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Madras High Court: MHC has put hold on NEET-UG 2017 exam result due to the petition filed by the Ms. Shakti Malarkodi’s mother at Madras High Court. She has said that CBSE has breached constitution law Article No. 14 (students’ right to equality). The National Eligibility Entrance Test was held in 10 different language medium papers ie. Hindi, English, Telugu, Tamil, Kannada, Oriya, Bengali, Assamme, Punjabi, Gujarati. As per the Petitioner, the CBSE has not asked similar questions in all the paper medium. The NEET 2017 Bengali Paper was toughest in all NEET 2017 papers as per the West Bengal Govt.
On 24 May special bench of Hearing at Madra High Court has questions CBSE that, entrance exam are conducted to test skills using the same questions (difficulty levels). The petitioner has also said that English NEET 2017 question paper was asked from the Syllabus of CBE whereas Tamil, Gujarati, Bengali question paper was based on State Board. Which is again breaching Article No. 14.India in all major languages, including Tamil, English and Hindi, the question paper in English was based on the CBSE syllabus, whereas the one in Tamil was based on the state syllabus, said the complainant.
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Complete Order of Madras High Court
W.P(MD)NOs.9289 and 9606 of 2017 and W.M.P(MD)Nos.7064 and 7337 of 2017 M.V.MURALIDARAN.J.
- Heard learned counsel appearing for the Petitioners and the learned counsel representing Union of India and the learned counsel appearing for Medical Council of India and the Special Government Pleader representing the State Government.
- The Learned counsel appearing for the petitioners contended that as per the direction of the Hon’ble Supreme Court the 4th respondent is conducting NEET on behalf of the 3rd respondent. Even though the Hon’ble Supreme Court directed to conduct a uniform entrance examination to all medical educational institutions at the undergraduate level and post-graduate level through such designated authority in Hindi, English and such other languages, the 4th respondent did not conduct uniform examination but discriminated the petitioners and other similar candidates appeared in the examination as the question paper issued is not one and the same for all but it was prepared differently from language to language and as well as State to State and therefore, they contends that the NEET conducted on 07-05-2017 is not a uniform entrance examination and prayed for to cancel the NEET and consequentially prayed to conduct uniform common entrance.
- The counsel for the petitioner relying upon the question paper issued for NEET in Tamil and English and also exhibited the question, which were asked in Tamil and English and contended that the questions are not one and the same in Tamil and English. They further submitted that neither the ordinance nor the amended Act or the notification contains the clause that different types of question shall be asked for difference languages and as such the exam conducted to pick up the meritorious students for admission in the medical course is totally destroyed.
- The learned counsels appearing for the respondents contended that the examination is conducted as per the direction of Hon’ble Supreme Court by bringing an amendment to Section 10(D) through the Indian Medical Council (Amendment) Act, 2016. There is no prescription in the Act to ask same question in all languages and it is for the agency to decide the questions which shall not be questioned by way of filing the writ petition. However, there are no instructions as to why the questions which have been asked are differently and the reasons for that.
- This Court considered the issue and also the judgment of Hon’ble Supreme Court passed in respect of conducting NEET and the NEET is conducted as per the direction of Hon’ble Supreme Court, then and there by recalling the judgment passed in Christian Medical College Vellore and others -versus- Union of India and others reported in 2014 (2) SCC 305. Therefore there is no quarrel with regard to the conducting of NEET by bringing an amendment into the parent Act.
- The rationale behind the introduction of NEET would be a nationwide common examination to be held at different places in the country so that all students aspiring to have medical education, can appear in the examination and ultimately, on the basis of the result of the examination, suitability and eligibility of the students for admission to the medical profession can be determined. The Centralization of the selection process holding NEET would help the students to appear at the examination from any comer of the nation. There would not be any problem with regard to equalizing marks and merits of different students passing different examinations from different regions or States or universities or colleges. The process of selection would be equal, fair, just and transparent. All the students would be in a position to compete from a common level playing field and the test will have credibility in the eyes of the students and society.
- lt is useful to extract the Section 2 of Indian Medical Council (Amendment) Act, 2016, which reads as follows:- “2. After section 10(C) of the Indian Medical Council Act, 1956 (hereinafter referred to as the principal Act), the following section shall be inserted, namely:— “10D. There shall be conducted a uniform entrance examination to all medical educational institutions at the undergraduate level and post-graduate level through such designated authority in Hindi, English and such other languages and in such manner as may be prescribed and the designated authority shall ensure the conduct of uniform entrance examination in an aforesaid manner. Provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply, in relation to the uniform entrance examination at the undergraduate level for the academic year 2016-17 conducted in accordance with any regulations made under this Act, in respect of the State Government seats (whether in Government Medical College or in a private Medical College) where such State has not opted for such examination.”
- The Amended Act categorically and unambiguously directs that uniformed entrance exam shall be conducted in Hindi, English and other languages. As such the 4th respondent should act only in accordance with direction of Hon’ble Supreme Court and the Amended Act. But as it is seen from the question papers produced in the typed set of papers this Court could see that the questions, which were asked in both languages are not one and the same in the languages of Tamil and English. Thus it is apparent that the level playing field for the candidates is not equal and prima facie it goes without saying that there is discrimination.
- Even though some serious allegations raised regarding the preparation of question papers with easy question in some States and tough question in other States that cannot be decided at this stage. However, as stated supra the question papers issued in Tamil and English is not one and the same and as such it is not in accordance with the Amended Act. If any admission of student is made in pursuant to the NEET exam conducted on 07-05-2017 it would destroy the object of NEET discriminate the candidates and the order of the Hon’ble Supreme Court since the Hon’ble Supreme Court very categorically held that uniformed entrance exam shall be conduced in Hindi, English and other languages. Therefore this Court deems it proper that it is fit case for granting an order of interim injunction and decide the merits of the matter after filing of counter by the respondents. There is a prima facie case in favour of the writ petitioners.
- Hence there shall be an order of interim injunction restraining the respondents from proceeding further on the basis of NEET exam conducted on 07-05-2017 including the publishing of results of NEET till 12.06.17. Registry is directed to list the case on 12-06- 17.
- As the issue is concerned with the education, carrier of the students and the academic year will start if the matter is not decided at the earliest it will cause great prejudice to all concern. Therefore the respondents are directed to file counter without fail before 12-06- 17 by serving copy to the counsel for the petitioners in advance.
The petitioner has also said that English NEET 2017 question paper was asked from the Syllabus of CBE whereas Tamil, Gujarati, Bengali question paper was based on State Board. Which is again breaching Article No. 14.
Some coaching centers are saying that this year NEET-UG Exam can be canceled due to breaching Article No. 14 of Consitution.
Earlier in May 2017, InAllahabad High Court/ Madras High Court some student has filed plea and has asked CBSE to extend NEET UG exam date due to very less preparation time. But the Court rejected plea by saying that, CBSE has completed all the formality and it is not possible to cancel or extend the NEET Exam.
NEET 2017 EXAM CANCEL
There are more than 90% chances that Supreme Court can ask CBSE to re-conduct MBBS/ BDS Entrance exam due to “Inequality of questions asked in all paper mediums”.
After the Madras High Court decision, the CBSE can go to Supreme Court regarding uplift of the decision made by Madras High Court. But the Hon’ble Supreme Court can also ask similar questions that why “there is question difference, partiality” among the NEET Exam.
NEET 2017 EXAM RESULT DATE Postponed
As per the officials, the NEET 2017 exam result was about to announce on 8 June 2017. But now, MADRAS HIGH COURT has put hold on NEET 2017 exam results.
There are chances that NEET 2017 exam can be canceled.
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