Plea filed in Supreme Court against the conduct of All India AYUSH PG Entrance Exam amid COVID-19

A petition has been moved by 17 BAMS/ BHMS doctors in the Supreme Court seeking to quash the notification to hold the All India AYUSH Post Graduate Entrance Test (“AIAPGET”)-2020 on August 29 (Dr Priyanka and ors. v. NTA and ors)..The petition, filed and drawn by Advocate Alakh Alok Srivastava, cites the spiralling number of coronavirus infections to seek the cancellation of the exams. .The Entrance Test is conducted yearly by the National Testing Agency under the aegis of the All India Institute of Ayurveda (AIIA)..Calling the decision to conduct the test "arbitrary and utterly violative of the right to life of aspirants", the petition challenges the examination as violative of Articles 14 and 21 of the Constitution and the Home Ministry's Unlock - 3 Guidelines. The Guidelines mandate the closure of Schools, Colleges, Educational and Coaching Institutions till August 31, 2020..The plea argues that the respondent-authorities would be discriminating against the petitioners in insisting on the conduct of the exams during the pandemic, considering that many other professional bodies have held off their entrance examinations..Apart from this, the exam notification comes less than two months before the actual examination, with not enough examination centres, the petitioners state. .The earlier editions of the test were notified at least two months prior to the test, whereas this year's examination has been notified only seventeen days before the actual examination, it is explained. The petition argues that this unduly discriminates against the petitioners. .The shortage of examination centres is another concern flagged by the petitioners. With the example of Gujarat, the petitioners highlight how many of the examination's centres are situated in red zones or areas with a high density of coronavirus infections. This would increase the possibility of the petitioners contracting the infection and transmitting it to members of their family at risk, such as the elderly and those with comorbidities. The plea states,.“Amid COVID-19 peak, then he/ she or even his/ her family members will be prone to get infected by COVID-19 pandemic, which will be utterly unfair and unjust. Similar situation is there in almost all the states and hence it is not advisable to conduct the captioned Exam during COVID-19 peak.”.The petition further argues that frontline doctors will be deprived of an opportunity to appear for the examination given the situation caused by the pandemic. Many of the aspirants are already in quarantine or infected with the virus, the petitioners point out..Adding on, it is argued that holding the examination at this time would result in a shortage of AYUSH doctors at the frontline because they would be required to quarantine after they travel to other cities for the examination. This would prejudice patients with coronavirus infections as well, the plea urges.."Due to the fact of already being infected by COVID-19 or due to being in quarantine presently, many Doctors (including many Petitioners herein) will be deprived from appearing in the aforesaid AIAPGET- 2020 on 29.08.2020, which will be in flagrant violation of their fundamental right to equality, as enshrined within Article 14 of Constitution of India."Petitioners.The petitioners also state that the notification does not take into account the plight of candidates from States ravaged by floods or the difficulties of those flying in from outside India to write the test. .Questioning why the decision to conduct the examination was taken without consulting stakeholders, the petitioners also note that many States have placed an embargo on holding any kind of professional examination. .In such a scenario, requiring AYUSH postgraduate entrance applicants to take an examination would "unimaginably harass" them, the petitioners aver.