, the petitioners were made eligible to write the NEET PG examination scheduled to be held on 5th March, 2023. However, the grievance of petitioners was that no reasonable time was granted to prepare for the examination to be conducted in March.
Similar situation was for those who were attempting PG MDS Course.
The counsel appearing for the National Medical Commission, Mrs. Gorinthla Poojitha and the Deputy Solicitor General of India appearing for respondents contended that the NEET admission notification was issued way back on 16th September, 2022 and the entire arrangements were made on all India basis to conduct the examination and it would be a chaos if the examination is postponed in the last minute.
“For next academic year, every effort will be taken to ensure all the candidates who have completed MBBS/BDS course are made eligible and every opportunity will be given to the students to prepare for the examination and take up the examination, therefore the question of postponing the NEET P.G./NEET-MDS examination would not arise.”
The Bench comprising of Justice Abhinand Kumar Shavili and Justice Pulla Karthik expressed the view that the postponing of NEET P.G./NEET-MDS examination may not be feasible because they are being conducted on all India basis and the dates were finalized long back. However, a direction was given to the National Board of Examination that from next academic year, enough care should be taken to ensure sufficient time is granted to all students to prepare for NEET and a uniform cutoff date be fixed across the country.
A direction was also given to the petitioners to submit a fresh representation before the authorities seeking postponement and the authorities are directed to pass appropriate orders in accordance with law expeditiously.
Pathem Murali Krishna & ors. v. National Board of Examiantion in Medical Science & ors.
Citation: 2023 LiveLaw (Tel) 7