Supreme Court all set to hear review petition filed by six states against conducting JEE, NEET.
(Judicial Quest News Network)
The Supreme Court is all set to hear the review petition filed by six ministers from six states against the conduct of the JEE Mains and the NEET-UG amid the pandemic.
The matter is listed before a three judges bench comprising of Justices Ashok Bhushan, BR,Gavai, and Krishna Murari.The petition is filed through AOR Sunil Fernandes
The plea is filed by ministers Moloy Ghatak of west Bengal, Rameshwar Oraon from Jharkhand, Amerjeet Bhagat from Chhattisgarh, Uday Ravindra Samant from Maharashtra Raghu Sharma and Balbir Singh Siddhu from Rajasthan and Punjab respectively.
Following August, 17 order of the Supreme Court, the National Testing Agency (NTA) on August, 25 notified that these entrance exams would be conducted as per revised schedule, with the NEET taking place on September,13 and the JEE BEING HELD ON September, 16.
The petitioners have sought a review of the court order on August,17 refusing to entertain a petition by students to postpone the two tests. They said that lakhs of students should not fall prey to the Center’s “Knee Jerk” and “Hapazard” plans, which would prove worse then the dieses itself.
It is further contended that “That conducting the examinations of this magnitude when the infection is at its peak poses serious health hazards for the numerous students and persons who will be exposed in conducting of the exams of this magnitude. Many of these students may already be suffering from underlying health conditions such as asthma and diabetes etc., making it even more dangerous to force such students to physically appear in examination centers. Even otherwise, with recent evidences and information of the virus being allegedly airborne now, conducting of physical examination of such magnitude can have disastrous consequences”.
The petitioners also contended that in the past two months, India has recorded the highest cases of COVID-19 positive cases and deaths on account of it.India has over 3.31 million COVID-19 cases and has seen about 60,000 deaths alas on 27.8.2020.It is rather ironical that the initial stage when there were much lesser numbers of COVID-19 positive cases, the examinations were postponed and now when the daily spread of the virus is at its peak the examinations are being conducted forthwith.
The NTA had issued a notification on August, 25 which states “That as per the said press release by the NTA, approximately 9.53 lacs [9,53,000] and 15.97 lacs [15,97,000] students have been registered for JEE (Main) and NEET (UG) 2020
respectively. This means that 25 lacs [25,00,000] students cumulatively would be appearing for these two examinations. As on 27th August, India has over 3.31 million [33 lacs, 33,00,000] COVID-19 cases. We are presently at the third
position in this unenviable list after the USA (5.79 million cases) and Brazil (3.72 million cases) and on course to be the No.1 nation on this list”
The Review Petitioners were not parties before this Hon’ble Court in the aforesaid Writ Petition and hence were unable to
canvass the points and submissions urged in the present petition. The Review Petitioners herein most respectfully submitted that the order under review meets the parameters of the Review Jurisdiction of this Hon’ble Court. There are several errors apparent on the face of record of the order under review which would necessitate this Hon’ble Court to review its order dated 17.08.2020, after giving due opportunities to the Review Petitioners the gracious indulgence of a detailed open court hearing
Shri Moloy Ghatak, aged 65 years, s/o Late Phani Bhusan Ghatak, Minister-in-Charge, Department of Labour & E.S.I. (MB) Scheme and Departments of Law & Judicial, Government of West Bengal, and Resident of Upper Chelidanga, Asanol, West Bengal – 713 304
Dr. Rameshwar Oraon, S/o Late Mahavir Oraon, aged 73 years, Cabinet Minister of Finance, Government of Jharkhand, and Resident of Morhabadi, P.O & P.S. Morhabadi, District – Ranchi, Jharkhand – 834
008
Dr. Raghu Sharma, aged 62 years, Cabinet Minister of Health and Family Welfare, Government of Rajasthan, Resident of 18, Civil Lines, Jaipur, Rajasthan – 302006,
Shri Amarjeet Bhagat, S/o Late Dakhlu Ram, aged 52 years, Minister of Food, Civil supplies, Culture, Planning, Economics & Statistics,
Government of Chattisgarh, and Resident of HDD 23, Vidhayak Colony, Purena, Raipur, Chattisgarh – 492 001
Shri Balbir Singh Sidhu, aged about 61 years S/o Late S Jang Singh Sidhu, Cabinet Minister Health and Family Welfare & Labour,
Government of Punjab and resident of Kothi No. 2222, Phase 7, Mohali, Punjab – 160 059
Shri Uday Ravindra Samant, Aged 45 years, S/o Ravindra D. Samant,
Minister of Higher and Technical Education, Government of
Maharashtra, 501, Mantralaya, Mumbai, Maharashtra – 400032
The petitions have been filed in their individual capacities, “They have filed the present petition purely in discharge of their public interest”
The petitioners have submiteed that while the Centre had adequate time to ensure the safe and successful onductof the examinations, “the intervening months from April to September 2020 were characterized by inaction, confusion, lethargy and inertia”
The petitioners submit that That postponing the examination by 6 to 8 weeks would give adequate time to the Union Government to make adequate transportation i.e. special Buses, Trains and Flights in consultation with the State Governments, so that the students have a hassle free and safe access to their examinations centre.
Furthermore the petitioner averts That the Universities and schools across the country have been closed since March 16, 2020 when the Central Government, invoking the National Disaster Management Act, 2005, announced a countrywide classroom shutdown as part of measures to contain the COVID-19 outbreak and when the cases in the country are at an all-time high, the insistence of the Central Government to conduct physical exams for lakhs of students is irrational
“The Union Government has created an unfortunate situation whereby the students/candidates may become vectors and carry the infection back to their homes and put their parents, grandparents, family, relatives and friends at risk of infection. This multiplier effect will be disastrous for the health of the nation.”
The crucial aspects of teaching are absent since the outbreak of the pandemic in March 2020. Despite various phases of ‘Unlock down’, the School, Colleges and Universities have consistently remained shut for physical classes. Therefore, in view of the afore-going, there is no rational nexus between the object of the examinations and the purpose that it seeks to achieve.
“Life Must Go On” may have very sound philosophical underpinnings but cannot be a substitute for valid legal reasoning and logical analysis of the various aspects involved in the conduct of the NEET UG and JEE exams.
