Tags Education

Supreme Court of India (Full Bench (FB)- Three Judge)

Transfer Case (Civil), 7 of 2013, Judgment Date: May 09, 2016

 CORRECTED                                                    REPORTABLE
                    IN THE SUPREME COURT OF INDIA
                    CIVIL ORIGINAL JURISDICTION

                       INTERLOCUTORY APPLICATION NO.2
                              (For directions)
                                     IN
                      TRANSFER CASE (C) NO(S).7 OF 2013

    ASSOCIATION OF MANAGEMENTS OF UNAIDED
    PVT. MEDICAL & DENTAL COLLEGE & ANR.   ...   PETITIONER(S)

                                VERSUS

    UNION OF INDIA & ORS.                  ...   RESPONDENT(S)
                                      &
                       INTERLOCUTORY APPLICATION NO.3
                              (For directions)
                                     IN
                     TRANSFER CASE (C) NO(S).58 OF 2013

    P.A. INAMDAR & ORS.                    ...   PETITIONER(S)

                                VERSUS

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

                                      &
                      INTERLOCUTORY APPLICATION NOS.4-6
                              (For directions)
                                     IN
                   TRANSFER CASE (C) NO(S).132-134 OF 2012

    KARNATAKA PVT. MEDICAL DENTAL COLLEGE
    & ANR.                                 ...   PETITIONER(S)

                                VERSUS

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

                                      &
                       INTERLOCUTORY APPLICATION NO.10
                              (For impladment)
                                     IN
                     TRANSFER CASE (C) NO(S).98 OF 2012

    CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. ...  PETITIONER(S)

                                VERSUS

    UNION OF INDIA & ORS.                    ... RESPONDENT(S)
                                      &
                       INTERLOCUTORY APPLICATION NO.2
                                 (For stay)
                                     IN
                     TRANSFER CASE (C) NO(S).99 OF 2012

    CHRISTIAN MEDICAL COLLEGE VELLORE ASSO. ...  PETITIONER(S)

                                VERSUS

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

                                      &
                      WRIT PETITION (C) NO.275 OF 2016

    SWAMI RAMA HIMALAYAN UNIVERSITY           ... PETITIONER(S)

                                VERSUS

    UNION OF INDIA &  ANR.                    ... RESPONDENT(S)

                                      &
                       INTERLOCUTORY APPLICATION NO.1
                                 (For stay)
                                     IN
                     TRANSFER CASE (C) NO(S).11 OF 2013

    DATTA MEGHE INSTITUTE OF MEDICAL
    SCIENCES & ORS.                            ... PETITIONER(S)

                                VERSUS

    THE UNION OF INDIA & ORS.                 ...  RESPONDENT(S)

                                      &
                    INTERLOCUTORY APPLICATION NOS.2 TO 30
               (For impleadment, modification of Court's order
                        intervention and directions)
                                     IN
                    WRIT PETITION (C) NO.261 OF 2016

SANKALP CHARITABLE TRUST & ANR.                              ….PETITIONER(S)

                            Vs.

UNION OF INDIA & ORS.                                        ….RESPONDENT(S)

                                      &
                      WRIT PETITION (C) NO.292 OF 2016


KOMAL TAPASVI THROUGH HER GUARDIAN & ORS.                  ... PETITIONER(S)

                                VERSUS

 MEDICAL COUNCIL OF INDIA &  ANR.                         ...  RESPONDENT(S)
                                      &
                      WRIT PETITION (C) NO.293 OF 2016

MIHIR ABHIJIT PATHAK & ORS. THROUGH
HIS GUARDIAN                                               ... PETITIONER(S)

                                VERSUS

 MEDICAL COUNCIL OF INDIA &  ANR.                         ...  RESPONDENT(S)

                   O R D E R

            These applications  have  been  filed  by  the  private  medical
colleges and also by some of the States seeking modification of order  dated
28th April, 2016 in W.P.(C)No.261 of 2016.
The Medical Council of India (MCI) and the Dental  Council  of  India  (DCI)
issued notifications  dated  21st  December,  2010,  amending  the  existing
statutory regulations to provide  for  a  single  National  Eligibility-cum-
Entrance Test (NEET) for admission to the MBBS/BDS course.
The said notifications  were  struck  down  in  Christian  Medical  College,
Vellore Vs. Union of India, 2014 (2) SCC 305.

