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NEET 2018: CBSE files appeal in Supreme Court against Madras HC order on grace marks

4 months ago
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NEW DELHI, July 16: In a welcome development for all NEET qualified candidates worried about the status of their MBBS and BDS admissions, the Central Board of Secondary Education (CBSE) has decided to file an appeal against the order passed last week by the Madurai Bench of the Madras High Court, as per which 196 grace marks were to be awarded to all candidates who had appeared for the exam in Tamil.

As tweeted by noted education activist Dr. Amit Gupta, “CBSE today filed a case in Supreme Court against the Chennai High Court (Madurai Bench) order on providing grace marks in #NEET for Tamil medium students.. The case will be listed on urgent basis..”.

Dr. Amit Gupta tweet
 

While it is currently unclear when the Supreme Court will take the case up for hearing, candidates will be hoping it happens at the earliest given that the second round of counselling at the Centre and in many states has been currently postponed due to the ongoing legal tussle, leaving their fates hanging in the balance.

CBSE appeal preceded by separate student appeal

The CBSE’s appeal comes two days after a candidate from Chennai had already approached the Supreme Court against the Madras HC verdict. As per media reports, Sathya Devar, a NEET candidate allotted a MBBS seat in Chengalpattu Medical College after Tamil Nadu completed its state-level counselling for Government medical colleges between July 1 and July 7, was forced to move the apex court as he was afraid he could lose his seat due to the Madras HC order.

Thousands of candidates across the country, who have already been allotted seats through the All India counselling process conducted by the Medical Counselling Committee (MCC), or through their respective state-level counselling processes, are confronting the same fears, making the case for a prolonged litigation battle more and more likely.

Case Background

The CBSE’s decision to challenge the order is along expected lines. The Madras HC order, passed on July 10, had threatened to thrown the entire NEET 2018 counselling process into disarray, with the CBSE ordered to award grace marks to each of the 24,720 candidates who had opted for Tamil as their medium of instruction. While passing its order, the Madras High Court had agreed with the petitioner, CPI(M) MP TK Rangarajan, who had raised the issue of the Tamil translation of the NEET question paper containing a total of 49 errors. As per Rangarajan, the affected candidates should be awarded marks for each of these 49 questions. With four marks awarded for each correct answer in NEET, this translated to a total of 196 marks.

The CBSE was also ordered to publish a fresh merit list which would include the names of all of these candidates. With this year’s NEET qualification cutoff for Unreserved candidates being 119 marks out of the total of 720 (96 marks for reserved candidates), what this implied was that all the 24,720 candidates would now be eligible for MBBS and BDS admissions. With the first round of counselling and seat allotments under All India Quota, at Deemed and Central Universities, and most states already concluded, the inclusion of so many new candidates meant that the CBSE would have to conduct the entire counselling process afresh.

Current status of counselling

NEET 2018 was conducted by the CBSE on May 6 and the result was declared on June 4. A total of 12.69 lakh candidates had appeared for the exam, with 7.14 lakh candidates qualifying for the approximately 90,000 MBBS and BDS seats available through the exam. 12,679 candidates were allotted seats through the first round of All India Quota and Deemed University counselling, the results of which were published on June 23. The second round of counselling was conducted between July 6 and July 9, and the results of the same were expected to be declared on July 12. However, following the Madras High Court order, the Medical Counselling Committee issued a notice about the second counselling round stating that it would be “kept in abeyance till further orders”. States like Punjab and Tamil Nadu have also followed suit, issuing notices on the postponement of their counselling processes.

TN’s uneasy NEET relationship continues

As reported by Careers360 on July 12, TK Rangarajan had already filed a caveat on July 11 with the Supreme Court in order to pre-empt the CBSE’s expected appeal and to ensure that any stay on the Madras HC order is not granted without hearing him. It remains to be seen how the Supreme Court rules in the latest hearing around NEET, an exam which has never been a stranger to controversy having faced its fair share of legal battles around various issues over the past two years. This propensity to attract controversy has been especially true where Tamil Nadu is concerned, with the state being a vociferous opponent of the exam since its inception. The latest controversy has only given it more impetus to seek an exemption from the exam. Any verdict issued by the Court in favour of the CBSE is likely to have long-term implications, especially given that the state is also against the recently announced changes which will be introduced to the exam from 2019 onwards.

