NEET case!

[updated: 13th May 2013 3:15 p.m. IST]

Thank you ADrPlexus and PGBlazers for the continuous updates on this abysmal case that is going on nowadays in Supreme Court, India. I thought of consolidating all of the updates by ADrPlexus on facebook in one place.. I will keep updating this post.. I’ll be also using PGBlazers as a source [update: 12th March 2013].

I have just copy pasted the updates.. Readers may briefly go through them to see the situation of the legal system in India! :-\

Supreme Court was to hear the case from 15th to 17th January 2013 and give a verdict by 17th and the results were to be out by the end of Jan.. FYI look at the last update to see what date the last update was for this case..

So here it is:

JAN 15,2013 : Supreme Court Proceedings — > Argument of all cases started and it is still continuing. Argument will continue tmrow also

NOTIFICATION: Doctors are gathering for a rally/dharna on 16th JANUARY 2013 at 4.00 PM OUTSIDE SUPREME COURT @ THE ENTRANCE.. To show support For NEET PG IN ORDER TO GET THE ATTENTION OF MEDIA FOR THE CAUSE!!

JAN 16,2013 : Supreme Court Proceedings – Argument is still going on in respect of MINORITY INSTITUTIONS… Argument will be continued by the senior most lawyers of other minority institutions tomorrow…Hearing ,likely to be continued next week also, pertaining to institutions governed by other private universities and state governments…..SO DO NOT EXPECT FINAL VERDICT ON JAN 17,2013

Jan 17,2013 – NEET-PG : Supreme Court Proceedings : Minority Institutions requested for interim orders for starting admission process . MCI lawyer started arguments on the points raised by the lawyers of Minority Institutions. However the supreme court has postponed the case for tmrow 2 PM.

JAN 18,2013- NEET-PG PROCEEDINGS — Case Hearing postponed to Tuesday January 22,2013. Still hearing from minority institutions is going on & on & on . Meanwhile MCI Lawyer requested Honourable Judge to grant permission for releasing NEET-PG results on Jan 31 since there are only four working days. But Judge refused to give permission to MCI to release results on JAN 31,2013 and said decision will be taken on Jan 22,2013. Hearing from State GOvt and other private universities not yet started…

JAN 22,2013 -NEET-PG Suprem Court : Case hearing will be taken only tomorrow.

Jan 23,2013 : Supreme Court Proceeding : Additional Govt Pleader started to reply for the counters filed by the minority institutions but the Supreme Court Judge postponed the case to next week Jan 30,2013 for final hearing. Stay on release of NEET-PG results continues.

JAN 28 , 2013 : NEET-PG : Doctors protest for common entrance examnation at jantar mantar from 4pm-7pm

Jan 30,2013 : Supreme Court Proceedings : NEET-PG case was not taken up for hearing in morning session. Will have to wait whether the case will be listed after 2:30 pm

JAN 30,2013 : Case was not taken up for hearing today also. MCI Lawyer pleaded for taking up the case as they have to publish NEET-PG results on Jan 31,2013 . However the Supreme court Judge posted the case for tomorrow.

JANUARY 31,2013 : NEET -PG Proceedings :Heated Arguments continued in supreme court and senior most lawyers on behalf of Minority and private institutions insisted that MCI has no power to conduct National Level entrance exams. After hearing the arguments Judge postponed the case to February 5,2013. Stay on NEET-PG results continues. Results of NEET-PG will not declared till February 5,2013. Stay for release of TNPG 2013 results also exists. So do not expect the release of TNPGMEE 2013 results till February 5,2013.

FEB 3, 2013: NEET-PG Proceedings Summary

1. Totally 13 hearings have occurred with respect to NEET-PG.

2. First Four days Mr. KK Venugopal (KKV) appeared on behalf of four minority institutions -> one among them is Meenakshi University and two institutions from Andhra Pradesh

3. Rest of the hearings was dominated by Mr Harish Salve on behalf of CMC, Vellore.

Around 160 points from the two cases was dictated line by line

(i) TMA Pai Foundation v.State of Karnataka.

(ii) PA Inamdar v. State of Maharashtra reported in (2005) 6 SCC

537.

