News By/Courtesy: Daksha varshney | 12 Aug 2021 14:46pm IST

HIGHLIGHTS

  • The Court stated that sympathy by itself cannot be a basis for granting any positive recommendations, particularly when it comes to education.
  • The Court pointed out that cut-off dates are not set based on particular claims. Rather, before making a decision, authorities must explore a wide range of choices.
  • The Judge further took note of the position by the National Board of Examination in Medical Sciences that there is no possibility for further extension of cut-off date.

The Madras High Court has refused to extend the deadline for completing the internship that is required for NEET PG candidates. The Court stated that "sympathy by itself cannot be a basis for granting any positive recommendations, particularly when it comes to education." The Madras High Court, while declining to grant relief to a medical student who sought an extension of the cut-off date for completing a medical internship required to write the National Eligibility-cum-Entrance Test (NEET) for Post Graduate (PG) medical admissions, 2021, observed that sympathy alone is insufficient to issue positive directions (GA Vishwajeet v. Union of India and others). It would be difficult for courts to intervene in every such administrative decision, according to Justice N Anand Venkatesh, and decisions like setting a cut-off date are wholly outside the scope of a writ petition filed under Article 226 of the Indian Constitution.

The Court pointed out that cut-off dates are not set based on particular claims. Rather, before making a decision, authorities must explore a wide range of choices. In this case, the Court also noted that the authorities had extended the cut-off date many times in response to the COVID-19 pandemic. The Judge further took note of the position by the National Board of Examination in Medical Sciences that there is no possibility for further extension of the cut-off date. In light of this, the Court cautioned that granting relief to the petitioner could result in confusion if other NEET candidates seek similar assistance. Despite this, the petitioner's CRRI was set to be completed only five days later, on October 4, 2021. As a result, he wrote to the relevant authorities, requesting that the cut-off date be extended so that he may take the NEET PG 2021 exam. After his July 16 representation failed to elicit a favorable reaction, the petitioner went to the High Court. The case was eventually denied by the court, which stated, " "hough this Court has given sympathetic consideration to the petitioner's claim, it will be too difficult for this Court to order the defendants to extend the deadline... As a result of the foregoing consideration, this Court is unable to provide the remedy sought by the petitioner, and so this writ petition is dismissed. There are no fees. As a result, the related miscellaneous petitions have been closed."

The petitioner was represented by R Prem Narayan, an attorney. The Union of India was represented by standing counsel Srinivasamurthy, the National Board of Examination in Medical Science was represented by standing counsel R Thirunavukarasu, and the National Medical Commission was represented by standing lawyer M/s Subharanjani Ananth.

Section Editor: Lucky Sinha | 13 Aug 2021 16:03pm IST

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Tags : #MADRAS HIGH COURT #SYMPATHY #NEET 2021 #JUSTICE A ANAND VENKATESH #NATIONAL ELIGIBILITY CUM ENTRANCE TEST

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