Decision To Hold NEET After August 31 Can't Be Faulted : Karnataka High Court Dismisses Plea Challenging Postponement

A division bench of Justice B V Nagarathna and Justice Hanchate Sanjeevkumar said "This is not a case where there is cancellation of NEET this year. It is only a case of postponement of the Test from April-2021 to a period subsequent to 31st August, 2021. It is needless to observe that the said postponement is in the background of the "second wave" of the COVID-19 pandemic and the need to enlist the services of doctors for duties so as to manage the medical facilities and attend to the patients suffering from the disease. The decision of the Union of India to hold the Test after 31st August, 2021 in our view, cannot be faulted, inasmuch as the decision would have been on the basis of the opinion of experts and on sound discretion being exercised by the second respondent-Department."

Petitioner Late G.B.Kulkarni Memorial Legal Trust (Regd.) through its president Dr.Vinod G.Kulkarni, had approached the court questioning the decision of the government to postpone the exams.

It was pleaded by Dr Kulkarni that "According to the petitioner, on account of postponement of NEET, one day prior to the date it was to be held on 17.4.2021, the doctors, aspirants for post-graduate studies, are suffering from stress, anxiety and depression as their plans to study post-graduation has been unsettled on account of procrastination. It was also said that when all other examinations are being conducted during the current COVID-19 pandemic, there was no reason to postpone NEET."

Further, he had contended that last year, when permission was sought before the Supreme Court for seeking postponement of holding of NEET, it was declined and therefore, for this year the Central Government could not have unilaterally postponed the Test.

Assistant Solicitor General supported the decision of the Central Government and submitted that owing to severe nature of COVID-19 Pandemic, which affected the Country this year from March 2021 till to the end of May 2021, in mid April-2021 a decision was taken at the highest level of the Central Government to postpone NEET.

Further, he said "The said decision is a policy decision which is very sound and it may not be interfered with by this Court, as it is not an arbitrary decision but having regard to the serious nature of the resurgence of COVID-19 pandemic, which is commonly known as its 'second wave'. It was also submitted that Courts do not intervene in academic schedules and matters, which are purely academic in nature, and when there is no arbitrariness in the instant case, this Court may not interfere in the writ petition."

The government also informed the court that "NEET aspirants, those doing their Internships as well as final year students of MBBS and final year Nursing students have been recruited to assist the doctors in the hospitals attending to COVID-19 patients owing to the severe nature of the pandemic during the months from March 2021 till the beginning of June 2021 (100 days of COVID-19 duty).

It is only on account of the circumstances that emerged that it was decided to postpone the NEET so as to enlist the services of the doctors including NEET aspirants for COVID-19 management and duties. Once the pandemic subsides, a date will be notified for holding the NEET for post-graduate medical students aspirants and they would be given sufficient time to prepare.

The court took judicial notice of the fact that COVID-19 pandemic in the first half of 2021 has been more severe than what it was in the corresponding period last year, must be taken note of. What is known as the "second wave" of the pandemic has affected the people from all walks of life and the number of Covid-19 cases increased tremendously during the months of March, April and May-2021. It is in the middle of such a "second wave" of the pandemic, when it was approaching its peak, resulting not only in high fatalities, but also post-recovery complications has endeared respondents No.2 i.e., Union of India, to take a decision to postpone the NEET to a period after 31st August, 2021.

It noted "This is not a case where the said postponement has been made at the last moment in order to adversely affect the aspirants, rather, the decision would have been taken after a serious deliberation and owing to the situation as it emerged in April-2021."

The court opined "The Hon'ble Supreme Court declined to approve postponement of the exam last year as the pandemic was not as severe last year, the doctors including NEET aspirants were not requested to perform duties during this "second wave" of the pandemic. But, if such doctors have offered their services during the period April-July, then they would require time to prepare for the Test. Hence, the postponement of NEET beyond 31st August 2021. In the circumstances, we do not find any reason to interfere in the matter."