New Delhi: Supreme Court Monday referred to another bench a plea seeking quashing of a recently- promulgated ordinance which allows states to continue with their separate entrance tests for MBBS and BDS courses, besides uniform medical entrance test NEET for academic year 2016-17.
"This (plea) will go to the bench (headed by Justice A R Dave) which is hearing the related matter," a bench comprising Chief Justice T S Thakur and Justice D Y Chandrachud said.
The plea was filed in May end by Indore-based doctor Anand Rai who also claims to be a whistle blower in the Vyapam scam.
Besides seeking quashing of the ordinance which got Presidential assent on May 24, the plea has also sought a stay on its operation as an interim relief.
Referring to Centre's stand to support the single-window National Eligibility and Entrance Test (NEET) for admissions, the plea said the government has now taken a "complete U-turn" which shows "malafides and ill intent towards the process of admission of students who shall suffer the most".
"The normal democratic legislative process involves the people's representatives in the two Houses openly enacting a law after full consideration and discussion, an ordinance seeks to circumvent this procedure for it is drafted secretly in government chambers and is promulgated without an open discussion and hence it becomes even more pertinent that the ordinance-making power is not invoked lightly but only when absolutely necessary to do so, and the situation cannot be otherwise met effectively," it said.
"The present ordinance is a completely contradictory stand by the respondent (Centre) within a span of 4 weeks, this is also a belated stage as the examination itself is to be scheduled within the next 8 weeks as per the Schedule given by the Respondent Union itself and the discriminating ordinance further creates confusion amongst students."
The ordinance keeps state boards out of the ambit of uniform medical entrance examination NEET for the present academic session.
The executive order is aimed at "partially" overturning a Supreme Court order which said the NEET will be held on July 24, the plea said.
Meanwhile, the registration for NEET Phase 2 ended on June 25. Following this the CBSE gave candidates to make correction if any till June 29. The CBSE is now all set to release the Admit Cards/Hall Tickets for the NEET - II to be held in July 24.