The top court said that the National Testing Agency must also train their invigilators who are at the ground level in examination centres as to how should they deal with students with disabilities.
Tag: NEET
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Resident doctors demand decision on PG admissions following delay
Express News Service
NEW DELHI: Unprecedented delay in admission of PG doctors in medical colleges across India this year has forced resident doctors to demand a quick decision on the issue so that the burden on them, working at nearly one-third of the sanctioned strength, is eased.
The National Eligibility cum Entrance Test-PG saw a long delay and even after the test was held in September after nearly nine months, there is now a stay on the process of counselling as some candidates have challenged the reservation policy adopted for admission.
The examination, conducted usually in December-January, was first deferred to April in view of the COVID-19 pandemic.
In April, when the second wave of the pandemic hit the country, the government announced the test would not be conducted before August 31, which would allow final year students and interns to focus on clinical duties. The test was finally held on September 11 and results were out in October.
The delay in admissions, due to the ongoing litigation, has meant that medical colleges, which have nearly 85,000 junior residents from the three batches, are effectively working with just one-third of the force.
“Resident doctors are the backbone of medical colleges but the delay means first year PG students have not joined yet, while third year students have already passed out. Very few of them are later reabsorbed in institutions as senior residents,” pointed out Rohan Krishnan, president of the Federation of All India Medical Association.
He said that this has put extraordinary burden on the existing junior residents who are made to do double shifts to make up for the reduced work force and are burnt out. Krishnan demanded that the PM and the health minister should intervene to ensure that the Supreme Court gives a judgement during the next hearing on November 24.
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NEET results: NTA seeks early hearing in Supreme Court on plea against Bombay HC stay
By PTI
NEW DELHI: The National Testing Agency Monday sought an urgent hearing in the Supreme Court on its plea against a high court order asking it not to declare the NEET results and conduct re-examination for two aspirants whose question papers and OMR sheets got mixed at a centre in Maharashtra.
In an unprecedented order, the Bombay High Court on October 20 directed the NTA, set up in 2018 for conducting the National Eligibility Entrance Test (NEET) for admissions to undergraduate medical courses, to hold a fresh exams for the two students and declare their results along with the main results of the test conducted on September 12.
The high court had taken note of the fact that the test booklet and OMR sheet of two medical aspirants — Vaishanavi Bhopali and Abhishek Shivaji, got mixed up at the examination centre before the start of the test and ordered that they be given fresh opportunity to appear.
A bench headed by Chief Justice N V Ramana was informed about the urgency of the matter by Solicitor General Tushar Mehta, appearing for the NTA, saying that the declaration of the results are being halted due to the order of the high court.
The court asked the law officer to mention the case before the bench which has been hearing these cases and on being told that the matter was fresh one, the bench agreed to consider an urgent listing.
“The declaration of the results of the NEET exam has been stayed the behest of two students. I am requesting the hearing tomorrow,” the law officer submitted before the bench, also comprising Justices Surya kant and Hima Kohli.
“We will see,” said the bench. The NTA, in its appeal, said that the NEET (UG), 2021 Examination for more than 16 lacs candidates has been conducted on September 12, and due to the high court’s order it has not been able “to declare their results even though the same is ready for declaration”.
“The delay in declaration of Result of NEET (UG) 2021 will affect and further delay the subsequent process of admission to Undergraduate Medical Courses i.e. MBBS, BDS, BAMS, BSMS, BUMS and BHMS Courses,” it said in the plea.
The two students said the invigilators started distributing the test booklet to all the students at the scheduled time 1.50 pm. “However, while distributing the test booklets fell down. As a result the test booklets and the OMR sheets therein fell down and got mixed up,” the plea said.
The high court, besides ordering re-examination and staying the declaration of the results, also directed that the NTA “shall give 48 hrs clear notice to the Petitioners about the date of examination and the centre allotted to the Petitioners”.
Making it clear that the order shall not be treated as a precedent, the high court had also directed the NTA to issue the admit card or permission as is required for the purpose of appearing for the examination directed to be held, in advance.
“Respondent Nos. 1 and 2 are advised to frame appropriate Rules/guidelines for providing remedial measures in case of such difficulties that may arise in similar situations, in future, keeping in mind the interest and future of such students,” the high court said.
The NEET Entrance Exam was conducted on September 12, for “16,14,777 candidates, involving 3,682 centres in 202 cities, 9,548 Centre Superintendents/ Deputy Superintendents, 5,615 Observers, 2,69,378 Invigilators and 220 City Co-ordinators’, the NTA said in the plea.
