New Delhi: In a huge relief to lakhs of students, the Supreme Court on Friday refused to stay at this stage the Neet ordinance allowing States to admit students in medical and dental courses in government colleges on the basis of their own common entrance tests and exempting them from the purview of Neet.
A vacation bench of Justices Prafulla C. Pant and D.Y. Chandrachud, by declining to pass any interim order put an end to the uncertainty created by the Centre’s flip-flop. The bench said, “an ordinance has been issued. It has the force of a law. There is no legislative incompetence in it. The validity can be challenged, but no interim order can be granted. It cannot be stayed.”
Appearing for Dr Anand Rai, whistle blower and right activist, senior counsel contended that the May 24 ordinance was brought to upset the May 9 order laying down a ‘one nation one test’ for admission to undergraduate medical and dental courses across the country. He said that if the ordinance was not stayed, it would result in considerable hardships to lakhs of students preparing for the exams.
However, the bench rejected the argument saying, “This will create more confusion in the minds of students who are to appear (or appeared) for admission to medical and dental courses. Let the students appear in examination with some certainty.” Declining to grant urgent hearing, the bench told senior counsel that the validity of the ordinance could be tested when the court opened after the summer vacation and directed the petitions to be listed for hearing in July.
The petition filed by Dr. Anand Rai, questions the arbitrary manner in which the Centre issued the ordinance on May 24 for political considerations due to the pressure from States.
