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3.3. It is the case of the petitioners that they appeared in the HSC examination in March 2016. However, thereafter the Hon'ble Apex Court passed an order on 28.04.2016 in a Writ Petition (C) No.261 of 2016, directing conduct of NEET for admission in First Year MBBS Course for the academic year 2016-17. On 01.05.2016, NEET part I came to be conducted and many of the petitioners appeared therein. Immediately thereafter on 10.05.2016, 'Gujarat Common Entrance Test' (GUJCET) came to be conducted where all the petitioners appeared. However, on representation made by number of State Government and parents, the Central Government came out with promulgation of Ordinance No.4 of 2016 by inserting Section 10(D) in the Indian Medical Council Act, 1956.

9.3. Learned Senior Counsel Mr. Dave thereafter referred to the notification dated 21.12.2010 issued by the Medical Council of India by which HC-NIC Page 31 of 96 Created On Fri Sep 23 02:29:46 IST 2016 NEET examination came to be made compulsory for admission to MBBS and BDS courses across the nation. However, it is submitted that the said notification came to be struck down by the Hon'ble Supreme Court in the case of Christian Medical College, Vellore (supra). Thereafter, the said order was recalled by the Hon'ble Supreme Court on 11.04.2016. Learned counsel thereafter referred to the order dated 28.04.2016 passed by the Hon'ble Supreme Court in Writ Petition (C) No. 261 of 2016 and the order dated 09.05.2016 passed by the Hon'ble Supreme Court whereby it was observed that for taking admission in the medical as well as dental colleges, NEET is compulsory. However, it is submitted that various representations were made to the Central Government by various states and the students inter alia maintaining that though NEET is desirable it should be made applicable from the next academic year 2017-18 so that the students would have sufficient time to prepare for the same. With a view to mitigating the hardship caused to the students on account of sudden introduction of NEET, the Central Government came out with an ordinance No.4 of 2016 on 24.05.2016 by which Section 10D was inserted to the Indian Medical Council Act. Learned counsel referred to proviso to the said Section and submitted that for the current academic year State is permitted HC-NIC Page 32 of 96 Created On Fri Sep 23 02:29:46 IST 2016 to take its own examination for the Government seats.

Thereafter, on 28.04.2016, the Hon'ble Supreme Court passed an order in Writ Petition (C) No.261 of 2016, directing conduct of NEET for admission in first year MBBS course from current academic year 2016-17 and within a period of three days, NEET Part-1 came to be conducted on 01.05.2016.

On 09.05.2016, the Hon'ble Supreme Court passed another order whereby it has been clarified that NEET is compulsory for taking admission in first year MBBS course. However, one more chance was given to the students who did not appear in NEET-1 or though appeared but not performed well in NEET-1.

18.17. Thus, by way of proviso to Section 10D, for the academic year 2016-17, NEET has not been made compulsory so far as government seats are concerned.

18.18. If Rule 3(3) of Rules of 2016 is carefully examined, the same does not seek to apply GUJCET to the management seats but speaks about the eventuality relating to conversion of management seats into government seats. The application of GUJCET with reference to government seats is even otherwise contemplated by virtue of Section 10D of Indian Medical Council Act. At this stage, it is also relevant to note that Section 10D of the Indian Medical Council Act is also challenged before the Hon'ble Supreme Court. However, the Hon'ble Supreme Court has not stayed the operation thereof despite HC-NIC Page 59 of 96 Created On Fri Sep 23 02:29:46 IST 2016 having doubt about its validity in its order dated 14.07.2016. Thus, in view of the above surrender and consequent conversion of management seats into government seats, it cannot be said that Rule 3(3) indirectly allows bypassing of NEET for the management seats and therefore it is in violation of the orders passed by the Hon'ble Supreme Court passed on 28.04.2016 and 09.05.2016. Hence, the said argument of learned senior counsel appearing for the petitioners is misconceived.