The said judgment stands recalled vide  order  dated  11th  April,  2016  in
Review Petition (C) Nos.2159-2268 of 2013.
On 28th April, 2016, in W.P.(C)No.261/2016  a  statement  was  made  by  the
learned counsel for MCI, CBSE and Union of India that for the academic  year
2016-17, NEET would be held.
We have heard the learned counsel for the parties.
In recent Constitution Bench judgment dated 2nd May, 2016, in Modern  Dental
College & Ors. Vs. State of M.P. & Ors. in  Civil  Appeal  No.4060  of  2009
etc., the stand of the private medical colleges (including minorities)  that
conducting of entrance test by the State violated right of autonomy  of  the
said colleges, has been rejected.  The State law  providing  for  conducting
of entrance test was upheld, rejecting the contention that the State had  no
legislative competence on the subject.  At the same time, it was  held  that
the admission involved two aspects.  First, the adoption of  setting  up  of
minimum standards of education and  coordination  of  such  standards  which
aspect was covered exclusively by Entry 66 of List I.  The second aspect  is
with regard to implementation of the said standards  which  was  covered  by
Entry 25 of List III.  On the said aspect, the State could  also  legislate.
The two entries overlap to some extent and to that extent Entry 66  of  List
I prevailed over the subject covered by Entry 25.
Prima facie, we do not find any infirmity in  the  NEET  regulation  on  the
ground  that  it  affects  the  rights  of  the  States   or   the   private
institutions.  Special provisions for reservation of any  category  are  not
subject matter of the  NEET  nor  rights  of  minority  are  in  any  manner
affected by NEET.  NEET only  provides  for  conducting  entrance  test  for
eligibility for admission to the MBBS/BDS course.
       We  thus,  do  not  find  any  merit  in  the  applications   seeking
modification of order dated 28th April, 2016.
Only other contention relates to perceived  hardship  to  the  students  who
have either applied for NEET-I but could not  appear  or  who  appeared  but
could not prepare fully thinking that the preparation was  to  be  only  for
15% All India seats and there will  be  further  opportunity  to  appear  in
other examinations.  To allay any such  apprehension,  we  direct  that  all
such eligible candidates who could not appear in NEET-I and  those  who  had
appeared  but  have  apprehension  that  they  had  not  prepared  well,  be
permitted to appear in NEET-II, subject to seeking an option from  the  said
candidates to give up their candidature for NEET-I.  It  would  be  open  to
the respondents to reschedule the date of holding NEET-II, if necessary.  To
this extent the earlier orders stand modified.
We may also add here that to ensure total credibility of the examination  to
be held by the CBSE, the Oversight Committee appointed by  this  Court  vide
the aforesaid judgment dated 2nd May, 2016 shall also  oversee  the  NEET-II
examination to be conducted by the CBSE.
In view of the above, it is also  clarified  that  only  NEET  would  enable
students to get admission to MBBS or BDS studies.
            In view of the  above  order,  all  the  applications  and  writ
petitions seeking modification of order passed on 11th  April,  2016,  stand
disposed of.

W.P.(C)261/2016 :
In view of the above order, W.P.(C)No.261/2016 also  does  not  survive  and
that is also disposed of.

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



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



                                                         .................J.
                                                         [ADARSH KUMAR GOEL]
New Delhi;
9th May, 2016.

                                                                  REPORTABLE
                    IN THE SUPREME COURT OF INDIA
                    CIVIL ORIGINAL JURISDICTION

                       INTERLOCUTORY APPLICATION NO.2
                              (For directions)
                                     IN
                      TRANSFER CASE (C) NO(S).7 OF 2013

    MEDICAL & DENTAL COLLEGE & ANR.        ...   PETITIONER(S)

                                VERSUS

    UNION OF INDIA & ORS.                  ...   RESPONDENT(S)
                                      &
                       INTERLOCUTORY APPLICATION NO.3
                              (For directions)
                                     IN
                     TRANSFER CASE (C) NO(S).58 OF 2013

    P.A. INAMDAR & ORS.                    ...   PETITIONER(S)

                                VERSUS

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

                                      &
                      INTERLOCUTORY APPLICATION NOS.4-6
                              (For directions)
                                     IN
                   TRANSFER CASE (C) NO(S).131-134 OF 2012

