NEET-UG : Supreme Court Directs NMC To Not Disturb Admission Of Private Student From National Institute Of Open Schooling

The Supreme Court of India on Friday directed the National Medical Council to not disturb the admission of a NEET-UG candidate who passed her 10+2 courses as a private student from National Institute Of Open Schooling (NIOS). The matter was heard by a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha. 

The petitioner, a NEET-UG candidate, averred that though she has been admitted for counselling, the States of Madhya Pradesh and Punjab were insisting that she submits her Class 11 marksheet. She claimed that other States were not urging on making such submissions. The petitioner, along with the counsel of NIOS, submitted that providing a Class 11 marksheet was not possible as the NIOS curriculum was such that when a student undertook class 12th examination, they also undertook class 11th examination.

Per contra, the respondent submitted that–

"The student has not passed the 11th standard. The continuous study of two years is necessary in 11th and 12th. It's the stand of National Indian Open School before the High Court where they say that it's mandatory that each student should have enrolled for two years and undergone all these courses. He has not gone through because the 11th certificate is not here."

He referred to Code 2 in the NEET Brochure and the Brochures issued by different States in consonance with the eligibility criteria set out in Code 2 for his submission.

"Code 2: Candidates who have passed 10+2 from Open School or as private candidates shall not be eligible to appear for the 'National Eligibility Cum Entrance Test'. Furthermore a study of Biology/Biotechnology as an Additional Subject at 10+2 level also shall not be permissible."

The petitioner submitted that all other examinations such as IIT accepted NIOS students. The bench granted interim relief to the petitioner and stated–

"The marks statement of the petitioner indicates that he had passed the senior secondary school examination from NIOS. He has already been allotted seats. We direct as an interim measure that the admission of the petitioner shall not be disturbed.."

CJI DY Chandrachud, while dictating the order, also stated that–

"The NIOS is directed to file an affidavit as to whether in pursuance of its stand before the Delhi High Court, the petitioner had appeared for exams conducted for 11th and 12th exam."

CASE TITLE: Srishti Nayak And Anr.v. UoI And Ors. WP(C) No. 26/2022