Policy decision cannot be faulted: Karnataka High Court dismisses plea challenging Central govt decision to postpone NEET PG Exam

The Karnataka High Court has dismissed a plea challenging the decision of the Central government to postpone the National Eligibility-cum-Entrance Test (NEET) post-graduation exams, for a period of four months from the earlier scheduled date i.e. April 8, 2021 amid the COVID-19 pandemic. .While dismissing the petition, a Division Bench of Justices BV Nagarathna and Hanchate Sanjeevkumar observed that the policy decision of the Central government to postpone the NEET exam cannot be faulted with. "The decision of the Union of India to hold the Test after 31st August, 2021 in our view, cannot be faulted, inasmuch as the decision would have been on the basis of the opinion of experts and on sound discretion being exercised by the second respondent-Department," the Court said.The petitioner Late GB Kulkarni Memorial Legal Trust (Registered) through its president Dr Vinod G Kulkarni, appearing as party-in-person had challenged the decision of the government to postpone the exams. It was submitted by Dr Kulkarni that the doctors, aspirants for post-graduate studies, are suffering from stress, anxiety and depression as their plans to pursue post-graduation has been unsettled on account of procrastination of the NEET exam. It was further said that when all other examinations are being conducted during the current COVID-19 pandemic, there was no reason to postpone NEET.In addition, it was contended that when permission was sought before the Supreme Court for seeking postponement of NEET, it was declined and therefore, the Central Government could not have unilaterally postponed the Test. Opposing these contentions, the Assistant Solicitor General (ASG) appearing for the Central government, submitted that owing to severe nature of COVID-19 Pandemic, which affected the Country this year, a decision was taken at the highest government level to postpone NEET.The said decision is a policy decision which is very sound and it may not be interfered with by this Court, as it is not an arbitrary decision but was taken having regarded the COVID-19 second wave, he argued. After going through the rival arguments, the Court took note of the fact that COVID-19 pandemic, in the first half of 2021 has been more severe than what it was in the corresponding period last year. "Judicial notice of the fact that, COVID-19 pandemic in the first half of 2021 has been more severe than what it was in the corresponding period last year, must be taken note of. What is known as the “second wave” of the pandemic has affected the people from all walks of life and the number of Covid-19 cases increased tremendously during the months of March, April and May-2021. It is in the middle of such a “second wave” of the pandemic, when it was approaching its peak, resulting not only in high fatalities, but also post-recovery complications has endeared respondents No.2 i.e., Union of India, to take a decision to postpone the NEET to a period after 31st August, 2021," the order said. The Court further opined that the instant scenario is not a case where the said postponement has been made at the last moment in order to adversely affect the aspirants. It was a decision which was taken after serious deliberation owing to the COVID-19 situation, the Court opined. "This is not a case where there is cancellation of NEET this year. It is only a case of postponement of the Test from April-2021 to a period subsequent to 31st August, 2021. It is needless to observe that the said postponement is in the background of the "second wave" of the COVID-19 pandemic and the need to enlist the services of doctors for duties so as to manage the medical facilities and attend to the patients suffering from the disease," it said. The High Court was also of the view that the Supreme Court had declined to approve postponement of the exam last year as the pandemic was not as severe last year. "The Hon’ble Supreme Court declined to approve postponement of the exam last year as the pandemic was not as severe last year, the doctors including NEET aspirants were not requested to perform duties during this “second wave” of the pandemic. But, if such doctors have offered their services during the period April-July, then they would require time to prepare for the Test. Hence, the postponement of NEET to beyond 31st August 2021."On these grounds, the Court dismissed the plea. .[Read Judgment]