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The Supreme Court is scheduled to consider on Friday a plea of ministers of six opposition-ruled states looking for review of its August 17 order permitting holding of NEET and JEE exams bodily.
The ministers had claimed that the highest court docket order failed to safe college students’ “right to life” and ignored “teething logistical difficulties” to be confronted in conducting the exams in the course of the COVID-19 pandemic.
National Testing Agency (NTA) which conducts each the exams is holding JEE Main Exams from September 1 to September 6, whereas NEET exams will probably be held on September 13.
A bench of Justices Ashok Bhushan, B R Gavai and Krishna Murari will consider the review plea in chambers.
The review issues within the high court docket are normally thought of ‘in-chambers’ by circulation of the petition amongst all of the judges of the bench. The judges then determine ‘in-chambers’ whether or not there’s any benefit within the review petition to re-examine the case within the open court docket listening to.
The apex court docket’s August 17 order, which allowed the exams to be held has change into a political battle because the ministers of six states — dominated by events like Congress, TMC, JMM, NCP and Shiv Sena — sought postponement of the exams “in a manner that achieves the twin objectives of ensuring that the academic year of the students is not wasted and their health and safety is not compromised.” The review plea has been filed by ministers from West Bengal (Moloy Ghatak), Jharkhand (Rameshwar Oraon), Rajasthan (Raghu Sharma), Chhattisgarh (Amarjeet Bhagat), Punjab (B S Sidhu) and Maharashtra (Uday Ravindra Sawant).
The plea, filed by advocate Sunil Fernandes, stated the apex court docket order fails to fulfill the security and safety issues of college students who’ve to seem for the exams.
The high court docket had refused to intervene with the conduct of the medical and engineering entrance exams, saying that life should go on and college students can’t lose a valuable yr due to the pandemic.
The apex court docket had on August 17, dismissed a plea by one Sayantan Biswas and others looking for course to NTA to postpone them after Solicitor General Tushar Mehta assured that each one safeguards could be taken.
Terming the choice to conduct the examination as irrational, the plea stated that the highest court docket failed to admire that the Union authorities had enough time to set up a minimum of one centre for each district for NEET (UG) and JEE (Mains) somewhat than having a number of centres in a single district.
The review petition stated the mere proven fact that lakhs of college students have registered for the examination just isn’t indicative of their consent or their willingness or their need to attend bodily exams. It stated the August 17 order is “cryptic, non-speaking” and doesn’t talk about varied elements and complexities concerned in a matter of this magnitude.
The plea stated that solely two causes given by the court docket – life should go on and college students mustn’t lose a tutorial yr – don’t represent an authoritative and complete judicial scrutiny of the problem.
It stated that the apex court docket’s remark that “Life Must Go On” could have very sound philosophical underpinnings however can’t be an alternative choice to legitimate authorized reasoning and logical evaluation of the varied elements concerned within the conduct of the NEET UG and JEE exams.
“It is submitted that if the impugned order dated August 17, 2020 is not reviewed then grave and irreparable harm and injury would befall on the student community of our country and not only will the health, welfare and safety of the students/candidates appearing for the NEET/JEE examinations would stand imperilled but also the public health at large would be in severe jeopardy in these COVID-19 pandemic times,” the plea stated.
The petition stated that as per the NIA press launch, roughly 9.53 lakhs and 15.97 lakhs college students have been registered for JEE (Main) and NEET (UG) 2020 respectively.
The plea stated that JEE Mains is slated to be performed over 660 examination centres with 9.53 lakhs college students showing for it, roughly 1,443 college students per centre. Similarly for NEET UG, 15.97 lakhs college students will seem in 3,843 centres throughout the nation, almost 415 college students per centre, it stated.
“Such large movement of people will ipso facto prove to be a serious health hazard and will totally defeat the twin present-day solutions we have of combating the COVID-19 pandemic i.e. social distancing and avoidance of large public gatherings. On this short ground alone, the Impugned Order deserves to be recalled and the examinations deserve to be postponed,” the plea stated.
The petitioners don’t want to make any worth judgment or political criticism of the Union authorities in such instances however the undisputed details are that there was an exponential enhance in COVID-19 constructive instances in addition to deaths due to the virus from April onwards.
“It is rather ironical that at the initial stage when there were much lesser number 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 directed to be conducted forthwith,” the plea stated.
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