Delhi High Court
Bhavya Arora vs Union Of India And Anr. on 26 May, 2020
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 26.05.2020
+ W.P.(C) 2727/2020 & CM APPL.9503/2020
BHAVYA ARORA ..... Petitioner
versus
UNION OF INDIA AND ANR. .....Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Rakesh Malhotra, Advocate.
For the Respondent: Mr. Dev P. Bhardwaj, CGSC for respondent
No.1/UOI.
Ms. Ameesoldo, Advocate for R-2.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to respondent No.2 (National
Testing Agency) to allow the petitioner to file an application form for
participation in NEET (UG)-2020.
3. The case set up by the petitioner is that the respondent No.2 by
a public notice dated 02.12.2019 invited online applications for NEET
(UG)-2020 to be conducted by it. The last date notified for submitting
the online application was 31.12.2019. The date was subsequently
W.P(C) 2727/2020 Page 1
extended on 31.12.2019 to 06.01.2020.
4. The case of the petitioner is that the father of the petitioner was
unwell from 22.11.2019 to 17.01.2020 and accordingly petitioner
could not submit the online application.
5. Subject petition was filed on 27.02.2020.
6. Learned counsel for the petitioner very candidly admits that the
father of the petitioner was not suffering from any major ailment and
though originally it was suspected that it was a heart problem, later it
transpired that it was a chest allergy.
7. Learned counsel for the petitioner submits that recently by a
public notice dated 15.05.2020 the National Testing Agency has
extended the date for correction of particularly in the online
application form upto 31.05.2020.
8. Learned counsel submits that the National Testing Agency has
also by a public notice dated 19.05.2020 extended the last date for
submission of online application for JEE (Main), 2020. He prays that
similar fresh opportunity should be granted to all students who had
not submitted their online application for NEET (UG)-2020 on parity
with the extension of time for submission of online application for
JEE (Main), 2020.
9. Learned counsel appearing for respondent No.2 submits that the
public notice dated 02.12.2020 had very categorically fixed the last
W.P(C) 2727/2020 Page 2
date as 31.12.2019 which was subsequently extended to 06.01.2020
and since the petitioner did not submit the online application form, no
extension could be granted to the petitioner to submit the online
application after the expiry of the stipulated date. She further submits
that even otherwise the medical record filed along with the petition
does not justify the non submission of the online application within
time by the petitioner.
10. She further contends that JEE (Main), 2020 which is a non
medical examination cannot be treated at par with NEET (UG)-2020
which is an entrance examination for medical students. She submits
that strict guidelines have been laid down by the Supreme Court with
regard to filling up of the medical seats. She further submits that in
case such an opportunity is granted to the petitioner or any such
direction is issued, the entire schedule of examination is likely to get
disrupted. She further submits that the examination has now being
scheduled for 26.07.2020.
11. Learned counsel further submits that the extension of date for
correction of particulars for NEET (UG)-2020 was granted in view of
the hardships faced by the aspirants due to COVID-19 pandemic and
the lockdown issued by the Government.
12. The public notice dated 02.12.2019 had stipulated the last date
for submission of the online application form as 31.12.2019 which
was then extended to 06.01.2020. On 06.01.2020 there was no
lockdown or pandemic of COVID-19 declared in the country.
W.P(C) 2727/2020 Page 3
13. No valid reason is forthcoming from the petitioner as to why
petitioner did not submit the online application prior to 06.01.2020 i.e.
the last date for submission of the form. Even the candid admission of
learned counsel for the petitioner is that the father of the petitioner
was suffering only from chest infection. Even otherwise in terms of
the various judgments of the Supreme Court the schedule fixed by the
National Testing Agency for filling up the seats through the process of
NEET is not to be interfered with and strict timeline have to be
followed for filling up of the medical seats and the course to
commence.
14. No valid ground has been furnished by the petitioner as to how
the petitioner was prevented from submitting the online application
and why an exception should be made in the case of the petitioner for
extension of date. Admittedly, petitioner was not prevented from
submitting the online application because of any action on the part of
the respondents.
15. Reliance placed by learned counsel for the petitioner on the
public notice dated 15.05.2020 is misplaced. The public notice dated
15.05.2020 records that various candidates had demanded for
correction of their particulars and choice of centre cities in the online
application form submitted in view of the COVID-19 pandemic. In
view of the lockdown and the pandemic of COVID-19 various
students have had to shift their residence and accordingly it would
have an effect on the centre cities that have been filled by the
W.P(C) 2727/2020 Page 4
candidates in the online application. Accordingly, there is a rationale
behind the National Testing Agency permitting the extension of date
for correction of the choice of centre cities in the online application
forms already submitted.
16. Further parity sought by the learned counsel for the petitioner
with JEE (Main), 2020 examination based on the public notice dated
19.05.2020, whereby fresh date for submission of online application
has been permitted for the JEE (Main), 2020 is misplaced.
17. Public notice dated 19.05.2020, with respect to JEE (Main),
2020 examination, records that representations were received by
Respondent No. 2 - (National Testing Agency) from various Indian
students who were scheduled to join colleges abroad that because of
the changed circumstances arising out of COVID-19 they were keen
to pursue their studies in India.
18. There is a rationale behind the National Testing Agency
modifying the schedule for JEE (Main), 2020. In my view, no parity
can be drawn between JEE (Main), 2020 which is a non medical
course and NEET (UG)-2020 which is for filling up of the medical
seats. Further, as pointed out by learned counsel for respondent No.2,
the JEE (Main) 2020 examination is an online examination whereas
NEET (UG)-2020 is a paper - pen based examination.
19. NEET (UG) - 2020 is now scheduled to be held on 26.07.2020
and any change in the schedule is likely to disrupt the entire
W.P(C) 2727/2020 Page 5
examination schedule and the date for filling up of the medical seats
and commencement of the course.
20. By way of the present petition and submissions made today,
petitioner seeks to enlarge the scope of the Writ Petition which is not
permissible. Petitioner had admittedly not submitted the online
application form before the cut off date of 06.01.2020 when there was
no hardship faced on account of COVID-19 pandemic. Even
otherwise, petitioner was not required to submit a physical application
form and had to make an online application which could have been
done from any location.
21. I find no merit in the petition and no ground for granting any
relief to the petitioner. The petition is accordingly dismissed.
22. Copy of the Order be uploaded on the High Court website and
be also forwarded to the Parties through email.
SANJEEV SACHDEVA, J.
MAY 26, 2020
rk
W.P(C) 2727/2020 Page 6