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OBC, EWS quotas: SC asks Centre to put NEET-PG counselling on hold
By PTI
NEW DELHI: The Centre assured the Supreme Court on Monday that the counselling process of NEET-PG will not commence till the top court decides the challenge to 27 per cent reservation for OBC and 10 per cent for EWS category in PG All India Quota seats (MBBS/BDS and MD/MS/MDS) from the current academic session.
A bench of Justices D Y Chandrachud and B V Nagarathna recorded the assurance given by Additional Solicitor General (ASG) K M Nataraj, appearing for the Centre, and observed that students will be in serious problem if the counselling process goes ahead as scheduled.
The assurance by Nataraj was given after senior advocate Arvind Dattar, appearing for some NEET candidates, mentioned that as per the schedule announced by the Director General of Health Services, the counselling process for the NEET-PG is to commence from October 25.
He said that by the time the court decides the pending batch of petitions, challenging the July 29 notification, introducing the reservation from academic year, the entire process of admission will be over and serious prejudice would be caused to the students.
Nataraj said the communication which counsel for petitioner is referring to was sent only to the medical colleges for verification of seats and one more clarificatory notification has been issued on Monday.
“The counselling process will not begin till the court decides the pending batch of petitions,” the ASG submitted.
The bench said that it is taking the word on record.
“We will take your word on record that counselling process will not start till we decide the batch of petitions one way or the other. You know, students will be in serious problem, if the process continues,” the bench said.
Nataraj agreed with the observation of the court and said that if there is any problem at all in the future, the petitioner’s counsel can contact him directly.
On October 21, the top court had asked the Centre whether it would like to revisit the limit of rupees eight lakh annual income, fixed for determining the Economically Weaker Sections (EWS) category for reservation in NEET admissions for medical courses.
The top court had clarified that it is not embarking into the policy domain but is only trying to ascertain whether constitutional principles have adhered or not.
It had asked the Ministry of Social Justice and Empowerment and the Department of Personnel and Training (DOPT) to file their affidavits in a week’s time and had formulated questions to be answered by the Centre.
The top court had said, “Tell us if you want to revisit the criteria or not. If you want us to discharge our duties, then we are ready to do so. We are formulating questions which you need to answer them”.
It had added, “We may stay the government notification fixing rupees eight lakh criteria for determining the EWS and you can keep filing the affidavits”.
The top court was hearing a batch of pleas challenging the Centre and Medical Counselling Committee (MCC) July 29 notice providing 27 per cent reservation for Other Backward Class (OBC) and 10 per cent for EWS category in the National Eligibility cum Entrance Test (NEET) admissions for medical courses.
It had asked searching questions from Centre, and asked whether any exercise was undertaken before fixing a limit of Rs 8 lakh annual income for determining the EWS category.
It had said the court is not going to tell the government as to what should be the limit whether it should be rupees four lakh or rupees six lakh because it is for the executive to decide but all it wants to know is on what basis Rs.8 lakh criteria was fixed.
“For determining creamy layer in Other Backward Classes (OBC) category the limit was fixed as Rs 8 lakh annual income and they were considered progressed class among OBCs and they were excluded from reservation benefits. Here, for the EWS category, the limit is the same Rs 8 lakh annual income but it was for inclusion in the reservation benefits,” the top court had said.
On October 7, the top court had posed searching questions to the Centre on its decision to fix a limit of rupees eight lakh annual income for determining the EWS category for reservation in NEET admissions.
The Centre had then said fixing a limit of Rs eight lakh annual income for the EWS category is a matter of policy based on the National Cost of Living Index.
On September 17, the top court has agreed to hear a batch of pleas of students against the July 29 notice providing 27 per cent reservation for OBC and 10 per cent for EWS category in 15 per cent UG and 50 per cent PG All India Quota seats (MBBS/BDS and MD/MS/MDS) with effect from the current academic session 2021-22.
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27 per cent OBC reservation in all India quota can’t be subject matter of litigation again: DMK to SC
It said, however, reservations in the SCS-AIQ were denied by the Union government for OBC despite states like Tamil Nadu having 50 per cent reservation under its state law of 1993.
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Bombay High Court orders fresh NEET for two medical courses aspirants after mix-up by invigilators
By PTI
MUMBAI: The Bombay High Court has directed the National Testing Agency (NTA) to conduct the National Eligibility-cum-Entrance Test (NEET) afresh for two medical college aspirants as they had been handed question papers and answer sheets with incorrect serial numbers during the recently held exam.
