SAUMITRA GIGODIA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) As per regulations framed under the Indian Medical Council Act, 1956 as amended in 2016 and the Dentist Act, 1948 as amended in 2016, the National Eligibility-Cum-Entrance Test (UG) (Session 2017-18) [hereinafter referred to as NEET (UG) 2017] was to be conducted by the Central Board of Secondary Education (CBSE) for admission to MBBS/BDS courses in India in Medical/Dental Colleges run with the approval of the Medical Council of India/Dental Council of India under the Union Ministry of Health and Family Welfare, Government of India. In order to be eligible for admission in MBBS/BDS courses, it was necessary for the candidates to obtain minimum marks in NEET (UG) 2017. The admission in MBBS/BDS courses was based solely on the marks obtained in the NEET.

(2.) The responsibility of the CBSE was limited to the conduct of the entrance test, declaration of result and providing All India Rank to the Directorate General of Health Services, New Delhi for counselling of 15% of All India Quota Seats and providing the result to the State Counselling Authorities.

(3.) The entrance test consisted of one paper containing 180 objective type questions (four options with single correct answer) from Physics, Chemistry and Biology (Botany & Zoology) to be answered on the specially designed machine-gradable sheet using Ball Point Pen provided by CBSE at examination centre only. The question papers for the test was based on a common syllabus notified by the Medical Council of India. The CBSE was required to display OMR sheets and responses credited by the machine of all the candidates on its official website. The candidates were also allowed to submit a representation against OMR grading on payment of Rs.1000/- per response challenge. It was also intimated in the Information Bulletin that the deposit of Rs. 1,000/- per response would be refunded to the candidate in the event his/her challenge was accepted by the Board. In the information Bulletin it was also indicated that to be eligible for admission the candidate was required to obtain a minimum of 50% marks in the NEET examination. It was also indicated that for each question four marks would be awarded and one mark would be deducted in the event a candidate gives a wrong answer.