Supreme Court Dismisses Plea Seeking Second Round For NEET-UG Exam

The Supreme Court today dismissed a SLP assailing Delhi High Court's order of refusal to interfere in a petition seeking to conduct a second round of NEET UG.

The bench of Justices S Ravindra Bhat and Bela M Trivedi remarked that it was a policy decision to be taken by the educational agency and the Court cannot interfere in that. 

Courtroom Exchange

When the matter was called for hearing, Senior Advocate Sanjay Hegde drawing a similarity between the students who appear for NEET as well as JEE submitted that in JEE students have 4 chances to take the exam whereas in NEET students get only one chance.

"The kind of pressure that one single exam has on students. In states, there are students who miss the chance and unfortunate things happen. Every year we have these children and these exams," submitted the Senior Counsel.

Referring to the reasons given by the National Testing Agency for giving students who appear for JEE 4 chances for taking the exam, the Senior Counsel, "Petition is more for the future. This is the justification given for the JEE Exam which also used to be a 1 phase exam. The only difference is that the ones who go into JEE dont have biology."

"These are different testing silos, candidates would be different and volume would be different. It's a matter of policy. Whether it is convenient for the students or not it's a matter of policy," remarked Justice SR Bhat, the presiding judge of the bench.

Submitting that the National Testing Agency is already on caveat, Senior Counsel requested the bench to direct the NTA to file a reply.

"Sometimes a little nudge goes a long way. They have been sleeping over the representation. Let them come and give a submission. But there is no logical reason as to why people who go for engineering go for 4 chances and in NEET only 1. Let them give a reply," Senior Counsel submitted.

The bench at this juncture said that in the present case it was not exercising its appellate jurisdiction but an advisory jurisdiction.

"Why should we enter into an arena where tangible relief cannot be granted? In this case, we are not exercising appellate but advisory jurisdiction here," Justice Bhat said.

"7 lakhs students appeared and petitioner was one of them," Justice Bela M Trivedi added.

 Case Before Delhi High Court

The petitioners who had participated in NEET UG, 2021 had approached the High Court seeking a direction upon the NTA to conduct the NEET (UG) in a second phase, so that the candidates who were unable to do as well as they had expected, have another opportunity to take the examination.

The petitioner's counsel had submitted that the prayer was consistent with the practice in the case of the Joint Entrance Exam ["JEE"] through which admissions to engineering colleges are made. It was also the counsel's contention that the relief sought would ease the pressure on candidates wishing to take the NEET (UG) in subsequent years.

Noting that 6-7 lakh students had participated, the Single Bench of Justice Prateek Jalan on November 17, 2021 while refusing to grant the relief claimed observed,

"To give a direction for a second round of NEET (UG) to be conducted at this stage would tantamount to altering the rules mid-way, when so many candidates are on the verge of participating in the concluding phase of the admissions process. As far as the present year is concerned, therefore, no orders can be passed in the present writ petition."

On request of petitioner's counsel the High Court had directed NTA to treat the petition as a representation in NEET UG for future years and to consider the same in their own discretion.

Case Title: Divya Tiwari v. National Testing Agency & Ors| SLP(C) No. 359/2022

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