Supreme Court of India
SANKALP CHARITABLE TRUST AND ANR.versusUNION OF INDJA AND ORS.
- Citation
- 2016 INSC 350
- Decided
- 28 April 2016
Holding
NEET shall be held for MBBS admissions 2016-17 as per the MCI and DCI notifications, and the earlier judgment restraining it is no longer operative.
Summary
The petitioners sought a writ of mandamus directing the Union and other respondents to conduct the National Eligibility cum Entrance Test (NEET) for admission to MBBS courses for the 2016-17 academic year. The respondents submitted that NEET would be held in accordance with the Medical Council of India and Dental Council of India notifications dated 21 December 2010, and that the earlier Supreme Court judgment in Christian Medical College v. Union of India, which had questioned the conduct of NEET, had been recalled on 11 April 2016. The Court examined whether the recalled judgment still barred the examination and held that the notifications remained operative, ordering that NEET be conducted as proposed. It clarified that the order does not affect any other pending matters before the Court. Consequently, no further order was required and the petition was effectively disposed.
Issues considered
- Whether the National Eligibility cum Entrance Test (NEET) must be conducted for MBBS admissions in 2016-17 despite earlier court orders.
- Whether the Supreme Court judgment in Christian Medical College v. Union of India, which had restrained NEET, remains binding after its recall.
- Whether the notifications issued by the Medical Council of India and Dental Council of India on 21 December 2010 are valid and enforceable.
Subjects
NEETMBBS admissionmandamusMedical Council of IndiaDental Council of Indiacommon entrance testhigher educationjudicial reviewSupreme Court
Judgment
[2016] 3 S.C.R. 547
SANKALP CHARITABLE TRUST AND ANR. A
'v.
UNION OF INDJA AND ORS.
(Writ Petition (C) No. 261 of2016)
B
APRIL 28; 2016
[ANIL R. DAVE, SHIVA KIRTI SINGH AND ADARSH
KUMAR GOEL, JJ.]
Education/Educational Institutions: Admission to MBBS
course - National Eligibility cum Entrance Test (NEET) -Academic c
year 2016-17 - Writ of mandamus or any other relief/or directing
respondents to conduct NEET for admission to MBBS course
throughout the country for academic session 2016-17 - Held:
Common Entrance Test i.e. NEET shall be held in pursuance of
Notification dated 21.12.2010 issued by Medical Council of India D
and Dental Council of India - Notwithstanding any order passed
by any court earlier with regard to not holding NEET. this order
shall operate ~ Therefore, nofurther order is required to be passed
at this stage.
Christian Medical College, Vellore & Ors. v. Union of E
India & Ors. 2013 (7) SCR 908 : (2014) (2) SCC 305
- referred to.
Case Law Reference
2013 (7) SCR 908 referred to Para 8 ·
F
CIVIL ORIGINAL JURISDJCTION : Writ Petition (C) No. 261
of2016.
Amit Kumar, Avijit Mani Tripathi, Ms. Rekha Bakshi, Shaurya
Sahay, Advs. for the Petitioners.
Ms. Pinky Anand, ASG, Yikas Singh, Sr. Adv., Ajay Sharma, M.
G
P. Gupta, Ms. Rekha Pandey, R. S. Nagar, R. K. Rathore, (For D. S.
Mahra), Tara Chandra Sharma, Ms. Neelam Sharma, Rajeev Sharma,
Rupesh Kumar, Ajay Sharma, Prabal Bagchi, Gaurav Sharma, Dhawal
Mohan, Ms. Deepika Kalia, Prateek Bhatia, Ms. Vara Gaur, Ms.
Amandeep Kaur, Kapeesh Seth, Advs. for the Respondents. H
547
548 SUPREME COURT REPORTS [2016) 3 S.C.R.
A The following Order of the Court was delivered
ORDER
1. The following prayer has been made in this petition:
"a) Issue a Writ of Mandamus or any other writ, order
B 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) Jssue or pass any writ, direction or order, which
C this Hon 'hie Court may deem fit and proper under the facts
and circumstances of the case."
2. When the matter was heard on 27th April, 2016, the following
order was passed by this Court :
"Taken on board.
D
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
E assured this Court that they are ready and willing to hold
NEET examination for 3 admission to MBBS and BOS
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
F
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.
Listthe matter tomorrow, i.e., 28th April, 2016 at 12.00
G p.m."
3. 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 ofNotifications dated
21st December, 2010 issued by the Medical Council of India and the
H Dental Council oflndia ('DC!' for short).
SANKALP CHARITABLE TRUST AND ANR. v. UNION OF 549
INDlA AND ORS.
4. As per the said Notifications, a common entrance test, i.e., A
National Eligibility cum Entrance Test (NEET) shall be held.
5. It was further submitted, interalia, as follows:
"I. AIPMT 2016 to be held on I st May, 2016 shall
be phase l of NEET.
2. Phase II ofNEET for the left out candidates shall B
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 C
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 4
measures like use of electronic and communication devices D
Jammers etc. for timely and fair conduct of the NEET.
· 6. Any difficulty with regard to implementation of
orders of this Com1 the stake holders may approach this
Hon'ble Court."
6. The learned counsel have also given the details with regard to E
the time when the result would be declared and counselling would take
place.
7. In view ofthe 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 F
with regard to not holding NEET, this order shall operate. Therefore, no
further order is required to be passed at this stage.
8. 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 G
College, Vellore & Ors. Vs. Union oflndia & Ors., reported in (2014) 2
SCC 305, it would not be proper to hold NEET and this order should not
affect pending matters.
9. We do not agree with the first submission for the reason that
the said judgment has already been recalled on 11th April, 2016 and H
550 SUPREME COURT REPORTS [2016] 3 S.C.R.
A therefore, the Notifications dated 21st December, 201 0 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.
B
Devika Gujral Writ petition pending.
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