    KARNATAKA PVT. MEDICAL DENTAL COLLEGE
    & ANR.                                 ...   PETITIONER(S)

                                VERSUS

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

                                      &
                       INTERLOCUTORY APPLICATION NO.10
                              (For impladment)
                                     IN
                     TRANSFER CASE (C) NO(S).98 OF 2012

    CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. ...  PETITIONER(S)

                                VERSUS

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

                                      &
                       INTERLOCUTORY APPLICATION NO.2
                                 (For stay)
                                     IN
                     TRANSFER CASE (C) NO(S).99 OF 2012

    CHRISTIAN MEDICAL COLLEGE VELLORE ASSO. ...  PETITIONER(S)

                                VERSUS

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

                                      &
                      WRIT PETITION (C) NO.275 OF 2016

    SWAMY RAMA HIMALAYAN UNIVERSITY           ... PETITIONER(S)

                                VERSUS

    UNION OF INDIA &  ANR.                    ... RESPONDENT(S)

                                      &
                       INTERLOCUTORY APPLICATION NO.1
                                 (For stay)
                                     IN
                     TRANSFER CASE (C) NO(S).11 OF 2013

    DATTA MEGHE INSTITUTE OF MEDICAL
    SCIENCES & ORS.                            ... PETITIONER(S)

                                VERSUS

    THE UNION OF INDIA & ORS.                 ...  RESPONDENT(S)

                                      &
                    INTERLOCUTORY APPLICATION NOS.2 TO 30
               (For impleadment, modification of Court's order
                        intervention and directions)
                                     IN
        WRIT PETITION (C) NO.261 OF 2016
SANKALP CHARITABLE TRUST & ANR.   ….PETITIONER(S)
                            Vs.
UNION OF INDIA & ORS.             ….RESPONDENT(S)
                                      &
                      WRIT PETITION (C) NO.292 OF 2016

      KAMAL TAPASVI THROUGH HER GUARDIAN & ORS. ... PETITIONER(S)

                                VERSUS

 UNION OF INDIA & ORS.                     ...  RESPONDENT(S)
                                      &
                      WRIT PETITION (C) NO.293 OF 2016

     MIHIR ABHIJIT PATHAK & ORS. THROUGH
     HIS GUARDIAN                              ... PETITIONER(S)

                                VERSUS

MEDICAL COUNCIL OF INDIA &  ANR.           ...  RESPONDENT(S)

                   O R D E R
 CORRECTED                                                    REPORTABLE
                    IN THE SUPREME COURT OF INDIA
                    CIVIL ORIGINAL JURISDICTION

                       INTERLOCUTORY APPLICATION NO.2
                              (For directions)
                                     IN
                      TRANSFER CASE (C) NO(S).7 OF 2013

    ASSOCIATION OF MANAGEMENTS OF UNAIDED
    PVT. MEDICAL & DENTAL COLLEGE & ANR.   ...   PETITIONER(S)

                                VERSUS

    UNION OF INDIA & ORS.                  ...   RESPONDENT(S)
                                      &
                       INTERLOCUTORY APPLICATION NO.3
                              (For directions)
                                     IN
                     TRANSFER CASE (C) NO(S).58 OF 2013

    P.A. INAMDAR & ORS.                    ...   PETITIONER(S)

                                VERSUS

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

                                      &
                      INTERLOCUTORY APPLICATION NOS.4-6
                              (For directions)
                                     IN
                   TRANSFER CASE (C) NO(S).132-134 OF 2012

    KARNATAKA PVT. MEDICAL DENTAL COLLEGE
    & ANR.                                 ...   PETITIONER(S)

                                VERSUS

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

                                      &
                       INTERLOCUTORY APPLICATION NO.10
                              (For impladment)
                                     IN
                     TRANSFER CASE (C) NO(S).98 OF 2012

    CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. ...  PETITIONER(S)

                                VERSUS

    UNION OF INDIA & ORS.                    ... RESPONDENT(S)
                                      &
                       INTERLOCUTORY APPLICATION NO.2
                                 (For stay)
                                     IN
                     TRANSFER CASE (C) NO(S).99 OF 2012

    CHRISTIAN MEDICAL COLLEGE VELLORE ASSO. ...  PETITIONER(S)

