SC dismisses plea seeking cancellation of NEET UG exam

Update: 2021-10-04 19:02 GMT

New Delhi: The Supreme Court on Monday refused to entertain a plea seeking cancellation of the National Eligibility cum Entrance Test, undergraduate, (NEET UG) held on September 12, 2021 on the ground that the examination was not conducted in a fair and transparent manner.

The apex court dismissed the plea saying that cancellation of the exam cannot be at the cost of lakhs of students.

A bench headed by Justice L Nageswara Rao, which stopped short of imposing Rs 5 lakh cost, noted that the petitioner seeks setting aside the NEET-UG Exam and directing the National Testing Agency to conduct the exam afresh.

The basis is that CBI has registered 3 FIR's wherein it has stated that there has been impersonation of the candidates, the apex court noted.

"What kind of writs are filed under Article 32? Lakhs of people have taken these exams? When people come to you (advocate), don't you say that these will be dismissed with cost? You now want to cancel the entire exam? You argue, we'll deal with this at length and we'll deal with you specially," the bench also comprising Justice B R Gavai said.

Advocate Ninad Dogra, appearing for the petitioner, submitted that CBI has registered three FIRs and examination papers were leaked on WhatsApp.

The top court was hearing a plea filed by 20 year old petitioner Saloni seeking cancellation of the NEET UG exam held on September 12, 2021, citing alleged malpractices and conducting the exam afresh.

Meanwhile, Tamil Nadu Chief Minister M K Stalin has written to his counterparts in 11 non-BJP ruled states and Goa, seeking their support to oppose the National Eligibility cum Entrance Test and restore "the primacy of states" in education, the government said on Monday. Also, Stalin has deputed his party MPs to reach out to the heads of such states to drum up support.

In a letter to his counterparts, the Chief Minister reiterated his government's opposition to NEET.

"Our considered position has always been that the move by the union government to introduce NEET goes against the spirit of federalism and violates the constitutional balance of power by curbing the rights of the state governments to decide on the method of admission in the medical institutions founded, established and run by them," he said.

The state governments need to assert their constitutional right and position in deciding the method of admission to their higher educational institutions, Stalin urged in a letter dated October 1, made available to the media on Monday.

The CM enclosed a copy of the Justice A K Rajan Committee report based on which a Bill was passed in the Assembly last month to dispense with NEET and provide for admission to medical courses based on Class XII marks to ensure social justice. Also, a copy of that Bill, passed on September 13, was attached.

Stalin wrote to the Chief Ministers of Andhra Pradesh, Chhattisgarh, Delhi, Jharkhand, Kerala, Maharashtra, Odisha, Punjab, Rajasthan, Telangana, West Bengal and Goa. 

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