Wednesday, August 14, 2019

NEET cases: HC closes petitions
TIMES NEWS NETWORK

Chennai:14.08.2019

About two weeks after it became known that the Centre had returned Tamil Nadu’s two Bills exempting the state from NEET for medical admissions in 2017 itself, the Madras high court drew curtains on a batch of PILs on the issue saying the Centre’s rejection order could be separately challenged.

Among those who filed the PILs were Tamil Nadu Students Parents Welfare, represented by P B Prince Gajendra Babu and U Mustaffa, seeking a direction to Tamil Nadu government to complete the procedures for obtaining the presidential assent for the Bills on or before August 15, 2017.

A division bench of Justice S Manikumar and Justice Subramoniam Prasad, closing the cases, referred to senior counsel R Viduthalai’s submission that reasons for the rejection ought to have been given by the Centre. They then said: “It is our considered view that the propriety, illegality or irregularity or any other can be challenged in a writ of certiorari or declaration, as the case may be, subject to the pleadings and materials and maintainability of such writ petition, if any, filed.” The writ petition was disposed of with liberty to challenge the Centre’s rejection order.

During earlier hearings, the bench had rapped the Tamil Nadu government for not informing anyone, including the state legislative assembly, about the ‘rejection/return’ of the two NEET Bills adopted by the assembly, that too after acknowledging the receipt of the returned Bills from the Centre.

Viduthalai had accused the central an state governments of being hand in glove in the issue. He submitted that it was the constitutional duty of the President to record reasons for denial of assent to a Bill.

Even while there was a raging political debate over the fate of Tamil Nadu government’s NEET Bills was on, no official nor the government spoke of the fact that it had been returned by the Centre. However, during arguments in court during the hearing of the PILs, the Centre informed the court that the Bills were returned as early in September 2017.

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