SC pulls up Centre, National Medical Commission & NBE for 'last minute' changes to NEET SS

The Supreme Court on September 27 pulled up the Central government, National Board of Examination (NBE) and National Medical Commission (NMC) for making changes in the examination pattern in the eleventh hour. The changes in the exam pattern of Post Graduate National Eligibility cum Entrance Test (NEET SS) Exams, 2021. While considering a writ petition filed by 41 Post Graduate doctors challenging the 'last minute' and 'abrupt' changes, Justice DY Chandrachud and Justice BV Nagarathna questioned the authorities why changes to NEET SS could not be brought about in the subsequent academic year. 

"Mr Sharma, what is the NMC doing? We're dealing with the lives of doctors. You issue notice and then change the pattern?" Justice DY Chandrachud asked Advocate Gaurav Sharma, appearing on behalf of NMC. 

Given the paucity of time, the PG qualified doctors have prayed for non-implementation of the changes in the exam pattern in respect of NEET SS 2021. The doctors held that while the examination was announced on July 23 the changes to the exam pattern was made public on August 31. It may be recalled that NEET SS 2021 is scheduled to be conducted on November 13 and 14.

41 doctors' petition challenges 'last minute' changes to NEET SS 2021

Stating that there was absolutely no reference to the exam and its pattern/scheme or a change with any formal intimation, the doctors contended that neither NBE nor NMC is powered with the right under any statutory provisions to make/approve changes to the pattern of the exam. 

Substantiating their contention, the doctors filed, "In fact, Section 45 of the 2019 Act very clearly stipulates that the NMC shall be bound by the directions on questions of policy as the Central Government may give in writing to it from time to time. In the present case, the Central Government has not given in writing to the NMC any directions to change the exam pattern as it had indicated in its letter dated 25.1.2018 whereby the NBE was 'requested to publish the above pattern for conducting NEET (SS) Exam, 2018 and onwards till further orders'. In the absence of any such 'further orders' by the Central Government, it is respectfully submitted that the exam pattern as provided therein would continue for each year, starting from 2018 and onwards."

"Why has the notice been issued? Students start preparing for super speciality courses months and months in advance. Why is the need to change the same last minute before the exam? Why can you not proceed with the changes from the following year?" Justice DY Chandrachud asked Senior Advocate Maninder Singh, appearing on behalf of NBE. 

Furthermore, highlighting the element of arbitrariness in the decision to change the pattern/scheme of the exam with no notification in advance, the doctors said the earlier pattern was conceptually articulated to primarily test students in subjects of respective expertise. According to the existing NEET SS pattern, 60% of the weightage of marks are from speciality and 40% from generic feeder courses.