Mr Harish Salve has requested for two more days of hearing . After this hearing , TN Govt and AP Govt and rest of the private and deemed institutions cases will be taken up for hearing.

Since All the points regarding NEET-PG was summed up by Mr Harish Salve , rest of the hearing will take less than 7 days. If the case is listed everyday , you can expect the final verdict on or after FEB 15,2013. Though MCI lawyer was requesting for interim orders to release results of NEET-PG , permission was not given so far…….

FeB 5,2013: Mr Harish Salve continued with his arguments quoting T.M pai case and inamadar case right from 10:30 am. Case is again listed for afternoon session 3 am. He wil continue for evening session also.Shall update in the evening

NEET PG 2013 : February 5,2013 : 3PM Session : Mr Harish Salve finished his arguments for today. But Later said that he needs one more day of hearing for summing up his arguments. Supreme Court judge has posted the case for next hearing on FEB 7,2013

NEET-PG Feb 7,2013 : Case hearing still going on and will continue in afternoon session till 4 PM. Mr Harish Salve will place his final arguments today in the court. Shall Update about the hearing at 4:45 pm.

One thing for sure , NEET-PG verdict will be one of the landmark verdicts which will regularize Medical Admissions in INDIA.

For the first 12 hearings , The Bench consisted of following Judges

1. Honble Chief Justice of India

2. Honble Justice Mr Chelameswar

3. Honble Justice Mr Vikramjit Sen

The last two hearings was taken up by a bench of following judges

1. Honble Chief Justice of India

2. Honble Justice Mr Anil R. Dave

3. Honble Justice Mr Vikramjit Sen

The point to be noted is that Mr Anil R.Dave , is one of the best Judges respected in INDIA known for his land Mark Judgements in most sensitive cases involving the nation. We are very sure that the verdict will be a landmark judgement which will regularize medical admissions in INDIA. Do Not lose your patience. All Landmark judgements needs hearing from both sides so that equal opportunity is given for everyone to place their arguments. As far as our source still hearing from state governments and other deemed private universities are pending. Verdict cannot be given in bit and pieces. It can be given only after all hearings. If there is any interim orders for release of NEET-PG 2013 results , we will get back to you @ 4:45 PM.

NEET PG : FEB 7,2013 » Case hearing has been postponed to FEB 12,2013. Mr Harish Salve will speak for one more day. Shall update after 5 pm today

NEET -PG 2013 supreme court proceedings : Feb 7,2013 Mr Harish Salve proceeded with his arguments for 20 minutes in morning session n 15 more minutes in evening session . He requested for two more days of hearing. Judge has postponed the case to Feb 12,2013 tuesday . According to our source, there will be continuous hearing from Feb 12,2013 to Feb 14,2013. And the good news is that final verdict most likely on Feb 15,2013 in order to start the all india counselling as announced in mohfw.nic.in

NEET PG 2013 : Feb 12,2013 Mr Harish Salve will be continuing with his agreeements till 2:55 pm.Today Mohfw notification about all india counselling was informed but judge refused to give any interim orders for release of results and verdict will be given only after hearing all cases. Shall update more about today’s hearing after 3:30pm

FEB 12,2013 : NEET-PG Supreme Court Proceedings . Mr Harish Salve will be speaking for one more day. Meanwhile Mohfw Notification about proposed All India Counselling 2013 was informed to Judge But SUpreme Court judge refused to hear any prayers regarding interim orders until the full argument is over. Next case that will be taken for hearing is deemed universities and other private medical colleges. Only after this hearing Tamil Nadu and AP state govt case will be taken up for hearing. Case hearing has been postponed to Tmrow FEB 13,2013. Shall Update more about today’s hearing after 5PM

FEB 13,2013 : Finally Today Mr Harish Salve completed his arguments with regards to Aided Minority Institutions at 11:15 am. From 11: 30 onwards Mr KK Venugopal ( KKV ) started his arguments on behalf of Unaided Medical Institutions ( Tagore Medical College) Argument is still going on. Shall update about the hearing @ 4:00 pm . Most likely KKV will finish his argument today and most likely TN State Govt hearing will take place tomorrow

FEB 13,2013 : NEET PG SUPREME COURT PROCEEDINGS – Mr KKV spoke on behalf of UNAIDED MEDICAL INSTITUTIONS ( Meenakshi Medical College , Tagore Medical College and two other colleges from Andhra Pradesh ). At the end of the day Mr KKV requested for two more days of hearing . He will be continuing tomorrow FEB 14,2013. We are extremely sorry to say that Tamil Nadu Case Hearing will happen only on Feb 19,2013 . Please Do Not expect any final verdict or any orders for release of NEET-PG results till FEB 19,2013. Now the Chance for starting counselling as per MOHFW website is very less.

