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                 REPORTABLE

                IN THE SUPREME COURT OF INDIA                   CIVIL ORIGINAL JURISDICTION

          WRIT PETITION (C) NO.261 OF 2016

     SANKALP CHARITABLE TRUST AND ANR.      ... PETITIONER(S)                 VS.

     UNION OF INDIA AND ORS.                ... RESPONDENT(S)

      O R D E R

The  following  prayer  has  been  made  in  this  petition :

“a) Issue a Writ of Mandamus or any other  writ,  order  or  direciton  in  the  nature  of  Mandamus directing the Respondents to conduct  the  National  Eligibility  cum  Entrance  Test  (NEET) for admission to MBBS Course throughout  the country for academic session 2016-17;

(b) Issue or pass any writ, direction or  order, which this Hon'ble Court may deem fit  and proper under the facts and circumstances of  the case.” When the matter was heard on 27th April, 2016, the  

following order was passed by this Court : “Taken on board. The  learned  counsel  for  the  petitioner  

has assured this Court that he will remove the  office objections by tomorrow.  At his request,  Respondent No.4 is deleted from the array of  parties.   All  the  three  respondents  are  represented  by  their  respective  counsel  and  they  have  assured  this  Court  that  they  are  ready and willing to hold NEET examination for  admission  to  MBBS  and  BDS  courses  for  the  

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academic year 2016-17.   As  the  counsel  representing  CBSE  would  

like to take necessary instructions, hearing is  adjourned for tomorrow.  Proposed schedule of  the examination to be held, shall be submitted  in the Court tomorrow.

The learned counsel shall also see that a  responsible officer of the CBSE, who can take  on the spot decision, remains present in the  Court.

List  the  matter  tomorrow,  i.e.,  28th  April, 2016 at 12.00 p.m.” The matter has been thereafter heard today.  It has  

been 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  

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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.

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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.     

............J. [ANIL R. DAVE]

.................J. [SHIVA KIRTI SINGH]

.................J. [ADARSH KUMAR GOEL]

New Delhi; 28th April, 2016.  

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