                                VERSUS

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

                                      &
                      WRIT PETITION (C) NO.275 OF 2016

    SWAMI RAMA HIMALAYAN UNIVERSITY           ... PETITIONER(S)

                                VERSUS

    UNION OF INDIA &  ANR.                    ... RESPONDENT(S)

                                      &
                       INTERLOCUTORY APPLICATION NO.1
                                 (For stay)
                                     IN
                     TRANSFER CASE (C) NO(S).11 OF 2013

    DATTA MEGHE INSTITUTE OF MEDICAL
    SCIENCES & ORS.                            ... PETITIONER(S)

                                VERSUS

    THE UNION OF INDIA & ORS.                 ...  RESPONDENT(S)

                                      &
                    INTERLOCUTORY APPLICATION NOS.2 TO 30
               (For impleadment, modification of Court's order
                        intervention and directions)
                                     IN
                    WRIT PETITION (C) NO.261 OF 2016

SANKALP CHARITABLE TRUST & ANR.                              ….PETITIONER(S)

                            Vs.

UNION OF INDIA & ORS.                                        ….RESPONDENT(S)

                                      &
                      WRIT PETITION (C) NO.292 OF 2016


KOMAL TAPASVI THROUGH HER GUARDIAN & ORS.                  ... PETITIONER(S)

                                VERSUS

 MEDICAL COUNCIL OF INDIA &  ANR.                         ...  RESPONDENT(S)
                                      &
                      WRIT PETITION (C) NO.293 OF 2016

MIHIR ABHIJIT PATHAK & ORS. THROUGH
HIS GUARDIAN                                               ... PETITIONER(S)

                                VERSUS

 MEDICAL COUNCIL OF INDIA &  ANR.                         ...  RESPONDENT(S)

                   O R D E R

            These applications  have  been  filed  by  the  private  medical
colleges and also by some of the States seeking modification of order  dated
28th April, 2016 in W.P.(C)No.261 of 2016.
The Medical Council of India (MCI) and the Dental  Council  of  India  (DCI)
issued notifications  dated  21st  December,  2010,  amending  the  existing
statutory regulations to provide  for  a  single  National  Eligibility-cum-
Entrance Test (NEET) for admission to the MBBS/BDS course.
The said notifications  were  struck  down  in  Christian  Medical  College,
Vellore Vs. Union of India, 2014 (2) SCC 305.

The said judgment stands recalled vide  order  dated  11th  April,  2016  in
Review Petition (C) Nos.2159-2268 of 2013.
On 28th April, 2016, in W.P.(C)No.261/2016  a  statement  was  made  by  the
learned counsel for MCI, CBSE and Union of India that for the academic  year
2016-17, NEET would be held.
We have heard the learned counsel for the parties.
In recent Constitution Bench judgment dated 2nd May, 2016, in Modern  Dental
College & Ors. Vs. State of M.P. & Ors. in  Civil  Appeal  No.4060  of  2009
etc., the stand of the private medical colleges (including minorities)  that
conducting of entrance test by the State violated right of autonomy  of  the
said colleges, has been rejected.  The State law  providing  for  conducting
of entrance test was upheld, rejecting the contention that the State had  no
legislative competence on the subject.  At the same time, it was  held  that
the admission involved two aspects.  First, the adoption of  setting  up  of
minimum standards of education and  coordination  of  such  standards  which
aspect was covered exclusively by Entry 66 of List I.  The second aspect  is
with regard to implementation of the said standards  which  was  covered  by
Entry 25 of List III.  On the said aspect, the State could  also  legislate.
The two entries overlap to some extent and to that extent Entry 66  of  List
I prevailed over the subject covered by Entry 25.
Prima facie, we do not find any infirmity in  the  NEET  regulation  on  the
ground  that  it  affects  the  rights  of  the  States   or   the   private
institutions.  Special provisions for reservation of any  category  are  not
subject matter of the  NEET  nor  rights  of  minority  are  in  any  manner
affected by NEET.  NEET only  provides  for  conducting  entrance  test  for
eligibility for admission to the MBBS/BDS course.
       We  thus,  do  not  find  any  merit  in  the  applications   seeking
modification of order dated 28th April, 2016.
Only other contention relates to perceived  hardship  to  the  students  who
have either applied for NEET-I but could not  appear  or  who  appeared  but
could not prepare fully thinking that the preparation was  to  be  only  for
15% All India seats and there will  be  further  opportunity  to  appear  in
other examinations.  To allay any such  apprehension,  we  direct  that  all
such eligible candidates who could not appear in NEET-I and  those  who  had
appeared  but  have  apprehension  that  they  had  not  prepared  well,  be
permitted to appear in NEET-II, subject to seeking an option from  the  said
candidates to give up their candidature for NEET-I.  It  would  be  open  to
the respondents to reschedule the date of holding NEET-II, if necessary.  To
this extent the earlier orders stand modified.
We may also add here that to ensure total credibility of the examination  to
be held by the CBSE, the Oversight Committee appointed by  this  Court  vide
the aforesaid judgment dated 2nd May, 2016 shall also  oversee  the  NEET-II
examination to be conducted by the CBSE.
In view of the above, it is also  clarified  that  only  NEET  would  enable
students to get admission to MBBS or BDS studies.
            In view of the  above  order,  all  the  applications  and  writ
petitions seeking modification of order passed on 11th  April,  2016,  stand
disposed of.

