SC refers plea against NEET Ordinance to another Bench

“This (plea) will go to the Bench (headed by Justice AR Dave), which is hearing the related matter,” a Bench, comprising Chief Justice TS Thakur and Justice D Y Chandrachud, said.

The plea was filed in May end by Indore-based doctor Anand Rai, who also claims to be a whistle-blower in the infamous Vyapam scam.

Besides seeking quashing of the Ordinance, which got Presidential assent on May 24, the plea has also sought a stay on its operation as an interim relief.

Referring to the Centre’s stand to support the single-window National Eligibility and Entrance Test (NEET) for admissions, the plea said the government had taken a “complete U-turn”, which showed “malafides and ill-intent towards the process of admission of students, who shall suffer the most”.

“The normal democratic legislative process involves the people’s representatives in the two Houses openly enact a law after full consideration and discussion. 

An Ordinance seeks to circumvent this procedure for it is drafted secretly in government chambers and is promulgated without an open discussion, and hence, it becomes even more pertinent that the Ordinance-making power is not invoked lightly but only when absolutely necessary to do so, and the situation cannot be otherwise met effectively,” it said.

“The present Ordinance is a completely contradictory stand by the respondent (Centre) within a span of four weeks. This is also a belated stage as the examination itself is to be scheduled within the next eight weeks as per the Schedule given by the Respondent Union itself and the discriminating ordinance further creates confusion amongst students,” the Bench said.

The ordinance keeps state boards out of the ambit of uniform medical entrance examination NEET for the present academic session.