Apex court rejects review plea by 6 Opposition-ruled States

New Delhi: The Supreme Court on Friday refused to entertain the review petition of ministers of six Opposition-ruled States seeking review of its August 17 order allowing holding of NEET and JEE physically.

The ministers had claimed that the top court order failed to secure students' "right to life" and ignored "teething logistical difficulties" to be faced in conducting the exams during the COVID-19 pandemic.

National Testing Agency (NTA) which conducts both the exams is holding JEE Mains from September 1 to September 6, while NEET exams will be held on September 13.

The review matters in the top court are usually considered 'in-chambers' through circulation of the petition among all the judges of the bench. The judges then decide 'in-chambers' whether there is any merit in the review petition to re-examine the case in the open court hearing.

The apex court's August 17 order, which allowed the exams to be held has become a political battle as the ministers of six states -- ruled by parties like Congress, TMC, JMM, NCP and Shiv Sena -- sought postponement of the exams "in a manner that achieves the twin objectives of ensuring that the academic year of the students is not wasted and their health and safety is not compromised."

The plea, filed through advocate Sunil Fernandes, said the apex court order fails to satisfy the safety and security concerns of students who have to appear for the exams.

The top court had refused to interfere with the conduct of the medical and engineering entrance exams, saying that life must go on and students can't lose a precious year due to the pandemic.

The apex court had on August 17, dismissed a plea by one Sayantan Biswas and others seeking direction to NTA to postpone them after Solicitor General Tushar Mehta assured that all safeguards would be taken. Terming the decision to conduct the exam as irrational, the plea said that the top court failed to appreciate that the Union government had adequate time to establish at least one centre for every district for NEET (UG) and JEE (Mains) rather than having several centres in one district.

The review petition said the mere fact that lakhs of students have registered for the exam is not indicative of their consent or their willingness or their desire to attend physical exams.

It said the August 17 order is "cryptic, non-speaking" and does not discuss various aspects and complexities involved in a matter of this magnitude.

The plea said that only two reasons given by the court - life must go on and students should not lose an academic year - do not constitute an authoritative and comprehensive judicial scrutiny of the issue.