W.P.(C)261/2016 :
In view of the above order, W.P.(C)No.261/2016 also  does  not  survive  and
that is also disposed of.

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



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



                                                         .................J.
                                                         [ADARSH KUMAR GOEL]
New Delhi;
9th May, 2016.

                                                                  REPORTABLE
                    IN THE SUPREME COURT OF INDIA
                    CIVIL ORIGINAL JURISDICTION

                       INTERLOCUTORY APPLICATION NO.2
                              (For directions)
                                     IN
                      TRANSFER CASE (C) NO(S).7 OF 2013

    MEDICAL & DENTAL COLLEGE & ANR.        ...   PETITIONER(S)

                                VERSUS

    UNION OF INDIA & ORS.                  ...   RESPONDENT(S)
                                      &
                       INTERLOCUTORY APPLICATION NO.3
                              (For directions)
                                     IN
                     TRANSFER CASE (C) NO(S).58 OF 2013

    P.A. INAMDAR & ORS.                    ...   PETITIONER(S)

                                VERSUS

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

                                      &
                      INTERLOCUTORY APPLICATION NOS.4-6
                              (For directions)
                                     IN
                   TRANSFER CASE (C) NO(S).131-134 OF 2012

    KARNATAKA PVT. MEDICAL DENTAL COLLEGE
    & ANR.                                 ...   PETITIONER(S)

                                VERSUS

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

                                      &
                       INTERLOCUTORY APPLICATION NO.10
                              (For impladment)
                                     IN
                     TRANSFER CASE (C) NO(S).98 OF 2012

    CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. ...  PETITIONER(S)

                                VERSUS

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

                                      &
                       INTERLOCUTORY APPLICATION NO.2
                                 (For stay)
                                     IN
                     TRANSFER CASE (C) NO(S).99 OF 2012

    CHRISTIAN MEDICAL COLLEGE VELLORE ASSO. ...  PETITIONER(S)

                                VERSUS

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

                                      &
                      WRIT PETITION (C) NO.275 OF 2016

    SWAMY RAMA HIMALAYAN UNIVERSITY           ... PETITIONER(S)

                                VERSUS

    UNION OF INDIA &  ANR.                    ... RESPONDENT(S)

                                      &
                       INTERLOCUTORY APPLICATION NO.1
                                 (For stay)
                                     IN
                     TRANSFER CASE (C) NO(S).11 OF 2013

    DATTA MEGHE INSTITUTE OF MEDICAL
    SCIENCES & ORS.                            ... PETITIONER(S)

                                VERSUS

    THE UNION OF INDIA & ORS.                 ...  RESPONDENT(S)

                                      &
                    INTERLOCUTORY APPLICATION NOS.2 TO 30
               (For impleadment, modification of Court's order
                        intervention and directions)
                                     IN
        WRIT PETITION (C) NO.261 OF 2016
SANKALP CHARITABLE TRUST & ANR.   ….PETITIONER(S)
                            Vs.
UNION OF INDIA & ORS.             ….RESPONDENT(S)
                                      &
                      WRIT PETITION (C) NO.292 OF 2016

      KAMAL TAPASVI THROUGH HER GUARDIAN & ORS. ... PETITIONER(S)

