7 March 2024 3:15 PM GMT
NEET-MDS aspirants have again approached the Supreme Court alleging that the Union Government has not yet taken a decision on postponing the NEET-MDS exam scheduled on March 18.
The Union, as per the previous order on 21 February, had to take a call on the issue of postponement of the exam and extension of the internship completion cut-off date. Expressing concern over the lack of action, the petitioners filed a Miscellaneous Application (MA) seeking the restoration of the writ petition which was disposed of by the Court on February 21 based on the Union's assurance. The petitioners said that the Union has not reverted with a final decision within a week of receiving representations from the students
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 counsel for the petitioners mentioned the application before CJI DY Chandrachud this morning.
CJI asked the counsel to send an email request and stated that a date for listing would be fixed.
Union's Undertaking and Current Status Of Non-Compliance
On February 21, the Union informed the Supreme Court that it was examining the grievances of NEET-MDS candidates regarding the extension of the internship deadline. The Court refrained from passing an order on the plea to postpone NEET-MDS 2024, allowing the Union a week to decide on the matter. However, the recent application highlights that the Union has not taken a decision on the postponement despite the looming examination date.
As per the application, it is submitted - “However, despite the order and despite the examination date looming in, the respondents have not taken any decision in this regard till Date.”
It was further mentioned in the application that “A number of emails and representations were submitted to the respondents both through email and in physical form wherein the dental students have set out their grievances and reiterated their request to postpone the exam and increase the cutoff date. However, the respondents have not acted upon any such representations till date.”
Prayer To Seek Directions To Reschedule NEET-MDS 2024 On Parity With NEET PG
The petitioners, seeking restoration of the writ petition, have urged the Court to direct the Union to comply with the order dated February 21, 2024. Additionally, they have requested the Court to order the rescheduling of NEET-MDS 2024 exams, emphasizing parity with the common counselling for NEET PG and NEET MDS. The application also seeks an extension of the eligibility cut-off date, considering the delayed completion of internships by BDS students.
The basis for filing the current petition emerged when the relevant respondent, the National Board of Examinations (NBE), announced the rescheduling of NEET PG 2024 from March 3rd to July 7th, 2024, setting the cutoff date as August 15, 2024. In contrast, NEET MDS was notified on January 20, 2024, to take place on March 18th, 2024, with an internship completion cutoff date of March 31, 2024. The petitioners allege that the cut-off date is "arbitrary".
The Prayer of the application seeks the following :
a) Pass an order allowing the application for restoration of the above-captioned writ petition and direct the respondents to comply with the order dated 21.02.2024 passed by this Hon'ble Court in the present writ petition.
b) Pass an order thereby directing the Respondents to reschedule NEET MDS 2024 in furtherance of the consistent practice and policy to conduct entrance exam and common counselling for NEET PG and NEET MDS, parity.
c) Pass an order thereby directing the Respondents to extend last date of cut-off for eligibility suitably
i) after ascertaining internship completion date from universities offering MDS Course across India;
ii) in accordance with existing policy to conduct entrance exam and common counselling for NEET PG and NEET MDS and/or;
d) pass any other order that is deemed fit and proper in the facts and circumstances of the case.
Discrimination In Cut-off Date - Putting Lives of 8000 Students At Stake
The application points out the discriminatory nature of fixing the eligibility cut-off date as March 31, 2024, highlighting that 40% of the 2018 BDS batch interns won't complete their internships by then. The argument emphasises the overlap in the UG course curriculum for BDS and MBBS students, both facing delays due to the COVID-19 period. The application stresses the need for a uniform approach, questioning the discrepancy in the cut-off dates for MBBS and BDS students.
“Roughly 8000 students all across India including Kerala, Orissa, MP, UP, J&K, AP & Rajasthan will be excluded.”
The application highlights the challenges NEET-MDS aspirants face and their plea for a fair and equitable resolution in light of the unique circumstances surrounding their internships and examinations.
“ Both the BDS as well as the MBBS students went through the Covid period together and suffered the same delays in the holding of the yearly examinations and training.
Therefore, it is discriminatory for the cutoff date to be pushed back from 31 March 2024 to 15th August 2024 for the 2018 batch of MBBS interns, and not for the BDS students. Counselling for the MBBS students and BDS students after the internship period is over has always been held at the same time.”
Aditya Dubey & Ors. v. Union of India & Ors. | Writ Petition (Civil) No. 104 of 2024