Supreme Court refuses to stay NEET ordinance ‘at this stage’

The Supreme Court on Friday refused to stay at this stage the ordinance on the National Eligibility-cum-Entrance Test allowing states to admit students to medical and dental courses in government colleges on the basis of their own common entrance tests and exempting them NEET.

A vacation bench of Justices Prafulla C. Pant and D.Y. Chandrachud, by declining to pass any interim order, put an end to the uncertainty created by the Centre’s flip-flop. The bench said, “An ordinance has been issued. It has the force of a law. There is no legislative incompetence in it. The validity can be challenged, but no interim order can be granted. It cannot be stayed.”

Appearing for the petitioner, Anand Rai, senior counsel contended the May 24 ordinance was brought to upset the May 9 order laying down a “one nation, one test” rule for admissions to undergraduate medical and dental courses across India. He said if the ordinance was not stayed, it would result in hardships to lakhs of students preparing for the exams.

The bench rejected the argument, saying, “This will create more confusion in the minds of students who are to appear (or appeared) for admission... Let the students appear in the examination with some certainty.” The bench said the ordinance’s validity could be tested after the SC’s summer vacation and directed the petitions to be listed for hearing in July.