[NEET-UG Exam] Provide Decent Accommodation To Aspirant And Her Accompanying Either Parent For 4 Days: Calcutta HC Directs State Authorities [Read Order]

[NOTE: The examination in question is scheduled to be held on 13^th September, 2020.]

The Single Bench of Justice Arindam Sinha was hearing the plea of a NEET UG aspirant Jayatri Paul praying for "setting aside and quashing the memo dated 31st August 2020 declaring lockdowns, inter alia, on 11th and 12th September 2020 in West Bengal."

Significantly, the NEET UG aspirant Jayatri Paul is a resident of North Dinajpur and has to undertake travel to take the Test on coming Sunday, 13th September, 2020. Immediately preceding two days have been declared under lockdown. Her counsel, thus, prayed for setting aside and quashing the impugned memo.

The State was not represented before the court, however, the Court noted that it was satisfied that State has information of the writ petition having had been listed yesterday (i.e., on 09^th September).

Further, the Court Said,

"Court is not inclined to go into adjudication on merits of the case urged. Instead, the state is directed to provide decent accommodation of one room, to the petitioner and her accompanying either parent, both of whom will travel on Thursday (10.9.2020), to reach Siliguri that day itself. The accommodation must be for them to be provided by State Government through Thursday (10.9.2020) till Monday (14.9.2020). The state will inform particulars of accommodation, to be provided to the petitioner's learned advocate by tomorrow." (emphasis supplied)

With above directions, the writ petition and connected application were disposed of on Wednesday (09^th September).

Significantly, today (10^th September) the Mamata Banerjee administration in West Bengal has decided to cancel the lockdown on September 12 keeping in mind the National Eligibility cum Entrance Test that is scheduled a day after.

"GoWB had initially announced a statewide lockdown on Sep 11th & 12th. Considering the NEET 2020 examination scheduled on 13th, we have received numerous requests from the student community on lifting lockdown norms on 12th, helping ease their travel to examination centres. Keeping their interest in mind, while keeping the statewide lockdown as it is on Sep 11th, it has been decided to cancel the lockdown on 12th, so that the students can attend the examination on 13th without any apprehensions or concerns. I wish them all the very best," Banerjee tweeted earlier today.

It may be noted that the Calcutta High Court on Wednesday (09^th September) asked the State authorities to make a sincere endeavour to start bus services for NEET-UG Aspirants from early morning on the day of the Examination and to increase the frequency of buses to enable the students at large to reach their respective examination centres in time.

The Single Bench of Justice Tapabrata Chakraborty was hearing the plea of a NEET-UG aspirant Souvik Panda seeking the directions of the Court "commanding the respondent authorities concerned to forthwith make separate arrangements for allowing the petitioner who is tested COVID-19 positive to participate in NEET-UG Examination on 13.09.2020 including all transport and medical facilities."

It may be noted that at least 3 such orders were issued/passed by the Calcutta High Court (The bench of Justice Tapabrata Chakraborty) Court on Wednesday (09^th September).

Notably, the prayer for postponement of the NEET-UG Examination has been refused by the Hon'ble Supreme Court by an order dated 17th August 2020 and a review application filed thereafter by the State has also been dismissed on 4th September 2020.

Further, the Supreme Court on Wednesday (09^th September) refused to entertain three fresh petitions which sought to postpone the National Eligibility cum Entrance Test (NEET).

A Bench comprising Justices Ashok Bhushan, R Subhash Reddy and MR Shah was considering three petitions -(Keshav Maheshwari & Others vs National Testing Agency & others, Arijit Sahu & Others vs National Testing Agency and others, Pragya Pranjal and others vs National Testing Agency and others).

Case Details:

Case Title: Jayatri Paul v. State of West Bengal & Ors.

Case No.: W. P. A. 7025 of 2019

Quorum: Justice Arindam Sinha

Appearance: Advocates Loknath Chatterjee and Sukanta Ghosh (for the Petitioner); Advocate Kunaljit Bhattacharya (For Union of India); Advocate U.S. Menon (for the respondent no. 10).

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