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NEET-UG] Supreme Court appoints Amicus Curiae in plea challenging requirement of class XI certificate for counselling
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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Wednesday, April 20, 2022
NMC has no records on public notice on stipend issued in 2019
NMC has no records on public notice on stipend issued in 2019
SPECIAL CORRESPONDENT
APRIL 18, 2022 17:59 IST
UPDATED: APRIL 18, 2022 17:59 IST
Commission has more to conceal than reveal, says RTI activist
Kozhikode
The National Medical Commission (NMC) seems to have no records or files on a public notice issued three years ago for an amendment to Graduate Medical Education Regulations, 1997, which dealt with stipend for medical interns.
This was revealed in a reply given under the Right to Information Act to K.V. Babu, a Kannur-based ophthalmologist and RTI activist. Dr. Babu had filed a plea on January 28 asking for the status of the public notice dated January 25, 2019, and also copies of all the comments received and all the discussions on the amendments, and the file notings.
The notification had said that the Board of Governors that superseded the Medical Council of India (MCI) was considering inclusion of the following provisions in the regulations: “All the candidates pursuing compulsory rotating internship at the institution from which MBBS course was completed, shall be paid stipend on par with the stipend being paid to the interns of the State Government Medical Institution/Central Government Medical Institution in the State/Union Territory where the institution is located.” Comments or suggestions were invited within 15 days.
The reply given to Dr. Babu said “In this regard, it is stated that the previous records/file pertaining to your RTI application could not be traced, despite all possible efforts.” The public notice, however, is available in the NMC archives.
ADVT
Dr. Babu said that ironically, the NMC insists that every physician should maintain medical records pertaining to his/her indoor patients for a period of three years from the date of commencement of the treatment in a standard proforma laid down by the MCI. If any request is made for medical records either by the patients/authorised attendant or the legal authorities, they may be duly acknowledged and documents should be issued within 72 hours.
“The NMC has more to conceal than reveal under the RTI,” he said.
Monday, April 18, 2022
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