On Wednesday, February 21, the union government informed the Supreme Court that it was looking into the complaints of NEET MDS candidates about the extension of the internship deadline. The Supreme Court took note of the fact that the petitioners wanted to delay the National Eligibility cum Entrance Test (NEET MDS 2024) and extend the deadline for internship completion. However, it did not issue any orders. Instead, the court allowed the union to "take a decision" on the matter within one week after receiving the petitioners' representations.

Candidates are only eligible to sit for the entrance exam if they have completed their internships by March 31, or earlier. The Supreme Court permitted the petitioners' submissions to the Ministry of Health and Family Welfare. The court learned that the Union Government was'seized' of the issue and had requested information from the National Dental Commission about the number of students affected by the current deadline.

A bench consisting of Chief Justice DY. Chandrachud and JB. Pardiwala and Manoj. Misra heard a writ filed under Article 32. The petition sought to reschedule NEET MDS-2024 and extend the eligibility cut-off by revising internship completion dates. Colin Gonsalves Senior Advocate, who represented the petitioners on the last occasion highlighted that although some candidates had completed their internships by the time they registered for NEET 2024, others were unable to register because the internship completion dates exceeded March 31. Additionally, he mentioned that February 19 was the deadline for submitting online NEET MDS applications for current academic year.

Gaurav Sharma, who appeared today for the official respondents in court, said that the entrance exam was to be held this March in an effort to get back to the pre-pandemic timetable after it had been severely disrupted by the COVID-19 outbreak. The entrance exams for post-graduate programs used to take place in December and early January, before the COVID-19 pandemic. The sessions have been delayed for four years and the exams as a result. "But now they're trying to get it back on the original schedule."

The National Dental Commission was contacted yesterday by the union government to inquire about the number of students who may be impacted by the deadline. The attorney stated, "The government will investigate it.

Justice Chandrachud said -
"If the government decides to take a compassionate approach, we will not come in the way. But it is very difficult for us to keep extending cut-offs here and there. We will dispose the matter of and let the union government take a call. It is looking into the matter. The very fact that they have sought data demonstrates that they are concerned about addressing this issue. Otherwise they would have just said, sorry."

Gonsalves protested vehemently against the court's decision, claiming that students from as many as 7 states were at risk. The court responded to the concerns of the senior counsel by suggesting that the union government expeditiously consider the petitions sent to them. In February 2022, it had allowed NEET-PG candidates to submit such a representation for an extension of the completion of internship for the purposes of admission into postgraduate courses.

The bench declared at the end of today’s hearing -
...Mr Gaurav Sharma, appearing on behalf of the National Dental Commission, states that the Union of India is seized of the matter and data has been sought yesterday from the commission. In this context, we may advert to an earlier order passed by this court in February 2022...Since the issue of fixing cut-off dates essentially pertains to the policy domain, it would be appropriate if the petitioners are allowed to submit representations. Senior Advocate Colin Gonsalves submits that such representations have already been made submitted to the Ministry of Health and Family Welfare. We direct that the representations so submitted be dealt with expeditiously and preferably within a period of one week from the date of this matter. We clarify that we have not expressed any opinion on the merits of the case and it will be open to the union government to take an appropriate view having regard to the entire facts and circumstances.

Petitioners claim that the decision of the NEET MDS to be held on 18 March without determining the internship completion dates is'manifestly arbitrarily'. The Telangana High Court in 2023 issued a directive urging the National Board of Examinations to set a uniform cutoff date across the country for candidates, giving them enough time to prepare. While deciding on a writ for a rescheduling for the entrance exam for 2023, the high court noted that "from the next academic years the respondent will take steps to ensure that all candidates who have finished MBBS/BDS courses across the country a a uniform date is fixed and that enough care is taken in order to ensure that all students are given sufficient time to prepare for NEET." NEET MDS, however, was announced to be held on March 18 with a deadline of March 31 for internship completion. The petitioners were prompted to contest what they alleged was arbitrary by this contrast in dates. The petitioners cite a precedent from 2023, when the deadline to complete internships for NEET-MDS was extended until June 30, 2023. They argue that the decision not to extend a similar courtesy for 2024, without verifying actual internship completion dates, is arbitrary. The National Medical Commission, on the other hand, assessed internship completion dates prior to setting deadlines. This ensured fairness.

Case Details
Aditya Dubey & Ors. v. Union of India & Ors. | Writ Petition (Civil) No. 104 of 2024