Saturday, August 13, 2022

Schedule Fixed by the National Testing Agency Regarding the Process of NEET is Not to be Interfered With Delhi HC

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Delhi High Court on Tuesday denied allowing the petitioner seeking to allow a NEET (UG), 2020 aspirant, to file an application form for participating in the NEET (UG)-2020 examination.

A single-judge bench of Justice Sanjeev Sachdeva of Delhi High Court while pronouncing the judgment through video conferencing observed that in terms of the various judgments of the Supreme Court the schedule fixed by the National Testing Agency for filling up the seats through the process of NEET is not to be interfered with and strict timeline has to be followed for filling up of the medical seats and the course to commence.

The bench was hearing a petition filed by a NEET (UG) 2020 aspirant seeking direction to allow the petitioner to file an application form for participation in NEET (UG)-2020. The petitioner submitted before the Court that the last date for submitting the online application was 31st December 2019 and was subsequently extended to 6th January 2020. However, the petitioner could not submit the online application as the father of the petitioner was unwell from 22.11.2019 to 17.01.2020.

Mr. Rakesh Malhotra, Counsel appearing for the petitioner submitted that the father of the petitioner was not suffering from any major ailment and though originally it was suspected that it was a heart problem, later it transpired that it was a chest allergy. Mr. Malhotra further contended that National Testing Agency has also by a public notice dated 19.05.2020 extended the last date for submission of online application for JEE (Main), 2020.

Whereas, Ms. Ameesoldo appearing for the respondent no. 2 contended that after the expiry of the stipulated date no extension can be granted. She further submitted that even otherwise the medical record filed along with the petition does not justify the non-submission of the online application within time by the petitioner.

The Court however, dismissed the petition stating that “Petitioner had admittedly not submitted the online application form before the cut off date of 06.01.2020 when there was no hardship faced on account of COVID-19 pandemic. Even otherwise, the petitioner was not required to submit a physical application form and had to make an online application which could have been done from any location.”

India Legal Bureau

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