SC: Advantage of Krishna Sradha Judgement can be availed if NEET students approach Court immediately

exam student law insider

Greeva Garg –

Published on: August 1, 2021 at 12:05 PM

The Supreme Court of India heard an appeal made by the National Medical Council against the plea filed by the NEET candidates alleging that the students with lesser merit have been admitted in the MBBS course for the academic year 2019-2020.

The division bench comprising of Justice L. Nageswara Rao and Justice Aniruddha Bose stated, One crucial condition for availing benefit of the ‘Judgment S. Krishna Sradha v. State of Andhra Pradesh’ is that the NEET students has to approach the Court at the earliest and without any delay.”

In the Judgment of Krishna Sradha, the Supreme Court has observed, “In exceptional cases, a direction can be issued to grant admission to meritorious candidates to MBBS course even after cut-off date.”

The plea when earlier heard in the High Court, the order was issued, directing the National Medical Council to fill up the vacant seats of the year 2019-2020 by providing admissions to NEET students in the first year for the MBBS course for the year starting in 2020-2021.

Assailing the order, the National Medical Council in its appeal in Supreme Court, contended, “The judgment in Krishna Sradha cannot come to the rescue of the students as they approached the High Court one and a half year after the last date of admission for the academic year 2019-2020.”

The Supreme Court observed that the order passed by the High Court has ought not to have any consideration to the writ petitions filed in regard to the issue.

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