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Tag: Bombay High Court

Bombay High Court decision to allow 18-year-old girl to retake NEET

The Bombay High Court has granted an 18-year-old girl permission to reappear for the National Eligibility Cumulative Entrance Test (NEET) UG 2023. Dhanashree Jagatap, the aspirant, was unable to complete her exam paper due to a broken wrist. This decision provides a ray of hope for students who are dealing with unforeseen situations that are affecting their performance in important exams. Let us go into the specifics of this case and consider the consequences for future situations.

The Incident and the Plea

Dhanashree Jagatap stated that she arrived at the NEET-UG examination centre on 7 May and fell to the ground due to the rush in the queue. This incident caused a dislocation of her right wrist joint, preventing her from finishing the exam. Jagatap asked the court for permission to retake the exam, emphasizing that she was assigned a writer after receiving medical attention but was not granted more time to complete her paper. As a result, she was unable to complete the final part of the Physics subject.

The Court’s Decision

The vacation bench of Justices Manish Pitale and Neela Gokhale thoroughly studied Jagatap’s case. They recognised her sad circumstances and the impact they had on her capacity to pass the NEET-UG examination. Given the peculiar circumstances surrounding this year’s test as a result of the outbreak of unrest in Manipur, the court agreed to allow Jagatap to reappear for NEET-UG 2023.

Re-examination for Manipur Students

Because of the turmoil in the region, the NEET-UG 2023 examination is being held separately for candidates from Manipur. The re-examination for these students is set for June 6 in Bengaluru, Karnataka. Jagatap will be permitted to take the exam with Manipur students at a specified centre in Bengaluru. The court emphasized that the authorities involved must take the necessary steps to ensure Jagatap has a seamless and convenient examination experience.

Conditions of the Ruling

While allowing Jagatap permission to retake the NEET-UG 2023 examination, the court placed the caveat that he not rely on the results of his earlier try on May 7. The Union government has stated its willingness to allow Jagatap to retake the exam on June 6, if she accepts this condition. The court affirmed this stipulation and ordered Jagatap to write an undertaking within a week saying expressly that she will not depend on her prior NEET-UG 2023 examination attempt.

 

Bombay High Court to give CPS time to respond to state’s medical education notice

The Bombay High Court has ordered the College of Physicians and Surgeons (CPS) to receive all state government documents before it can respond to a show-cause notice issued by the medical education secretary Ashwini Joshi regarding alleged shortcomings in CPS-affiliated institutions. To give the CPS time to receive and review the materials, the hearing, which was initially planned for Tuesday, has been postponed to April 26.

 

The CPS, which provides post-graduate diploma and fellowship programmes, had contested a notice sent on March 14 asking them to demonstrate why their programmes shouldn’t be stricken from the Maharashtra Medical Council Act’s first schedule. Additionally, it asked the high court to approve the continuation of the admissions process, which had been

 

Based on a report from the administrator chosen after the term of the Maharashtra Medical Council expired in August 2022, the warning was issued. The administrator’s appointment was contested, hence his report was unlawful, according to CPS Senior Advocate Ravi Kadam. The entire plan, according to Kadam, is to eliminate us. The judges said that the state had to be given a chance to respond to the case. Kadam pleaded for immediate relief because the hearing was set for the following day, but Joshi refused to approve of counselling.

 

Milind Sathe, a senior state counsel, explained that the delay in admissions was due to the need for the government to guarantee that colleges had the essential facilities, teachers, and personnel. When the judges questioned if the whole record was included with the notice, Kadam said that a small number of papers were delivered on April 5 following the filing of a right to information request.

 

Regarding a previous incident, Kadam stated, “The high court has dealt with her conduct.” Additionally, he noted that the CPS has received favourable evaluations from two central committees, including one headed by cardiac surgeon Devi Shetty. According to Kadam, the administrator who wrote the report has no authority.

 

The justices disapproved of the state, arguing that the CPS must be given access to every material. “You (state) will make sure that they receive every report and recommendation. They will have every single shred of paper from this lady (Joshi),” stated Justice Patel. The CPS wants to begin counselling, Sathe retorted, but Justice Patel directed the CPS to hold off until April 25.