The order was passed by the high court on Wednesday on a petition filed by the two students through advocate Pooja Thorat.
The petitioners told the court that NEET candidates are given a question paper and answer booklet (sheet) bearing the same code and same seven-digit serial number.
But due to a mix-up by invigilators, some students including the petitioners received question papers and answer booklets bearing different codes and serial numbers, they said.
Advocate Thorat told a bench of Justices R D Dhanuka and Abhay Ahuja that though the petitioners immediately pointed out the mix-up, the invigilators threatened to report them for “causing a disturbance in the examination hall and committing unfair practice.”
Advocate Rui Rodrigues, who appeared for the NTA, said it was “not possible” for the exam authority to allow the petitioners to reappear for the exam.
The judges, however, held that the petitioners “shall not suffer because of the mistake on the part of respondents.”
It directed the NTA to hold a “fresh examination for the two petitioners for the academic year 2021-22,” and to declare their results within two weeks.
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NEET: SC asks Centre whether it would like to revisit Rs 8 lakh criteria for determining Economically Weaker Sections
By PTI
NEW DELHI: The Supreme Court on Thursday asked the Centre whether it would like to revisit the limit of rupees eight lakh annual income fixed for determining the Economically Weaker Sections (EWS) category for reservation in NEET admissions for medical courses.
The top court clarified that it is not embarking into the policy domain but is only trying to ascertain whether constitutional principles have adhered or not. A bench of Justices DY Chandrachud, Vikram Nath, and BV Nagarathna was annoyed as no affidavits were filed by the Ministry of Social Justice and Empowerment and the Department of Personnel and Training (DOPT) and formulated questions to be answered by the Centre in a week.
The bench said, “Tell us if you want to revisit the criteria or not. If you want us to discharge our duties, then we are ready to do so. We are formulating questions which you need to answer them.”
It added, “We may stay the government notification fixing rupees eight lakh criteria for determining the EWS and you can keep filing the affidavits.”
The top court was hearing a batch of pleas challenging the Centre and Medical Counselling Committee (MCC) July 29 notice providing 27 per cent reservation for Other Backward Class (OBC) and 10 per cent for EWS category in the National Eligibility cum Entrance Test (NEET) admissions for medical courses.
The top court once again asked searching questions from Additional Solicitor General KM Nataraj, appearing for Centre, and asked whether any exercise was undertaken before fixing a limit of Rs 8 lakh annual income for determining the EWS category.
“Whether Major Gen (retd) SR Sinho commission report of 2010 was considered before ascertaining the criteria? The report of the commission has to be placed on record before the court,” the bench said.
Major Gen (retd) SR Sinho commission was constituted by the UPA government in 2010 and has recommended welfare measures for the EWS category.
Natarajan said that the commission’s report was one of the basis for determining the criteria but after that several deliberations were held and other factors were also taken into account.
“Fixing of criteria of Rs 8 lakh is a pure policy matter and the court should not interfere with it. It was decided after proper application of mind,” he said.
Natarajan submitted that the draft of the affidavit by concerned departments is ready and they will be filing it in a day or two.
The bench said that it is not going to tell the government as to what should be the limit whether it should be rupees four lakh or rupees six lakh because it is for the executive to decide but all it wants to know is what was the basis for fixing Rs 8 lakh as the limit.
“For determining creamy layer in Other Backward Classes (OBC) category the limit was fixed as Rs 8 lakh annual income and they were considered progressed class among OBCs and they were excluded from reservation benefits. Here, for the EWS category, the limit is the same Rs 8 lakh annual income but it was for inclusion in the reservation benefits,” the bench said.
It added, “You cannot just pick Rs 8 lakh out of the thin air and fix it as a criteria. There has to be some basis, some study. Tell us whether any demographic study or data was taken into account in fixing the limit. How do you arrive at this exact figure? Can the Supreme Court strike down the criteria, if no study was undertaken?” It asked the Centre to respond to a question that since the income limit of determining the creamy layer in OBC category and EWS is the same that is Rs 8 lakh, whether it would be arbitrary to provide a similar income limit for EWS and OBC.
The top court also asked whether rural and urban purchasing power was accounted for and on what basis the asset exception was arrived at and why the residential flat criteria do not differentiate between metropolitan and non-metropolitan areas.
The bench said that as per the explanation in the 103rd constitution amendment says that criteria for EWS will be notified by the state governments, then how can the Centre notify a uniform EWS criterion for the whole of the country.
