SHIKHAR & ANR. versus NATIONAL BOARD OF EXAMINATION & ORS.

Citation: [2022] 6 S.C.R. 918 · Decided: 05-04-2022 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Dismissed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 6 S.C.R.
SHIKHAR & ANR.
v.
NATIONAL BOARD OF EXAMINATION & ORS.
(Writ Petition (C) No. 208 of 2022)
APRIL 05, 2022
[DR DHANANJAYA Y CHANDRACHUD,
SURYA KANT AND BELA M. TRIVEDI, JJ.]
Education/Educational Institutions: Admission – Eligibility
criteria – Formulation of eligibility standards for admission is within
the domain of executive and regulatory authorities.
Education/Educational Institutions: NEET-PG 2022 –
Admission – Writ petition instituted by doctors, aspirants of NEET-
PG 2022 challenging the deadline set for  completion of internship
for appearing for NEET-PG 2022 – Students claimed that the
commencement of internships was delayed due to Covid situation
and as a consequence they would not be able to fulfill the cut-off
date and therefore, sought extention of cut-off date to accommodate
them in NEET-PG 2022 – In the alternative, it was alleged that the
period spent on Covid duties should be allowed to be counted
towards the internship requirements – Held: The authorities have
provided cogent reasons as to why the deadline for completing the
internship cannot be extended – An extension of the cut-off any
further would result in the disruption of the educational schedule,
as indicated to the Court by the Additional Solicitor General –
Moreover, students who have qualified in terms of the cut-off of
31 July 2022 will be prejudiced by the inevitable postponement of
the schedule – Hence, no such directions can be passed – The
alternative prayer for inclusion of period of Covid duties in the
internship requirements would also involve this Court in micro-
managing the curriculum for the completion of medical courses –
This is a function which should not be assumed by the Court –
Hence, though hardship has been caused to those students whose
internship commenced much later, it would not be possible, at this
stage, to disturb the schedule as it would affect the other students
who fulfill the cut-off date of 31 July 2022 – Petition under Art.32
[2022] 6 S.C.R. 918
918
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919
of the Constitution cannot be entertained – Constitution of India –
Art.32.
Dismissing the writ petition, the Court
HELD: 1.1 While the present cut-off date for the completion
of the internship would put certain students at a disadvantage, it
is the domain of the executive and regulatory authorities to
formulate appropriate eligibility standards for admission.
Whenever a cut-off is extended, some students are likely to fall
on the other side of the dividing line. [Paras 9, 12][923-A; 925-
E]
Shivam Satyarthee v. Union of India Writ Petition (C)
No. 68 of 2022; Indian Institute of Technology
Kharagpur & Ors. v. Soutrik Sarangi (2021) SCC
OnLine SC 826; All India Council for Technical
Education v. Surinder Kumar Dhawan (2009) 11 SCC
726 : [2009] 3 SCR 859; Rachna v. Union of India &
Ors. (2021) 5 SCC 638; State of Bihar v. Ramjee Prasad
(1990) 3 SCC 368 : [1990] 2 SCR 468; Hirandra
Kumar v. High Court of Judicature at Allahabad & Anr.
(2020) 17 SCC 401 : [2019] 2 SCR 608 – relied on.
1.2 In the present case, cogent reasons have been provided
as to why the deadline for completing the internship cannot be
extended. An extension of the cut-off any further would result in
the disruption of the educational schedule, as indicated to the
Court by the Additional Solicitor General. Moreover, students
who have qualified in terms of the cut-off of 31 July 2022 will be
prejudiced by the inevitable postponement of the schedule. Hence,
it would not be appropriate for this Court to issue any such
direction. The alternative prayer for the inclusion of the period
of Covid duties in the internship requirements would also involve
this Court in micro-managing the curriculum for the completion
of medical courses. This is a function which should not be assumed
by the Court. Hence, though hardship has been caused to those
students whose internship commenced much later, it would not
be possible, at this stage, to disturb the schedule as it would
affect the other students who fulfill the cut-off date of 31 July
2022. [Para 14][927-E-H]
SHIKHAR & ANR. v. NATIONAL BOARD OF EXAMINATION
& ORS.
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SUPREME COURT REPORTS
[2022] 6 S.C.R.
Poulami Mondal & Ors. v. All India Institute of Medical
Sciences & Ors. 2022 (6) SCALE 70 – distinguished.
2. Crucially, the case dealt with conducting of an
examination during a pandemic where strict lockdowns were in
place. It did not relate to fixing of a cut-off da

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