Pvt Class 12 candidates can take NEET: HC

A division bench comprising Justice S Manikumar and Justice Subramonium Prasad in its order held, “Having regard to the directions of the Supreme Court and as much as the impugned provisions are stayed by this court, and consequential directions have been issued, we make it clear that the same should be made applicable to all the candidates, who have passed 10 + 2 from Open School or private.”

As per the case, the petitioner had sought to stay Clause (d) of the qualifying criteria and Clause 4(a) set out in the prospectus as both clauses have made candidates who have passed Class 10 or 12 from open school ineligible to either appear for NEET or apply for MBBS course. The plea also sought for a direction to call the petitioner for counselling based on her on-line application dated June 12.

Senior Counsel Nalini Chidambaram appearing for the petitioner cited a Supreme Court order in a batch of Special Leave Petitions (SLPs), which held that students could be allowed to participate in the counselling to be held in the ensuing summer vacation on the basis of merits and that their participation and admission, if any, shall be subject to the result of the SLPs moved.

It was also pointed out that the State of Kerala has permitted students from open school or as private candidates to appear for NEET for admission to professional degree courses. Similarly, University of Delhi and Government of Puducherry has permitted the above category candidates for admission, the plea contended.

Based on this the bench granted an interim stay on both the clauses after holding “As rightly contended by the senior counsel for the petitioner, having the knowledge of the order of the Supreme Court, candidates who have passed HSC or its equivalent from the Open School, could have been permitted to participate in the counseling process, subject to the outcome of the SLPs, instead of prohibiting them from even making an on-line application.”

The bench also granted the petitioner relief as sought for by restraining the Selection Committee, Directorate of Medical Education, Chennai, from rejecting her online application for a MBBS seat. The plea has been posted for further hearing to July 15.