21 Feb 2024 6:23 AM GMT
The union government told the Supreme Court on Wednesday (February 21) that it is looking into the grievances of NEET-MDS candidates regarding the extension of internship deadline.
Taking note of this, the Supreme Court did not pass any order on a plea to postpone the National Eligibility cum Entrance Test for Master in Dental Surgery Course (NEET MDS) 2024 and extend the internship completion cut-off date and allowed the union government to 'take a call' on the issue within a week of receiving representations from the petitioners.
The entrance test has been scheduled to take place on March 18, with candidates currently eligible to take the examination only on completion of their internships on or before March 31.
The Supreme Court allowed the petitioners to submit their representations to the Ministry of Health and Family Welfare. This development came after the court was informed that the Union Government is 'seized of the matter' and has sought information from the National Dental Commission on the number of students who would be affected by the current deadline.
A bench of Chief Justice DY Chandrachud, JB Pardiwala, and Manoj Misra was hearing a writ petition filed under Article 32 of the Constitution seeking to reschedule the NEET MDS 2024 exam and to extend the cut-off for eligibility by revising the internship completion dates.
On the last occasion, Senior Advocate Colin Gonsalves, representing the petitioners, highlighted that while some candidates have completed their internships and registered for NEET MDS 2024, many others could not register due to internship completion dates beyond March 31. He also pointed out that the deadline for the online submission of NEET MDS application forms for this academic year was February 19.
Today, Advocate Gaurav Sharma, appearing for the official respondents, told the court that the entrance examination was scheduled to be held in March this year in an attempt to return to a pre-pandemic schedule after it was heavily disrupted owing to the outbreak of the COVID-19 pandemic. "These entrance examinations for post-graduate courses used to be held in December and January before the pandemic. However, the sessions were delayed for the last four years, and resultantly the examinations were delayed. But now they are trying to bring it back to the original time schedule."
"The union government yesterday sought information from the National Dental Commission on how many students are affected by the cut-off date. The government is looking into this," the counsel added.
Remarking that deciding cut-off dates to determine eligibility to take entrance examinations were "not really in the judicial realm", Chief Justice Chandrachud said -
Gonsalves, however, vehemently protested against the court disposing of the matter, arguing that students in as many as seven states would be at risk.
In response to the senior counsel's apprehensions, the court suggested asking the union government to expeditiously decide on the representation sent to it by the petitioners. In February 2022, it had allowed NEET-PG candidates to submit such a representation for an extension of the completion of internship for the purposes of admission into postgraduate courses.
At the end of today's hearing, the bench pronounced -
The petitioners have argued that the decision to hold NEET MDS on March 18 without ascertaining the actual internship completion dates was 'manifestly arbitrary'. This contention stems from a 2023 directive by the Telangana High Court, urging the National Board of Examinations (NBE) to establish a uniform cut-off date for candidates across the country, allowing sufficient time for preparation. The high court, while disposing of a writ seeking rescheduling of the entrance examination for the year 2023, noted in its order -
“Before parting with the case we also make it clear from the next academic year the respondent shall take steps to see that all the candidates who have completed MBBS/BDS course across the country a uniform cut off date be fixed and enough care is taken to ensure that sufficient time is granted to all the students to prepare for NEET.”
The basis for the current petition arose when the NBE rescheduled NEET PG 2024 from March 3 to July 7 with a cut-off date of August 15. However, NEET MDS was announced on January 20 to take place on March 18, with an internship completion cut-off of March 31. This contrast in dates prompted the petitioners to challenge what they have alleged to be arbitrary.
In support of their plea for a revision of the cut-off date, the petitioners have cited precedent from 2023 when the deadline for completing internships for NEET MDS was extended to June 30, 2023. They argue that the decision not to extend a similar courtesy for 2024, without verifying actual internship completion dates, is arbitrary. In contrast, the National Medical Commission assessed internship completion dates before setting deadlines, ensuring fairness in the process.
Case Details
Aditya Dubey & Ors. v. Union of India & Ors. | Writ Petition (Civil) No. 104 of 2024