(BEFORE HON'BLE MR. JUSTICE ANIL R. DAVE, HON'BLE MR. JUSTICE SHIVA KIRTI SINGH, HON'BLE MR. JUSTICE ADARSH KUMAR GOEL)

ORDER DATED 27.04.2016

1. Taken on board.

2. The learned counsel for the petitioner has assured this Court that he will remove the office objections by tomorrow. At his request, Respondent No.4 is deleted from the array of parties. All the three respondents are represented by their respective counsel and they have assured this Court that they are ready and willing to hold NEET examination for admission to MBBS and BDS courses for the academic year 2016-17.

3. As the counsel representing CBSE would like to take necessary instructions, hearing is adjourned for tomorrow. Proposed schedule of the examination to be held, shall be submitted in the Court tomorrow.

4. The learned counsel shall also see that a responsible officer of the CBSE, who can take on the spot decision, remains present in the Court.

5. List the matter tomorrow, i.e., 28th April, 2016 at 12.00 p.m.

ORDER DATED 28.04.2016

1. The following prayer has been made in this petition :

“a) Issue a Writ of Mandamus or any other writ, order or direction in the nature of Mandamus directing the Respondents to conduct the National Eligibility cum Entrance Test (NEET) for admission to MBBS Course throughout the country for academic session 2016-17;

(b) Issue or pass any writ, direction or order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.”

2. When the matter was heard on 27th April, 2016, the following order was passed by this Court :

“Taken on board.

The learned counsel for the petitioner has assured this Court that he will remove the office objections by tomorrow. At his request, Respondent No.4 is deleted from the array of parties. All the three respondents are represented by their respective counsel and they have assured this Court that they are ready and willing to hold NEET examination for admission to MBBS and BDS courses for the academic year 2016-17.

As the counsel representing CBSE would like to take necessary instructions, hearing is adjourned for tomorrow. Proposed schedule of the examination to be held, shall be submitted in the Court tomorrow.

The learned counsel shall also see that a responsible officer of the CBSE, who can take on the spot decision, remains present in the Court.

List the matter tomorrow, i.e., 28th April, 2016 at 12.00 p.m.”

3. The matter has been thereafter heard today. It has been submitted by the learned counsel appearing for all the respondents that it is proposed to hold the examination in pursuance of Notifications dated 21st December, 2010 issued by the Medical Council of India and the Dental Council of India ('DCI' for short).

4. As per the said Notifications, a common entrance test, i.e., National Eligibility cum Entrance Test (NEET) shall be held.

5. It was further submitted, interalia, as follows :

“1. AIPMT 2016 to be held on 1st May, 2016 shall be phase I of NEET.

2. Phase II of NEET for the left out candidates shall be held on 24th July, 2016 by inviting applications with fee.

3. Combined result of both the Tests shall be declared on 17th August, 2016.

4. CBSE will provide All India Rank. Admitting Authorities will invite applications for Counselling and merit list shall be drawn based on All India Rank.

5. All associated with conduct of Exam including Central Govt., State Govt., institutions, Police etc. will extend all necessary support to CBSE and permit security measures like use of electronic and communication devices Jammers etc. for timely and fair conduct of the NEET.

6. Any difficulty with regard to implementation of orders of this Court the stake holders may approach this Hon'ble Court.”

6. The learned counsel have also given the details with regard to the time when the result would be declared and counselling would take place.

7. In view of the submissions made on behalf of the respondents, we record that NEET shall be held as stated by the respondents. We further clarify that notwithstanding any order passed by any Court earlier with regard to not holding NEET, this order shall operate. Therefore, no further order is required to be passed at this stage.

8. It may be mentioned here that some learned counsel representing those who are not parties to this petition have made submissions that in view of the judgment passed in Christian Medical College, Vellore & Ors. Vs. Union of India & Ors., reported in (2014) 2 SCC 305 , [LQ/SC/2013/786] it would not be proper to hold NEET and this order should not affect pending matters.

9. We do not agree with the first submission for the reason that the said judgment has already been recalled on 11th April, 2016 and therefore, the Notifications dated 21st December, 2010 are in operation as on today.

10. It may however be clarified that by this order hearing of the petitions which are pending before this Court will not be affected.

11. The petition be now listed in due course.

ORDER DATED 05.05.2016

I.A.Nos.15 & 16:-

Mr. Tushar Mehta, learned ASG appearing for the State of Gujarat, started his arguments at 2.00 p.m. and concluded at 2.50 p.m.

I.A.Nos.20 & 21 :-

Then, Mr. Gopal Subramanium, learned senior counsel appearing for the State of J&K, started his arguments at and concluded at 3.10 p.m.

I.A.Nos.33 & 43 :

I.A.Nos. 33 and 43 are taken on record.

Mr. P.P. Rao, learned senior counsel appearing for the State of Andhra Pradesh, made his submissions till 3.20 p.m., who was followed by Mr. Basava Prabhu Patil, learned senior counsel. He concluded his submissions at 3.30 p.m.

Thereafter, Dr. Bhimsen, learned counsel, made his submissions for State of J&K for few minutes.

I.A.Nos.9 & 10 and I.A.Nos.41 & 42 :-

I.A.Nos.41 and 42 are taken on record.

Mr. Shyam Divan, learned senior counsel appearing for the State of Maharashtra, made his submissions till 3.50 p.m., who was followed by Mr. C.U. Singh, learned senior counsel, who made his submissions for five minutes.

