NEET-UG] Supreme Court appoints Amicus Curiae in plea challenging requirement of class XI certificate for counselling
The Court appointed Senior Advocate Aman Sinha as amicus curie in a plea challenging the mandatory requirement of class XI certificate to be eligible for participating in NEET-UG counselling.
Supreme Court, Exams
Published on :
20 Apr, 2022, 8:00 pm
The Supreme Court on Tuesday appointed Senior Advocate Aman Sinha as amicus curiae in a plea challenging the mandatory requirement of class XI certificate for eligibility in the counselling process for undergraduate courses of National Eligibility cum Test (NEET UG) [Srishti Nayak and ors. v. Union of India and ors.]
A Bench of Justices L Nageswara Rao and BR Gavai allowed the intervention application filed by a class XII student who contended that the Director of Medical Education, Bhopal made it mandatory to upload class 11 mark sheet, failing which, the students will not be eligible to participate in the counselling.
"Mr. Aman Sinha, learned senior counsel, is requested to appear as Amicus Curiae in this case," the Bench ordered.
The plea contended that the mandatory requirement of Class XI certificates will make private candidates who have passed 10+2 exams ineligible for counselling.
Earlier, the Delhi High Court had held that this requirement is unconstitutional and it was struck down in the case of Anshul Aggarwal v. Union of India.
The applicant submitted that the requirement is arbitrary and violative of Article 14, 19(1)(g) and 21 of the Constitution, because many students have become ineligible to participate in counselling, which amounts to denial for admission in MBBS course, although, they have cleared the NEET examination.
A private candidate from the State of Maharasthra is not eligible as per this rule as there are no class XI examinations in the State, it was pointed out.
The plea further said that the applicant was not categorised as 'ineligible' even for securing admissions in a foreign university, but was not granted an eligibility certificate for NEET as the Class XI marksheet was not annexed.
The matter will be heard by the Supreme Court after the summer vacations.
Senior Advocates Nidesh Gupta and SK Gangale and advocates Avijit Mani Tripathi, Akshat Srivastava and Gaurav Sharma appeared for the petitioners.
Additional Solicitor General of India Aishwarya Bhati and Senior Advocate Vikas Singh appeared for respondents.
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