FEB 14,2013 : NEET PG SUPREME COURT PROCEEDINGS – Today Mr Mohan Parasaran spoke on behalf of UNAIDED MINORITY INSTITUTIONS for the full day. Mr Rajeev Dhawan will be speaking for next two days from FEB 19,2013 on behalf of unaided minority institutions. As per our information source , MCI lawyer (Mr Amit Kumar ) will give his counters only from FEB 26,2013. He might take 3 days for completing his arguments. So Now its 100 % sure that final verdict can be expected only in the month of MARCH , 2013 .

NEET-PG 2013 : Supreme Court Hearing Updates –> Mr Dhawan will be speaking on FEB 26,2013 . MCI lawyers will be arguing on FEB 26 , 2013 , FEB 27 , 2013 and most likely there is a possibility for interim orders for release of NEET-PG result . Tamil Nadu Hearing will take place only after MCI arguments are over. Hopefully we can expect the NEET-PG in 1st week of MARCH – Source of information is authentic

FEB 26 , 2013 : NEET-PG Supreme Court Proceedings : Mr Dhawan continued his arguments upto 1:30 pm today. He will continue in the afternoon session from 2:30 P.M onwards. Shall Update after 4:30 PM

FEB 26 ,NEET PG 2013 : Mr Dhawan will be continuing tmrow also. The Judges ordered Mr Dhawan to file the written statement of the arguments made by him . It will be followed by Mr KKV representing some of the private medical institutions from North INDIA. It will be followed by MCI lawyer . Hopefully if the hearing continues for the next two days , we can expect interim orders for releasing results in march 1st week.

FEB 27,2013 NEET-PG Hearing . Mr Dhawan continued his arguments upto lunch session . He will continue in afternoon session . CJI has granted only 20 minutes in afternoon session as he has to take other cases.. MCI lawyers are just hearing the arguments made by senior counsel Shall Update after 5 PM.

NEET-PG 2013 Supreme Court Proceedings FEB 27,2013 : MR Dhawan will continue tomorrow for another 30 Minutes . Most probably from tomorrow onwards Tamil Nadu case will start. Senior Most Lawyer Mr L Nageshwara Rao will start his arguments on behalf of Tamil Nadu……MCI lawyers Amit Kumar and Nilesh Gupta are yet to start their arguments

Sr. Counsel Dr. Rajiv Dhawan was requested to file the written statements of the arguments made by him .

Do Not expect any kind of mercy in legal arguments. The Supreme court has heard only one side of arguments. MCI lawyers are yet to begin their arguments. Their arguments will most probably start in March 1st week.

We cannot predict judgments. It is completely in the hands of CJI . Everyday hearing is a surprise.

But These are the legal possibilities.

1. NEET-PG 2012 exams (Nov 23 –Dec 6 ) can never be declared as null and void since 90K doctors have already taken the exam.

2. The only possibility if MCI loses the case is that NEET-PG 2012 will be considered as ALL INDIA EXAM.

Shall Update today after 5:30 PM.

FEB 28,2013 : NEET -PG Supreme Court Proceedings Listed as Item No : 3

1. Mr Harish Salve will speak on behalf of Ramachandra University

2. Mr KKV will speak for Meenakshi & few private universities from Karnataka

3. After that Tamil Nadu hearing will take place.

Morning Session : Mr Harish salve Completed his arguments on behalf of SRMC , Chennai . Tamil Nadu Case hearing started . Mr L N Rao started with strong points against NEET-UG . He will continue in afternoon session also.

