Sankalp Charitable Trust vs. Union Of India

SECTION PIL (WRIT) MATTER FOR : 03.05.2016 COURT NO. : 02 ITEM NO. :

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

INTERLOCUTORY APPLICATION NOS. 2, 3, 4, 6, 9, 15, 17, 22, 25 & 27 (Application for impleadment) AND INTERLOCUTORY APPLICATION NOS. 5, 7, 8, 10, 18, 19, 21, 23, 26 & 28 (Application for modification of Court's) AND INTERLOCUTORY APPLICATION NOS. 11, 13, 20, 24 (Application for intervention) AND INTERLOCUTORY APPLICATION NOS. 12, 14, 16 & (Application for directions) IN

WRIT PETITION (CIVIL) NO. 261 OF 216 (Under Article 32 of the Constitution of India)

Sankalp Charitable Trust & Anr. ...Petitioners

Versus

Union of India & Ors. … Respondents

OFFICE REPORT

The Writ Petition above-mentioned was listed before the Hon'ble Court on 28.04.2016 when the Hon'ble Court was pleased to inter-alia pass the following Order:-

"xxx xxx xxx xxx xxx xxx xxx xxx The matter has been thereafter heard today. It hasbeen submitted by the learned counsel appearing for all the respondents that it is proposed to hold the examination in pursuance of Notifications dated 21st December, 2010 issued by the Medical Council of India and the Dental Council of India ('DCI' for short).

As per the said Notifications, a common entrance test, i.e., National Eligibility cum Entrance Test (NEET) shall be held.

It was further submitted, interalia, as follows :

"1. AIPMT 2016 to be held on 1st May, 2016 shall be phase I of NEET.

2. Phase II of NEET for the left out candidates shall be held on 24th July, 2016 by inviting applications with fee.

3. Combined result of both the Tests shall be declared on 17th August, 2016.

4. CBSE will provide All India Rank. Admitting Authorities will invite applications for Counselling and merit list shall be drawn based on All India Rank.

5. All associated with conduct of Exam including Central Govt., State Govt.,institutions, Police etc. will extend all necessary support to CBSE and permit security measures like use of electronic and communication devices Jammers etc. for timely and fair conduct of the NEET.

6. Any difficulty with regard to implementation of orders of this Court the stake holders may approach this Hon'ble Court."

The learned counsel have also given the details with regard to the time when the result would be declared and counselling would take place.

In view of the submissions made on behalf of the respondents, we record that NEET shall be held as stated by the respondents. We further clarify that notwithstanding any order passed by any Court earlier with regard to not holding NEET, this order shall operate. Therefore, no further order is required to be passed at this stage.

It may be mentioned here that some learned counsel representing those who are not parties to this petition have made submissions that in view of the judgment passed in Christian Medical College, Vellore & Ors. Vs. Union of India & Ors., reported in (2014) 2 SCC 305, it would not be proper to hold NEET and this order should not affect pending matters.

We do not agree with the first submission for the reason that the said judgment has already been recalled on 11th April, 2016 and therefore, the Notifications dated 21st December, 2010 are in operation as on today.

It may however be clarified that by this order hearing of the petitions which are pending before this Court will not be affected.

The petition be now listed in due course.

Thereafter, the matter was mentioned before the Hon'ble Court on 02.05.2016, when the Hon'ble Court was pleased to pass the following Order:-

"Subject to the convenience of Hon'ble Judges list all the applications/writ petition, mentioned above, tomorrow i.e. Tuesday, the 3rd May, 2016 along with I.A. No. 2 in T.C. No. 7 of 2013."

It is submitted that the following Interlocutory Applications have been received in the matter above-mentioned.

I.A.<br>Nos.	Application for	Filed by<br>Mr./Mrs./M/s.	Filed on	On behalf of
2	Impleadment	Vikash Singh	29.04.2016	Ms. Bijal<br>Hiteshkumar Shah
3	Impleadment	E.C. Agrawala	29.04.2016	Sumandeep<br>Vidyapeeth
4 & 5	Impleadment<br>and<br>Modification	Sumita Ray	29.04.2016	Sharan Minor<br>through his<br>guardian & Ors.
6 & 7	Impleadment<br>and<br>modification	Sumita Ray	29.04.2016	Mauli Ajitbhai Patel<br>(Minor) through her<br>natural Guardian
8	Modification	Sudhanshu S.<br>Choudhari	29.04.2016	Miss Nitya & Miss<br>Meghna
9 & 10	Impleadment<br>and<br>modification	Nishant R.<br>Katneshwarkar	02.05.2016	State of<br>Maharashtra
11 &<br>12	Intervention<br>and directions	Nirnimesh<br>Dube	02.05.2016	State of Goa

13 &<br>14	Intervention<br>and directions	Prashant<br>Bhushan	02.05.2016	Vineeta Batra & Anr.
15 &<br>16	Impleadment<br>and directions	Hemantika<br>Wahi	02.05.2016	State of Gujarat
17& 18	Modification/cla<br>rification	Sumita Ray	02.05.2016	Basuri Shyamal<br>Sonpal & Ors.
19	Directions	Rabin<br>Majumder	02.05.2016	Atman Ketanbhai<br>Bhardwa & Ors.
20 &<br>21	Intervention<br>and<br>modification	Sunil Fernandes	02.05.2016	State of Jammu &<br>Kashmir
22 &<br>23	Impleadment<br>and<br>modification	Ram Kishore<br>Singh Yadav	02.05.2016	Mona Devenbhai<br>Sanghvi
24	Intervention/dir<br>ections	Rakesh K.<br>Sharma	02.05.2016	Christan Medical<br>College, Ludhianan
25 &<br>26	Impleadment &<br>directions	Amit Anand<br>Tiwari	02.05.2016	Santosh Medical<br>College
27 &<br>28	Impleadment &<br>Modifications	Anitha Shenoy	02.05.2016	State of Karnataka

All the applications above-mentioned are being circulated before the Hon'ble Court.

It is submitted that Mr. V.G. Pragasam, Advocate has on 02.05.2016 filed an affidavit on behalf of U.T. of Puducherry. The same is being circulated before the Hon'ble Court.

The Interlocutory Applications above-mentioned in Writ Petition are listed before the Hon'ble Court with this Office Reports for Orders.

Dated this the 02nd day of May, 2016.

sd/- Assistant Registrar