Supreme Court Refuses To Defer NEET-UG 2021 On Plea Filed By CBSE Private, Compartment, Patrachar Students

The Supreme Court on Monday refused to entertain a petition filed by a group of students taking the CBSE Private, Patracahr and Compartment exams for Class 12 seeking to defer the NEET-UG 2021 exam, which is scheduled to start from September 12.

The Court however said that the petitioners will be at liberty to make a representation before the authorities raising their grievances.

A Bench comprising Justice AM Khanwilkar, Justice Hrishikesh Roy and Justice CT Ravikumar orally said that the Court cannot meddle with the examination schedule citing the inconvenience of a section of students.

"These students should burn the midnight oil and prepare. How much can we intervene as a court?Our indulgence means we are causing strain and pain to so many students. If authority wants to do on its own it's for them to decide. Please don't use our platform to push them", the bench orally said.

The bench orally said that it does not want to create uncertainty in the minds of the candidates by interfering with the exam schedule.  The bench observed that merely 1% students will be appearing for the improvisation exam and the entire NEET schedule can't be changed for their sake.

After hearing the arguments of Advocate Shoeb Alam for the petitioners, the bench passed the following order :

 "The relief claimed is to quash public notice issued scheduling NEET UG 2021 on 12th September. For reasons canvassed by petitioners' counsel we are not impressed nor willing to show any indulgence to petitioners or allow them to invoke remedy under Article 32.

If petitioners so desire, they are free to make representations to competent authority who may consider it on its own merits at earliest. Beyond this we make it clear we haven't expressed any opinion on several opinions canvassed".

Court room exchange

The petitioners' counsel Advocate Shoeb Alam sought deferment of NEET examination saying that there's broad overlapping of dates.  In response to Bench's observation that only 1% candidates go for improvisation, Mr Alam said there are around 25000 students who will take improvement and compartment exams and will appear in NEET Exam.

"I'm only asking for simple deferment. I'm not asking for cancellation, only a short accommodation" Alam stated.

"These students after one and a half years will appear in these pen and paper exams. A barrage of exams are taking place in small window of 1 week- 15 days" Alam said.

With relation to pattern of the NEET Exam, Mr Alam submitted that the pattern of the exam has been changed recently. Earlier there were 180 questions in time period of 180 minutes which has been changed to 200 questions with the same item.

He added that while time granted to students is reduced to one minute per question, the students are also required to go through all 200 questions to make a conscious choice as to which 180 questions are to be attempted.

When the bench expressed disinclination to entertain the matter, Alam pointed out that the authorities have adjourned the JEE session 4. The bench said that if the authorities are deferring the exam on their own, they can do it but the court cannot compel them to do so.

At this point, Alam requested the bench to at least allow the petitioners to make a representation.

The Solicitor General of India Tushar Mehta submitted that elaborate preparations have already been made for the exam, and most candidates have already made travel arrangements.

The bench said that the only relief it can grant is to permit the petitioners to make a representation.

Students can take NEET provisionally before Class 12 results : NTA tells Court