Supreme Court refuses to stay NEET retest for 1,563 candidates and counselling process

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The bench, meanwhile, stayed the proceedings before various high courts in regard to the NEET controversy, acting on the NTA’s petitions to transfer the matters to the apex court.

The court also said it was not staying the counselling scheduled to start on July 6 for undergraduate medical admissions “at this moment”.

Seeking a stay on the retest scheduled for June 23, the counsel appearing for the petitioner said the “Natonal Medical Commission Act contemplates only a test for an academic year” and that the retest should therefore not be allowed.

But the bench refused to pass any direction on the request and said it would be considered on July 8.

As NTA counsel Vardhaman Kaushik sought a stay on the proceedings in similar petitions pending before courts, Justice Nath said, “Why do you want the stay? What will happen before the HC? You can inform [the high court] that the SC has issued notice.”

The NTA counsel replied, “We informed but despite that the HCs have gone ahead…”

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“That you may have informed [the high courts] that the petition has been filed. Now notice has been issued at a different stage…What happens is there may be some individual cases, to call for answer sheets etc. Let those matters be thrashed out by the HC,” Justice Nath said.

Justice Nath added, “Today only we were reading what happened in Lucknow. They filed forged and fake documents to compel the court to summon the original record. When the original record came, they ran away”.

The reference apparently was to an Allahabad High Court order on NEET aspirant Ayushi Patel’s plea claiming that the NTA had failed to declare her result and that her OMR sheet had been torn.

The NTA counsel then submitted that the petitions the agency wanted to be transferred to the apex court were “not such matters”.

The bench then stayed the proceedings before the high courts.

The bench also considered a plea by a candidate regarding a question in the exam which she said the “NTA admittedly had got wrong”. Her counsel said she had scored 711 out of 720 marks in NEET. “She is literally one question away, which is this question, from getting a college in Delhi…” the counsel added.

The counsel urged the court to consider the matter before June 30 as counselling is scheduled to start on July 6. “Because the counselling starts, there is going to be a huge financial impact on the petitioner because they will have to run around in different cities. She is from Bathinda, comes from a very humble background,” the counsel submitted.

As Justice Nath said there was only a likelihood of the counselling starting on July 6 and sought to know its status, the NTA counsel submitted that the process would start on the scheduled date but not finish the same day. “It is going to take time. They will have time even after that. If there is any change, they will not be accommodated,” the counsel added.

Advocate Kanu Agarwal, appearing for the Centre and the NTA, said that if the prayer was allowed, it would have a larger repercussion.

Justice Nath then said, “We are not allowing the prayer at this moment. That’s why we have asked for a counter affidavit. All this has been argued from day 1. They have been wanting a stay of counselling and we have denied that. Ultimately if all you (petitioners) succeed, everything will go. If the examination goes, counselling will also go.”

Responding to the court’s comment on the multiplicity of petitions on NEET and lawyers repeating the same arguments, the NTA counsel said that “many times coaching institutes are also coming (to the court”.

Justice Nath then said, “Yes, coaching institutes are also coming. They have a right to come… Their livelihood is these students only… And if you play with them and you meddle with their rights…these coaching institutes will come definitely”.