The Delhi High Court on February 18, 2019, issued notice on a plea seeking a direction to respondents to re-evaluate and revise the result of the NEET (Post-Graduate) for admission to MD/ MS/ Post Graduate Diploma Courses for 2019 and to publish a fresh merit list on the basis of the re-evaluation.
A Single Judge Bench of JusticeC. Hari Shankar issued notice in this regard to the Ministry of Health and Family Welfare and the National Board of Examination (NBE).
The petition was filed by 17 doctors who appeared in the post-graduate NEET and found serious discrepancies in marks awarded to them. In the petition, the petitioners have also sought a direction to the respondents to publish question papers, answer keys and response sheet of the petitioners.
Before approaching the Delhi High Court, the petitioners put up a request to the Ministry of Health and Family Welfare and the NBE. Recourse was also sought under the Right to Information Act, 2005, requesting the NBE to furnish question papers, answer keys as well as their response sheets. However, NBE rejected their request saying that no information would be provided under the Right to Information Act as they themselves agreed to the non-disclosure clause included in the NEET admission brochure 2019 while applying for the examination.
The petitioners through their plea claimed that the non-disclosure clause in the admission brochure to MD/ MS/ Post Graduate Diploma Courses 2019 prejudicially affects the legal rights of the petitioners and that non-disclosure clause in the admission brochure is arbitrary and violative of fundamental rights.
Advocate Neha Rathi, the learned counsel appearing for the petitioners submitted before the court that without the question paper, answer key and the response sheets, it would be impossible for the examinees to ascertain if they have been awarded the correct marks. Thus to ensure accountability and transparency and to uphold faith in the institution it is important to furnish the requisite information.
The court has posted the matter for further hearing on March 19, 2019.
