LexSANKALP CHARITABLE TRUST AND ANR. versus UNION OF INDJA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2016] 3 S.C.R. 547
SANKALP CHARITABLE TRUST AND ANR.
'v.
UNION OF INDJA AND ORS.
(Writ Petition (C) No. 261 of2016)
APRIL 28; 2016
[ANIL R. DAVE, SHIVA KIRTI SINGH AND ADARSH
KUMAR GOEL, JJ.]
Education/Educational Institutions: Admission to MBBS
course - National Eligibility cum Entrance Test (NEET) -Academic
year 2016-17 - Writ of mandamus or any other relief/or directing
respondents to conduct NEET for admission to MBBS course
throughout the country for academic session 2016-17 - Held:
Common Entrance Test i.e. NEET shall be held in pursuance of
Notification dated 21.12.2010 issued by Medical Council of India
and Dental Council of India - Notwithstanding any order passed
by any court earlier with regard to not holding NEET. this order
shall operate ~ Therefore, nofurther order is required to be passed
at this stage.
Christian Medical College, Vellore & Ors. v. Union of
India & Ors. 2013 (7) SCR 908 : (2014) (2) SCC 305
- referred to.
Case Law Reference
2013 (7) SCR 908
referred to
Para 8 ·
CIVIL ORIGINAL JURISDJCTION : Writ Petition (C) No. 261
of2016.
Amit Kumar, Avijit Mani Tripathi, Ms. Rekha Bakshi, Shaurya
Sahay, Advs. for the Petitioners.
Ms. Pinky Anand, ASG, Yikas Singh, Sr. Adv., Ajay Sharma, M.
P. Gupta, Ms. Rekha Pandey, R. S. Nagar, R. K. Rathore, (For D. S.
Mahra), Tara Chandra Sharma, Ms. Neelam Sharma, Rajeev Sharma,
Rupesh Kumar, Ajay Sharma, Prabal Bagchi, Gaurav Sharma, Dhawal
Mohan, Ms. Deepika Kalia, Prateek Bhatia, Ms. Vara Gaur, Ms.
Amandeep Kaur, Kapeesh Seth, Advs. for the Respondents.
547
A
B
c
D
E
F
G
H
548
SUPREME COURT REPORTS
[2016) 3 S.C.R.
A
The following Order of the Court was delivered
ORDER
1. The following prayer has been made in this petition:
"a) Issue a Writ of Mandamus or any other writ, order
B
or direciton 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) Jssue or pass any writ, direction or order, which
C
this Hon 'hie Court may deem fit and proper under the facts
and circumstances of the case."
D
E
F
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 3 admission to MBBS and BOS
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.
Listthe matter tomorrow, i.e., 28th April, 2016 at 12.00
G
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 ofNotifications dated
21st December, 2010 issued by the Medical Council of India and the
H
Dental Council oflndia ('DC!' for short).
SANKALP CHARITABLE TRUST AND ANR. v. UNION OF
549
INDlA AND ORS.
4. As per the said Notifications, a common entrance test, i.e.,
A
National Eligibility cum Entrance Test (NEET) shall be held.
5. It was further submitted, interalia, as follows:
"I. AIPMT 2016 to be held on I st May, 2016 shall
be phase l of NEET.
2. Phase II ofNEET for the left out candidates shall
B
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
C
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 4
measures like use of electronic and communication devices
D
Jammers etc. for timely and fair conduct of the NEET.
· 6. Any difficulty with regard to implementation ofExcerpt shown. Read the full judgment & AI analysis in Lexace.