Mr. V. Giri, learned senior counsel appearing for the state of Tamil Nadu, started his arguments at 3.55 p.m and concluded at 4.05 p.m.

Thereafter, Mr. Ranjit Kumar, learned Solicitor General, stated his arguments and was on his legs when the Court rose for the day.

List the matter tomorrow, i.e., on 6th May, 2016, at 2.00 p.m.

ORDER DATED 06.05.2016

1. In view of the request made by the learned Solicitor General, hearing is adjourned to 9th May, 2016. However, it is clarified that no examination shall be permitted to be held for admission to MBBS or BDS studies by any private college or association or any private/deemed university.

2. The issue with regard to those students, who had appeared or who are due to appear in examinations conducted by the States in accordance with their State laws, shall be decided after hearing the learned Solicitor General.

3. Those students who had appeared at NEET Phase-I shall not be permitted to appear at NEET Phase-II but the students who could not appear at NEET Phase-I may appear at NEET Phase-II.

4. List on 9th May, 2016, at 2.00 p.m.


Interlocutory Application No. 2 (For directions) in Transfer Case (C) No. 7 of 2013, Interlocutory Application No. 3 (For directions) in Transfer Case (C) No. 58 of 2013, Interlocutory Application Nos. 4-6 (For directions) in Transfer Case (C) Nos. 132-134 of 2012, Interlocutory Application No. 10 (For impleadment) in Transfer Case (C) No. 98 of 2012, Interlocutory Application No. 2 (For stay) in Transfer Case (C) No. 99 of 2012, Writ Petition (C) No. 275 of 2016, Interlocutory Application No. 1 (For stay) in Transfer Case (C) No. 11 of 2013, Interlocutory Application Nos. 2 to 30 (For impleadment, modification of Court's order intervention and directions) in Writ Petition (C) No. 261 of 2016, Writ Petition (C) No. 292 of 2016 and Writ Petition (C) No. 293 of 2016


ORDER DATED 09.05.2016

1. These applications have been filed by the private medical colleges and also by some of the States seeking modification of order dated 28th April, 2016 in W.P. (C) No. 261 of 2016.

2. The Medical Council of India (MCI) and the Dental Council of India (DCI) issued notifications dated 21st December, 2010, amending the existing statutory Regulations to provide for a single National Eligibility-cum-Entrance Test (NEET) for admission to the MBBS/BDS course.

3. The said notifications were struck down in Christian Medical College, Vellore v. Union of India 2014 (2) SCC 305 [LQ/SC/2013/786] .

4. The said judgment stands recalled vide order dated 11th April, 2016 in Review Petition (C) Nos. 2159-2268 of 2013.

5. On 28th April, 2016, in W.P.(C) No. 261/2016 a statement was made by the learned Counsel for MCI, CBSE and Union of India that for the academic year 2016-17, NEET would be held.

6. We have heard the learned Counsel for the parties.

7. In recent Constitution Bench judgment dated 2nd May, 2016, in Modern Dental College and Ors. v. State of M.P. and Ors. in Civil Appeal No. 4060 of 2009 etc., the stand of the private medical colleges (including minorities) that conducting of entrance test by the State violated right of autonomy of the said colleges, has been rejected. The State law providing for conducting of entrance test was upheld, rejecting the contention that the State had no legislative competence on the subject. At the same time, it was held that the admission involved two aspects. First, the adoption of setting up of minimum standards of education and coordination of such standards which aspect was covered exclusively by Entry 66 of List I. The second aspect is with regard to implementation of the said standards which was covered by Entry 25 of List III. On the said aspect, the State could also legislate. The two entries overlap to some extent and to that extent Entry 66 of List I prevailed over the subject covered by Entry 25.

8. Prima facie, we do not find any infirmity in the NEET Regulation on the ground that it affects the rights of the States or the private institutions. Special provisions for reservation of any category are not subject matter of the NEET nor rights of minority are in any manner affected by NEET. NEET only provides for conducting entrance test for eligibility for admission to the MBBS/BDS course.

9. We thus, do not find any merit in the applications seeking modification of order dated 28th April, 2016.

10. Only other contention relates to perceived hardship to the students who have either applied for NEET-I but could not appear or who appeared but could not prepare fully thinking that the preparation was to be only for 15% All India seats and there will be further opportunity to appear in other examinations. To allay any such apprehension, we direct that all such eligible candidates who could not appear in NEET-I and those who had appeared but have apprehension that they had not prepared well, be permitted to appear in NEET-II, subject to seeking an option from the said candidates to give up their candidature for NEET-I. It would be open to the Respondents to reschedule the date of holding NEET-II, if necessary. To this extent the earlier orders stand modified.

11. We may also add here that to ensure total credibility of the examination to be held by the CBSE, the Oversight Committee appointed by this Court vide the aforesaid judgment dated 2nd May, 2016 shall also oversee the NEET-II examination to be conducted by the CBSE.

12. In view of the above, it is also clarified that only NEET would enable students to get admission to MBBS or BDS studies.

13. In view of the above order, all the applications and writ petitions seeking modification of order passed on 11th April, 2016, stand disposed of.

W.P.(C)261/2016:

14. In view of the above order, W.P.(C) No. 261/2016 also does not survive and that is also disposed of.