Mr Ajay completed his arguements on behalf of SRMC. Mr L N Rao completed his arguments on behalf of Tamil Nadu. It was followed by Mr P P Rao on behalf of Andhra Pradesh and case hearing for Andhra Pradesh was also completed today. Mr KKV will continue on March 5,2013 on behalf of meenakshi university.

NEET-PG 2013 : Supreme Court Update : Mr KKV started his arguments at 11:15 am and will continue in the afternoon session also. He is expected to speak for two days. MCI Lawyers will speak on March 12,13 & 14. As of now, there is no chance for interim orders for release of results. Shall try to update about today’s discussion after 7 PM

MARCH 6,2013 ->NEET – PG 2013 > Mr KKV continued in the morning session . Today ,For the 20th time , MCI lawyers has requested for the release of NEET-PG results through interim orders. We have to wait for afternoon session regarding the decision for interim orders …If we get any authentic confirmation , we shall update you guys…..As of Now chances for giving interim orders is very bleak

March 6, 2013 : NEET-PG Supreme Court Proceedings : Case has been postponed tomorrow . Tomorrow , Mr KKV will speak for another 30 minutes .Most probably MCI lawyers will get a chance to speak on March 7,2013 afternoon session.

March 7, 2013 : Supreme court Proceedings : Mr Giri Spoke on behalf of Private Medical Colleges from Kerala . Mr Guru Krishna Kumar Spoke on Behalf of private colleges from Rajasthan and Uttar Pradesh . Case has been postponed to March 12,2013. Discussion for interim orders was again rejected.

March 12, 2013: ADrPlexus didn’t post any update. The NEET case wasn’t taken up today. Maybe postponed to tomorrow. Apart from that, an article titled ”Applicability of NEET in Andhra Pradesh : Official statement by Shri Ghulam Nabi Azad, Minister for Health & Family Welfare” can be read here.

March 13, 2013: As the Hon’ble Chief Justice of India is not available today, the NEET case wont be taken up today. Expected date 19th March.

March 19, 2013: Case wasn’t taken up today. Expected date of next hearing is April 2, 2013.

April 2, 2013: Case wasn’t taken up today. Next hearing on 3rd April.

April 3, 2013 : NEET-PG Supreme Court Proceedings –>Senior Counsel Mr KKV argued the case and prayed for interim orders in NEET-PG 2013 by today itself.. He stressed that Almost All doctors are waiting for the results of NEET-PG. So Finally the bench , promised to give an interim order for release of NEET-PG and deemed university results by tomorrow. We shall closely watch the proceeding tomorrow and shall update you regarding case hearing. Hopefully the long wait for results ends by tomorrow.

April 4, 2013 : Today All Lawyers argued regarding Interim Orders for publishing results for the exams conducted by NBE and all other deemed universities. MCI requested strongly opposed the declaration of results of all other universities and state governments and requested court to give interim orders only for declaration of NEET-PG 2013 results to facilitate 1st Phase of ALL India Counselling. MCI lawyers insisted the delay of counselling process due to the delay of declaration of results . They also brought in the issue of cut-off date ( MAY 31,2013 ) fixed by MCI for admission in PG courses.
Upon hearing all the arguments the bench decided that NO INTERIMS ORDERS for declaration of results for both the sides will be given until completion of all arguments and also said that if arguments are not over within the stipulated time interval (i.e.) before May 2013, the cut-off date fixed by MCI should be relaxed . MCI Arguments is likely to continue from NEXT Tuesday and they will continue till next Thursday April 11,2013.

April 9,2013 : NEET-PG 2013 : Three senior most counsels appeared on behalf of MCI . Mr Gupta replied on the averments put forth by the Private universities and other minority institutions . Case hearing will be continued tomorrow April 10,2013

APR 11, 2013 –> Case Hearing has been postponed to APR 16,2013 .Today there was no hearing. MCI lawyers quoted judgements from T.M Pai and Inamadar case and stated that all minority institutions and private deemed universities have indulged in widespread irregularities pertaining to medical college admissions for the past 10 years.

