SANKALP CHARITABLE TRUST AND ANR V. UNION OF INDIA AND ORS.

                                                                  REPORTABLE

                 IN THE SUPREME COURT OF INDIA
                  CIVIL ORIGINAL JURISDICTION


                 WRIT PETITION (C) NO.261 OF 2016


      SANKALP CHARITABLE TRUST AND ANR.      ... PETITIONER(S)

                                 VS.

      UNION OF INDIA AND ORS.                ... RESPONDENT(S)



                        O R D E R



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.”

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.”

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

The learned counsel have also given the details  with  regard  to  the  time
when the result would be declared and counselling would take place.
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.
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, it would not be proper  to  hold
NEET and this order should not affect pending matters.
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.

It may however be clarified that by this  order  hearing  of  the  petitions
which are pending before this Court will not be affected.
The petition be now listed in due course.


                                                              ............J.
                                                              [ANIL R. DAVE]


                                                         .................J.
                                                         [SHIVA KIRTI SINGH]


                                                         .................J.
                                                         [ADARSH KUMAR GOEL]
New Delhi;
28th April, 2016.