The Supreme Court on Monday issued a notice in a writ petition challenging the "abrupt" and "last-minute" changes made by the National Board of Examinations for the exam pattern of National Eligibility cum Entrance Test-Super Specialty (NEET-SS) 2021. The petition was filed by 41 qualified post-graduate doctors from across the country who aspire to become super-specialists by cracking NEET-SS 2021. Doctors in the petition filed through Advocate Javedur Rahman had stated that although the dates of NEET SS 2021 was announced on July 23, 2021, the changed pattern was made public more than a month thereafter on August 31, 2021, when only 2 months remained before NEET SS 2021 exams scheduled to be held on November 13 and 14.
In this context, the petitioner had submitted that they have all along been preparing in terms of the pattern that has been in place for the last three years, especially because on earlier occasions i.e. in 2018 and 2019 when changes in the pattern/scheme were proposed to be made, the changed pattern/scheme was made public almost 6 months prior to the NEET-SS exams to ensure availability of "ample time to the students for making preparations."Contending that there was absolutely no reference to the exam pattern/ scheme or any change in the notice dated July 23, 2021, the petition stated that,
"The Petitioners were surprised to see the scheme of the NEET SS exams in Part 4, having undergone a complete change without any sort of advance intimation, with only two months left for the exam whilst the Petitioners have all along been preparing in terms of the extant pattern/scheme of the exam, having absolutely no reason to think that any such drastic change will be made so close to the specified date and without the lawful authority i.e. the Central Government directing to do so."
It had further been contended that neither the National Board of Examination nor the National Medical Commission has the authority under any law to make/approve changes to the pattern of the exam. To substantiate their contention, the doctors have argued that no provision under the National Medical Commission Act, 2019 empowers the National Medical Commission to stipulate/approve of the pattern/scheme of conducting the NEET-SS exam.
Doctors along with seeking for declaration of the information bulletin dated August 31, 2021, illegal and in excess of delegation of powers conferred by the NBE and NMC had also sought for seeking to declare only the Central Government through the Ministry of Health and Family Welfare is empowered under existing laws to carry out changes in pattern/ scheme of NEET SS Exams.
Relief for restoration of the scheme/exam pattern for NEET SS 2021 along the same examination scheme on which NEET-SS, 2018 – NEET-SS, 2020 were conducted had also been sought. In an alternative, PG-qualified doctors due to paucity had also prayed for non-implementation of the changes in exam pattern in respect of NEET SS 2021.
Case Title: Dr. Prateek Rastogi & Ors v National Board of Examination and Ors
The petition will be heard next on September 27.