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SC dismisses plea by Punjab, 5 other states to review order allowing NEET, JEE amid Covid pandemic

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The Supreme Court on Friday dismissed a petition filed by six Cabinet ministers from as many non-BJP-ruled states seeking review of its August 17 decision giving the go-ahead to JEE-NEET examinations.

“No case for review is made out,” said a Bench of Justice Ashok Bhushan, Justice BR Gavai and Justice Krishna Murari rejecting

the petitioner ministers’s plea wanting the top court to reconsider its decision declining to postpone NEET-UG and JEE (Mains) examinations amid COVID19 pandemic.

The decision was taken in an in-chamber “hearing by circulation” where no lawyers were present.

The August 17 verdict was delivered by a Bench led by Justice Arun Mishra who demitted office on Wednesday.

The six ministers from Punjab, Maharashtra, Rajasthan, Chhattisgarh, West Bengal and Jharkhand have sought postponement of JEE-NEET exams scheduled for next month.

They had filed the petition in their individual capacity, their counsel Sunil Fernandes said.

The petitioners are Balbir Singh Sidhu (Punjab), Moloy Ghatak (West Bengal), Dr Rameshwar Oraon (Jharkhand), Dr Raghu Sharma (Rajasthan), Amarjeet Bhagat (Chhattisgarh), Uday Ravindra Saman (Maharashtra).

As per the public notices issued by National Testing Agency (NTA) — which conducts the tests, JEE (Main) April 2020 is scheduled from September 1 to 6, while NEET-UG 2020 exam is scheduled for September 13.

The petitioners had requested the top court to reconsider its August 17 decision on conducting JEE-NEET examinations, highlighting the fact that 25 lakh students will cumulatively appear for the two exams at a time when COVID19 cases have crossed 3.31 million.

They said the decision failed to balance the competing but equally important aspects of conducting the exams and safety of students , ie, their right to life as mandatory safeguards had not been ensured during the tests.

The Supreme Court had on August 17 rejected a petition seeking to postpone JEE (Main) and NEET-Undergraduate exams scheduled to be held in September, saying a precious year of students “can’t be wasted”.

“Life has to go on…Life has to move ahead. A precious year of students cannot be wasted,” a three-judge Bench led by Justice Arun Mishra had said, adding that students’ career “cannot be put under jeopardy for long”.

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