Calcutta High Court
Calcutta High Court
Litigation News

Calcutta HC dismisses NEET applicant's challenge to State lockdown on Sept 11-12; directs State to secure her accommodation near test center

"Court is not inclined to go into adjudication on merits of the case urged. Instead, State is directed to provide decent accommodation of one room, to the petitioner and her accompanying either parent", the Court said.

Lydia Suzanne Thomas

The Calcutta High Court has directed the State to provide accommodation to a student writing the National Eligibility-cum-Entrance Test (NEET) and her parents from September 10-14, 2020.

The NEET aspirant had moved a plea protesting the Government's decision to a declare lockdown in the State on the days immediately preceding the NEET, which is scheduled on September 13 (Jayatri Paul v. State of West Bengal).

The petitioner who was to travel to the district of Siliguri from North Dinajpur to take the test on September 13, had assailed the State's declaration of lockdown across the State on September 11 and 12.

Her counsel, Advocate Loknath Chatterjee, argued that the State could declare a lockdown only after consultations with the Centre. A State was permitted only to cordon off areas as containment zones, it was argued based on the latest 'Unlock' Guidelines.

The Court, however, declined to adjudicate on the correctness of the State Government's lockdown declaration.

"Court is not inclined to go into adjudication on merits of the case urged. Instead State is directed to provide decent accommodation of one room, to petitioner and her accompanying either parent."
Justice Arindam Sinha

However, it has directed the State to provide the girl and her parents accommodation in Siliguri from September 10 till September 14.

On these terms, the Court disposed of the petition.

Read the Order here:

Jayatri Paul v. State of West Bengal - Final Order - dated September 9, 2020.pdf
Preview
Bar and Bench - Indian Legal news
www.barandbench.com