ITEM NO.301 COURT NO.2 SECTION PIL(W)
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (C) No(s).261/2016
SANKALP CHARITABLE TRUST AND ANR. Petitioner(s)
VERSUS
UNION OF INDIA AND ORS. Respondent(s)
Date : 28/04/2016 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ANIL R. DAVE
HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
For Petitioner(s) Mr. Amit Kumar,Adv.
Mr. Avijit Mani Tripathi,Adv.
Ms. Rekha Bakshi,Adv.
Mr. shaurya Sahay,Adv.
For Respondent(s) Ms. Pinky Anand,ASG
UOI Mr. Ajay Sharma,Adv.
Mr. M.P. Gupta,Adv.
Ms. Rekha Pandey,Adv.
Mr. R.S. Nagar,Adv.
Mr. R.K. Rathore,Adv.
For Mr. D.S. Mahra,Adv.
CBSE Ms. Pinky Anand,ASG
Mr. Tara Chandra Sharma,Adv.
Ms. Neelam Sharma,Adv.
Mr. Rajeev Sharma,Adv.
Mr. Rupesh Kumar,Adv.
Mr. Ajay Sharma,Adv.
Mr. Prabal Bagchi,Adv.
Mr. Vikas Singh,Sr.Adv.
Mr. Gaurav Sharma,Adv.
Mr. Dhawal Mohan,Adv.
Ms. Deepika Kalia,Adv.
Mr. Prateek Bhatia,Adv.
Ms. Vara Gaur,Adv.
Ms. Amandeep Kaur,Adv.
Mr. Kapeesh Seth,Adv.
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UPON hearing the counsel the Court made the following
O R D E R
Heard the learned counsel.
Order reserved.
(Sarita Purohit) (Sneh Bala Mehra)
Court Master Assistant Registrar
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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 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) 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
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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
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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.
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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.
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ITEM NO.301 (By notice) COURT NO.2 SECTION PIL(W)
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (C) No(s).261/2016
SANKALP CHARITABLE TRUST AND ANR. Petitioner(s)
VERSUS
UNION OF INDIA AND ORS. Respondent(s)
Date : 28/04/2016 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ANIL R. DAVE
HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
For Petitioner(s) Mr. Amit Kumar,Adv.
Mr. Avijit Mani Tripathi,Adv.
Ms. Rekha Bakshi,Adv.
Mr. shaurya Sahay,Adv.
For Respondent(s) Ms. Pinky Anand,ASG
UOI Mr. Ajay Sharma,Adv.
Mr. M.P. Gupta,Adv.
Ms. Rekha Pandey,Adv.
Mr. R.S. Nagar,Adv.
Mr. R.K. Rathore,Adv.
For Mr. D.S. Mahra,Adv.
CBSE Ms. Pinky Anand,ASG
Mr. Tara Chandra Sharma,Adv.
Ms. Neelam Sharma,Adv.
Mr. Rajeev Sharma,Adv.
Mr. Rupesh Kumar,Adv.
Mr. Ajay Sharma,Adv.
Mr. Prabal Bagchi,Adv.
Mr. Vikas Singh,Sr.Adv.
Mr. Gaurav Sharma,Adv.
Mr. Dhawal Mohan,Adv.
Ms. Deepika Kalia,Adv.
Mr. Prateek Bhatia,Adv.
Ms. Vara Gaur,Adv.
Ms. Amandeep Kaur,Adv.
Mr. Kapeesh Seth,Adv.
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UPON hearing the counsel the Court made the following
O R D E R
Schedule given by the leaned Additional Solicitor
General appearing on behalf of the CBSE is taken on
record.
Certain directions have been passed in view of the
reportable order and the petition be listed in due
course.
(Sarita Purohit) (Sneh Bala Mehra)
Court Master Assistant Registrar
(Signed reportable order is placed on the file)
*Schedule afore-mentioned is attached with R/P.
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