1. According to T.M Pai case , All Medical College admissions in Private/Deemed/ Minority institutions should be monitored by TWO state committee’s headed by retired judges to prevent malpractices in admission processes

2. These state committees are absent in most of the INDIAN states except for few states like Tamil nadu , Karnataka, Maharashtra and Andhra Pradesh

3. Most of the functioning state committees never prevented the alleged irregularities in medical education.

4. MCI had to opt for NEET-PG/UG as the only alternative to regulate the malpractices of Private/Deemed/ Minority institutions

5. Since this is a centralized exam for gaining entry into UG/PG courses gross malpractices can be prevented and also added that only NEET-PG/UG score will taken as criteria for gaining entry into merit list. All private colleges and deemed universities should admit only on the basis of NEET-PG /UG scores and there shall not be any additional interviews or additional exams for determining merit. Shall post the complete arguments on APRIL 15,2013

April 15th: An update from a different source, (could possibly be a rumour):

A senior officer from Medical Education Department said, “As per the SC order, admissions for post graduate seats must be completed by May 30. But due to the case hearing on NEET, there is a possibility of extending the last date to June 30. There will be no compromise on ensuring that students get maximum time for seat selection process.” “The judgment on NEET will be heard on Thursday and soon, counselling will begin. If there is a paucity of time, the government may decide to conduct just one round of counselling to complete the admissions,” the official said.

April 16th, 2013: Case wasn’t taken up today. Next hearing is on 23rd April 2013.

April 23rd, 2013:  Supreme Court Bench asked the senior counsel to summarize the arguments of NEET-PG proceedings.. Mr HARISH SALVE argued from 11 am – 12 noon , followed by Mr KKV from 12 Noon. MCI lawyer will be summarizing their arguments after LUNCH. Further as Justice Verma’s funeral is also to take place today at 4.30 pm and the bench is till 3pm itself we don’t anticipate an order today
however the order NOW LOOKS A possibility on Thursday 25th. MCI written submission can be found here ..

April 25th, 2013:  NEET-PG, Supreme Court final day of hearing started around 11:30.

( 11: 30 am – 1 pm ) : NEET -PG Supreme Court Proceedings :

1. MCI Lawyer finished his arguments .

2. It was followed Mr. Siddharth ( addl Solicitor General ) on Behalf of central Govt

3. Bench had given last and final 25 minutes of hearing from ( 2:25 to 2:55 pm ) for another senior lawyer on behalf of CBSE for NEET-UG Case

NEET -PG case hearing was not taken up in afternoon session. Most Probably Case has been postponed to next Tuesday APR 30,2013 & CBSE Lawyer will be given chance to speak about NEET-UG . Since the verdict will be for both NEET-PG and NEET-UG , hearing from CBSE lawyer has to take place before final verdict.

April 30th, 2013: Finally A Big Day for NEET-PG aspirants . All arguments came to an end . After CBSE Lawyer arguments , All senior counsels filed rejoinder to the MCI arguments. Every senior counsel was given 2 -3 minutes to consolidate their points.

After Hearing all arguments, the bench reserved judgment. As such the bench didn’t give any specific date for judgment.

Most probable date for FINAL VERDICT is MAY 9 , 2013 ( News Yet to be Confirmed ). NEET-PG results will be released only after final Verdict (rumoured 10th May). So Wait for NEET-PG results continues.

May 9th, 2013: Case wasn’t taken up today. Supreme court goes for Summer Vacation from 13th May. Hopes for verdict on 10th May are not much.

May 10th, 2013: NEET -PG 2012 : SUPREME COURT PROCEEDINGS : – Today Senior Counsels Mr KKV , Mr LN Rao and Mr Parasaran met Hon CJI and represented for passing atleast interim orders before vacation of supreme court. Hon CJI , refused to give interim orders on NEET-PG and the plea was rejected and announced that NEET-PG/UG final verdict will be delivered only on JULY 2,2013 ( 1st working day after Vacations )

The May 10th post by ADrPlexus has been questioned now. Even “The Hindu” said that verdict was postponed till 2nd of July 2013. But according to some new developments, the case has been listed in the Supplementary causelist of the Supreme Court for 13th May 2013. The causelist can be viewed here.

13th May 2013: INTERIM ORDERS :
1. NEET-PG 2012 results can be declared
2. Entrances conducted by all private colleges , deemed universities can be declared
3. Final Verdict of NEET-PG 2012 will be given only on JULY 4 , 2013

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