The Supreme Court on Friday declined to stay the re-test, to be conducted by the National Testing Agency (NTA), for 1,563 candidates, who had appeared in the NEET-UG 2024, or postpone the counselling, for various medical courses, scheduled to commence from July 6.
A bench comprising Justices Vikram Nath and S V N Bhatti said that the petitioners’ should wait for the final outcome in the matter and if they were to win the case then the entire exam can be set aside. A counsel, representing a petitioner, urged the court to issue a direction to stay the re-test and added that the NTA had withheld material information from the court.
He argued that out of the 1,563 candidates, 753 had already failed. The counsel stressed that candidates would have to undergo stress if they would have to re-appear for the exam.
“Nothing will happen now. Everything can be set aside. When there is a chance of setting aside the May 5 main examination, where is this question of (re-test for) 1,563 candidates?” said the bench. The apex court has fixed various NEET-related petitions for hearing on July 8. The apex court was informed that the first schedule of the counselling will last about a week.
The counsel argued that the candidates, who are appearing for the re-test, are getting a second shot at the examination, which was unjust and unreasonable against the backdrop that there are qualified candidates who would like to reappear.
At this juncture, the bench asked the counsel, “Your argument is that some candidates who have failed are being allowed to take the retest?”, and further queried, “Now, you are saying that those who are going to appear in the second examination are under stress”. The bench told the counsel that these two arguments were completely contradictory.
Another counsel urged the apex court to put on hold the counselling for two days. The bench, not keen on entertaining this contention, told the counsel, “Counselling is not open and shut. It is a process….”.
Regarding the process of counselling, the bench observed the candidates have options to amend, modify, or whatever they want to do and after they freeze, then only it proceeds to the next stage. The bench said it is not allowing time to be either lost by the petitioners’ or the authorities concerned.
A counsel, representing a petitioner with a rare medical condition, argued that the candidate did not get sufficient time for the exam. The bench asked the NTA to take a decision on his representation regarding a re-test and to inform him of the decision by 4 pm Friday.