                                VERSUS

 UNION OF INDIA & ORS.                     ...  RESPONDENT(S)
                                      &
                      WRIT PETITION (C) NO.293 OF 2016

     MIHIR ABHIJIT PATHAK & ORS. THROUGH
     HIS GUARDIAN                              ... PETITIONER(S)

                                VERSUS

MEDICAL COUNCIL OF INDIA &  ANR.           ...  RESPONDENT(S)

                   O R D E R

            These applications  have  been  filed  by  the  private  medical
colleges and also by some of the States seeking modification of order  dated
28th April, 2016 in W.P.(C)No.261 of 2016.
The Medical Council of India (MCI) and the Dental  Council  of  India  (DCI)
issued notifications  dated  21st  December,  2010,  amending  the  existing
statutory regulations to provide  for  a  single  National  Eligibility-cum-
Entrance Test (NEET) for admission to the MBBS/BDS course.
The said notifications  were  struck  down  in  Christian  Medical  College,
Vellore Vs. Union of India, 2014 (2) SCC 305.

The said judgment stands recalled vide  order  dated  11th  April,  2016  in
Review Petition (C) Nos.2159-2268 of 2013.
On 28th April, 2016, in W.P.(C)No.261/2016  a  statement  was  made  by  the
learned counsel for MCI, CBSE and Union of India that for the academic  year
2016-17, NEET would be held.
We have heard the learned counsel for the parties.
In recent Constitution Bench judgment dated 2nd May, 2016, in Modern  Dental
College & Ors. Vs. State of M.P. & Ors. in  Civil  Appeal  No.4060  of  2009
etc., the stand of the private medical colleges (including minorities)  that
conducting of entrance test by the State violated right of autonomy  of  the
said colleges, has been rejected.  The State law  providing  for  conducting
of entrance test was upheld, rejecting the contention that the State had  no
legislative competence on the subject.  At the same time, it was  held  that
the admission involved two aspects.  First, the adoption of  setting  up  of
minimum standards of education and  coordination  of  such  standards  which
aspect was covered exclusively by Entry 66 of List I.  The second aspect  is
with regard to implementation of the said standards  which  was  covered  by
Entry 25 of List III.  On the said aspect, the State could  also  legislate.
The two entries overlap to some extent and to that extent Entry 66  of  List
I prevailed over the subject covered by Entry 25.
Prima facie, we do not find any infirmity in  the  NEET  regulation  on  the
ground  that  it  affects  the  rights  of  the  States   or   the   private
institutions.  Special provisions for reservation of any  category  are  not
subject matter of the  NEET  nor  rights  of  minority  are  in  any  manner
affected by NEET.  NEET only  provides  for  conducting  entrance  test  for
eligibility for admission to the MBBS/BDS course.
       We  thus,  do  not  find  any  merit  in  the  applications   seeking
modification of order dated 28th April, 2016.
Only other contention relates to perceived  hardship  to  the  students  who
have either applied for NEET-I but could not  appear  or  who  appeared  but
could not prepare fully thinking that the preparation was  to  be  only  for
15% All India seats and there will  be  further  opportunity  to  appear  in
other examinations.  To allay any such  apprehension,  we  direct  that  all
such eligible candidates who could not appear in NEET-I and  those  who  had
appeared  but  have  apprehension  that  they  had  not  prepared  well,  be
permitted to appear in NEET-II, subject to seeking an option from  the  said
candidates to give up their candidature for NEET-I.  It  would  be  open  to
the respondents to reschedule the date of holding NEET-II, if necessary.  To
this extent the earlier orders stand modified.
We may also add here that to ensure total credibility of the examination  to
be held by the CBSE, the Oversight Committee appointed by  this  Court  vide
the aforesaid judgment dated 2nd May, 2016 shall also  oversee  the  NEET-II
examination to be conducted by the CBSE.
In view of the above, it is also  clarified  that  only  NEET  would  enable
students to get admission to MBBS or BDS studies.
            In view of the  above  order,  all  the  applications  and  writ
petitions seeking modification of order passed on 11th  April,  2016,  stand
disposed of.

W.P.(C)261/2016 :
In view of the above order, W.P.(C)No.261/2016 also  does  not  survive  and
that is also disposed of.

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

 

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

 

                                                         .................J.
                                                         [ADARSH KUMAR GOEL]
New Delhi;
9th May, 2016.

 

  

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