In an encouraging step for systemic accountability, the Delhi High Court has, while issuing notice to the National Board of Examinations (NBE) and Ministry of Health & Welfare, instructed them to prepare all necessary documentation (question papers, answer key, answer sheets, etc.) that formed the basis of the results of the NEET PG-2019 within two weeks. Justice C Hari Shankar was hearing a petition filed by 17 doctors disputing the results of the National Eligibility-cum-Entrance Test (Post-Graduate) (NEET PG) 2019, and demanding a fresh merit list based on re-evaluation and revision.
The petitioners have also sought a direction to publish question papers – with answer keys and response sheet of Petitioners having appeared in the National Eligibility cum Entrance Test (Post-Graduate) for admission to MD/ MS/ Post Graduate Diploma Courses 2019 - conducted by the National Board of Examination.
Advocate Neha Rathi argued that without the relevant documentation, there is no way to determine whether the examinees were evaluated correctly and that the 17 petitioners were merely representative of the thousands of candidates who allege that they have not been marked correctly. These candidates also alleged that there is a discrepancy between the number of questions that they attempted and the number of questions on which they were eventually evaluated.
Another prayer in the petition was a direction to set aside clauses 3.22 and 11.2 of the National Eligibility cum Entrance Test (Post-Graduate) for admission to MD/ MS/ Post Graduate Diploma Courses 2019 brochure issued by the National Board of Examination being arbitrary and malafide; violative of fundamental rights guaranteed to the Petitioner under Article 14 and 19 (1) (a) of the Constitution of India and also being de hors and ultra vires the provisions of the Medical Council of India Act, 1956 & Clause 9 of the Post-Graduate Medical Education Regulations, 2000 framed thereunder
The petitioners initially sought a response from the NBE regarding these allegations, with some of them even filing RTI applications. But the NBE orally denied these RTI applications, citing non-disclosure clauses [3.22 and 11.2] found in the brochure of NEET PG for admission to MD/MS/Post Graduate Diploma Courses 2019, which was issued in November 2018.
The petitioners argued that clauses 3.22 and 11.2 violate Articles 14 and 19(1)(a) of the Constitution of India as they were arbitrary and ultra vires as they fall outside the scope of the Medical Council of India Act, 1956 and the Post-Graduate Medical Education Regulations, 2000. As such, the petitioners requested that the court duly strike down these clauses. They also requested that the court stays the process of selection (cum counselling) on the basis of NEET PG-2019 while the matter is being decided.
Justice Hari Shankar has instructed the NBE and Ministry of Health & Family Welfare to prepare both the necessary documentation as well as their responses to the petition by the next hearing on Tuesday (March 19).
Reference: live law
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