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NEET UG 2017 is Going to be Cancel under the Article 14 of the Constitution

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7.  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.”
  8. 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.
  9. 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.
  10. 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.
  11. 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.

re neet 2017

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.

You can discuss this topic by commenting below.



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111 comments

  1. such a foolish complaint made by a parent must not be more than 11 lakh students wrote including me &u mis
    shakthi ur supporters may be those who have scored probably low marks but i remember u once again that u r playing with the lives of lakhs of students . i need to ask u 1 thing that why u didn’t register any complaint within a week after the exam now its hard for us to make anew rivision.
    i would like to tell cbse that if u cancel this neet then its sure that u r going to face a new crisis might be stronger than last years because i am a student so i knows what can be their reaction.we expect justice from u, cbse.

  2. Why u guys are playing with students life …….baar baar reneet karate ho ..while setting the question papers u should think it before ….

  3. I want to get justification by exam conducting authority, why u r depriving the future of lakhs of medical aspirants on baseless blaming or PLI or plea filing by few nonsense people for cancellations of exam. If there is no leakage proof of questions paper from any govt. Agency and authority have it’s own guarantee for its own full proof system, there is no need to interference of court. Please don’t deprived the children or don’t put them to go in depression. This is much harmful for meritorious students. They are breaking their hearts in awaiting of his/ her results with great excitement. Please release results on pre-schedule programme. Every year there are some problems, this not good for future assignments, it is just a political game now to put pressure on CBSE. This is immoral acts of regionalism and linguistics disharmony by creating such critical situation and against the national unity and integrity of our country. Here it is also essential to make it compulsory to conduct this exam in only bilingual either in English or Hindi only. If a person is aspiring for a medical or engineering education why they are not agree to pursue their higher studies in national or Indian official language as accepted by the nation constitutionally. This is totally against the national thought and national integrity. No national level exam should be in regional language. No provincial court should be involved in this kind of public plea. It might be a trick and cheating or conspiracy of anti national forces who are actively involved to disintegrate this country. Please avoid such kind of plea and act accordingly as the exam conducting authority. We are having full faith in system.

  4. Many exams are conducted with different sets of questions ex JIPMER.
    maybe BITSAT too.
    this is the norm internationally also..

    there is a process called ” Normalisation” which has to be employed to make the scores of all students comparable.

    Hope CBSE and the Courts will explore this option rather than reconduct the exam..

  5. All graduation exams will have a component of ” Viva” in which examiners question the students verbally, definitely, the questions aren’t same..the principle is to maintain the level of toughness similar..

    likewise, if the present NEET had different questions but toughness was similar, than there shouldnt be a problem, and if toughness was different, normalisation could be applied.

    if there can be different systems, like state boards, CBSE, ICSE, different colleges and different teachers, why cant there be different questions ?

  6. we request this issue should be solved in a “technical language” and not in a “legal language”

  7. Please dont play with our lives.you are demanding for re neet probably bcoz u have scored less marks.for that you are questioning the sanctity of our years of hardwork.different question put by cbse is not something accidental,they might have some genuine reason behind it.when our honourable MHRD minister has already told that there would be justice for all why these people are still going behind reneet.always remember conducting exam again you will not b able to prform better than the first.think logically…..

  8. the students who supporting the reneet are the guys who scoring bad in neet exam. They may thing that they will get good mark in reneet exam but remember hard worker always score good though exam will repet so reneet supporter have a pations. I think its true that ‘Bad work man blames with his toad’

  9. I think I should support reneet

  10. yes . i think re neet is a must .. i strongly ask the Mr.Narendra Modiji’s Government … what equality is this ??? Pls we want a RE NEET … DONT ANNOUNCE THE RESULTS. RE NEET IS MUST . STUDENTS FUTURE WILL BE SPOILED . PLS DONT DO THIS. RENEET IS MUST……

  11. Is this equality??????? I also agree support to reneet…….. plllllllzzzzzz dont announce the result reneet is must…. Our common students future will be spoil plzzzzz reneet must I request u…….

  12. plz don’t play with students life…take a proper decision

  13. DR. AMIT K.TRIPATHI

    In different Newspapers BOLD wordings is that NEET-2017 PAPER IS OUT from different places named out.And Paper is not same in Equal as their Translation meanwhile exam is same,exam time is same,purpose is same.This is not a clear cut presentation of partiality & Cheatting activity with our FUTURE PROFESSIONALS.Why CBSE close his Eyes & Ears into this matter & scandals,where is your Equalibrium and transparancy .We will not takehold a single seat to these Cheatters.CBSE organise Fresh NEET Exam again and save his diginity & Nationwide reputation with Lifelong debarred of Cheetters.

  14. Equality is main thing in india, therefore i support reneet

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