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Delhi High Court - Orders

Siddharth Mittal vs Union Of India & Anr on 22 July, 2021

Author: Prateek Jalan

Bench: Prateek Jalan

                          $~111 (2021 Cause List)
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 6862/2021 and CM APPL. 21672/2021 (for directions)
                                 SIDDHARTH MITTAL                                    ..... Petitioner
                                              Through:           Mr. R.K. Saini, Advocate and Mr.
                                                                 Ankit Singh, Advocate
                                                            versus
                                 UNION OF INDIA & ANR.                             ..... Respondents
                                               Through:          Mr. JPN Shahi, Sr. Panel Counsel
                                                                 for R-1/UOI.
                                                                 Mr. Kirtiman Singh, CGSC with
                                                                 Mr. Waize Ali Noor, Ms. Taha
                                                                 Yasin, Advocates for R-2/NBE.
                          CORAM:
                          HON'BLE MR. JUSTICE PRATEEK JALAN

                                              ORDER

% 22.07.2021 The proceedings in the matter have been conducted through video conferencing.

1. The petitioner aspires to take the National Eligibility cum Entrance Test (Post Graduate) ["NEET-PG"]. He has completed the MBBS course, and will complete his internship in September, 2021.

2. The NEET-PG examination is normally held in January of each year. In view of the COVID-19 pandemic, the National Board of Examinations ["NBE"] was unable to hold the examination in January, 2021. It issued a bulletin on 23.02.2021 proposing to hold the examination on 18.04.2021. At this stage, the NBE prescribed that the candidates would have to complete their internship by 30.06.2021. As the petitioner was not eligible, he did not apply to take the examination. The Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 6862/2021 Page 1 of 2 Signing Date:23.07.2021 10:26:04 examination has since been postponed to 11.09.2021.

3. In these circumstances, the petitioner has made several representations seeking permission to take the examination as he will be eligible to start the course in accordance with the postponed schedule.

4. Mr. Kirtiman Singh, learned counsel appearing on behalf of the NBE on advance notice, submits that the date of the examination and the qualification are set by the National Medical Commission ["NMC"], and the NBE is only the examining body. Mr. Singh also states that a similar petition is pending before the Madras High Court.

5. In these circumstances, let a copy of this petition be served upon Mr. T. Singhdev, learned Standing Counsel for the NMC. Mr. R.K. Saini, learned counsel for the petitioner, will ensure that service upon Mr. Singhdev is effected by tomorrow. Learned counsel for the respondents are requested to take instructions and assist the Court on the next date of hearing.

6. List on 29.07.2021.

PRATEEK JALAN, J JULY 22, 2021 'j' Signature Not Verified Digitally Signed By:SHITU NAGPAL W.P.(C) 6862/2021 Page 2 of 2 Signing Date:23.07.2021 10:26:04