The top court then formulated the question and asked the Union Ministry of Social Justice and Empowerment and DOPT to file their replies by October 28.
On October 7, the top court had posed searching questions to the Centre on its decision to fix a limit of rupees eight lakh annual income for determining the EWS category for reservation in NEET admissions.
The Centre had then said fixing a limit of Rs eight lakh annual income for the EWS category is a matter of policy based on the National Cost of Living Index.
On September 17, the top court has agreed to hear a batch of pleas of students against the July 29 notice providing 27 per cent reservation for OBC and 10 per cent for EWS category in 15 per cent UG and 50 per cent PG All India Quota seats (MBBS/BDS and MD/MS/MDS) with effect from the current academic session 2021-22.
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NEET row: J&K L-G to seek deferment of all-India medical quota
Express News Service
SRINAGAR: After facing opposition from medical students and political parties, J&K Lt-Governor Monoj Sinha on Sunday said he would request the Centre to defer the pooling of MBBS and post-graduate seats of the UT in All India Quota (AIQ) from the current session..
“Met NEET Post-Graduate MD/MS aspirants today. Listened to their concerns about UT’s participation in all India quota in the current year. Students sought more time for preparation. Considering their petition, I’ll request the central government to defer it for the current year,” tweeted Sinha.
Medical students in J&K have been up in arms against the move to pool MBBS and PG seats of J&K in AIQ.
“Please don’t nip J&K medical students’ prospects in the bud. This move will expose J&K students to a greater disadvantage as compared to our counterparts from other states and UTs,” said a student leader from Government Medical College (GMC) Srinagar.
The students of GMC, Sher-i-Kashmir Institute of Medical Sciences, Srinagar, GMC Rajouri and other medical colleges have protested the move.
Earlier, J&K used to reserve all medical seats for local students, opting out of the AIQ.
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Backdoor entry in colleges should stop, lakhs of students work hard to get admission: HC
The HC #39;s observation came while dismissing an appeal by five students who were granted admission in 2016 by L N Medical College Hospital and Research Centre, Bhopal, without counselling.
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SC seek replies from Centre, MCC on plea against decision to provide quota for OBCs and EWS in NEET
By PTI
NEW DELHI: The Supreme Court Friday sought responses from the Centre and MCC on a plea against the July 29 notice providing 27 per cent reservation for Other Backward Class (OBC) and 10 per cent for Economically Weaker Section (EWS) category in NEET admissions for medical courses.
A bench of justices D Y Chandrachud and B V Nagarathna issued notice and sought replies from the Centre and Medical Counselling Committee (MCC) on a plea filed by eight petitioners, including those who would be appearing in the National Eligibility cum Entrance Test (NEET) postgraduate exams.
The bench tagged the plea with pending petitions on similar issue.
The fresh plea, filed through advocate Vivek Singh, has said that a notice was issued on July 29 stating that it has been decided to provide 27 per cent reservation for OBC and 10 per cent for EWS in the all India quota for undergraduate and postgraduate medical and dental courses for the academic session 2021-22.
Seeking quashing of the notice, the plea alleged that the attempt to provide for reservation in 50 per cent all India quota seats in PG medical course is “clearly contrary” to the law laid down by the apex court earlier.
“It is submitted that the General category students applying for post graduate medical courses are being reduced to a miniscule minority,” it said, adding that number of seats for PG medical courses are limited and providing seats based on reservation is “denial of opportunity to meritorious candidates.”
On September 6, the top court had issued notices on similar petitions.
One of the petitions had said that the petitioners and similarly affected candidates were shocked to note that the committee vide the impugned notice had resolved to implement 27 per cent OBC reservation and 10 per cent EWS reservation in 15 per cent UG and 50 per cent PG All India Quota seats (MBBS/BDS and MD/MS/MDS) with effect from current academic session 2021-22.
The petitioners had sought quashing of the July 29 notice which provided for implementation of the prescribed reservation criteria with effect from academic session 2021-22.
They had said that as per the reservation policy, the overall reservation in 15 per cent UG and 50 per cent PG All India Quota seats would be — SC – 15 per cent, ST – 7.5 per cent, OBC- (non-creamy layer) as per the Central OBC list – 27 per cent, Economically Weaker Section – as per Central Government norms – 10 per cent and persons with disability-5 per cent horizontal reservation as per norms.
On July 29, the Centre had decided to provide 27 percent reservation for OBCs and 10 per cent reservation for EWS in the all India Quota scheme for undergraduate and postgraduate medical/dental courses (MBBS /MD/MS/Diploma/BDS /MDS).