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Dr K Chaudhry   -  4 months ago

Father of Spurious Medicare in India B Shankranand transformed Medical Education into Swiss Bank Funding Source. Developments since year 2014 have been targeted as division of Booty between Center and States. As seen with GST, Center is content with ownership of everything in India. States must receive their revenue from Center only.
Here environment against Center is inability of corrupt bureaucrats to unique rank to seven lakh candidates with only 472 (119-691) figures available. Each of 472 score has average 1000+ ties. ABSURD tie breakers are applied to assign unique ranks. Crew recruited on Cash & Carry basis and aligned to a political party is incapable of resolving the issue.
Why should poorly knit sweater be made National dress?

Dr K Chaudhry   -  4 months ago

On 14 July 2018 a case was filed in Supreme Court by B MUTHURAMAKRISHNAN and M SATHYANARAYANAN through Advocate G SIVABALAMURUGAN, against 69% Reservation in MBBS/BDS seats.
On Supreme court Website I am unable to locate two cases reported in media.
1. 14 July 2018 Case by student SATHYA DAVAR
2. 16 July 208 Appeal by CBSE

chennai selvam   -  4 months ago

மொத்தத்தில் முன்பு ஒரு கேள்விக்கும் பதிலெழுத தெரியாமல் சைபர் மார்க் எடுத்தவருக்கும் இப்போது 196 மார்க் போனஸ் சேர்த்து 196 மார்க் . மறு தேர்வு எழுதி மாணவனின் திறமையை சோதிக்காமல் இலவசமாக 196 மார்க் தருவதற்கு பதில் இலவசமாக மருத்துவ இடம் கொடுத்துவிடுவதே நல்லது. நாடே நீ எங்கே போகிறாய் ?
As per NEET prospectus, in page no.7 showing as "vi) In case of any ambiguity in translation of any of the questions, its English version shall be treated as final."

garry grewal   -  4 months ago

I think if Tamil language neet questions are wrong then those 49 questions should be deleted for tamil version n for 24720 students percentile is made after deleting 49 questions. As it is not possible that if 49 questions would have been right and then all 24720 tamil option students would have marked all 49 questions right and got 196 marks each. By deleting these 49 questions all 24720 students would be judged for their performance better.
If a student challenges that some of my questions from those 49 questions are right and they should not be deleted.
Then how that student has marked right option for wrongly set question . It is for sure that either he guessed or saw English option of that question

Vishnu Vardhan…   -  4 months ago

...IT WOULD BE BETTER GOING FOR 2nd NEET... Read...
It would be better to conduct a screening test (Just like JEE...), before the final exam.
To screen out few candidates before final exam. And an online test, with any language of the candidate choice may be helpful.

In our country many people (candidates) know more than two languages.

In recent NEET candidates with as low as 96/720 marks got qualified.

I.e. even random choice scoring also enough to become a qualified MBBS Doctor (on NRI Management Quota). How absurd.!!
Rather the CBSE can conduct a second NEET for all quotas again, for all those who got more-than 70 or 60 percentile.

It's better to *DOUBLE TEST* and choose right candidates for Medical profession.

Vishnu Vardhan…   -  4 months ago

.....Better to conduct a screening test...
It would be better to conduct a screening test (Just like JEE...), before the final exam.
To screen out few candidates before final exam. And an online test, with any language of the candidate choice may be helpful.

In our country many people (candidates) know more than two languages.

In recent NEET candidates with as low as 96/720 marks got qualified.

I.e. even random choice scoring also enough to become a qualified MBBS Doctor (on NRI Management Quota). How absurd.!!
Rather the CBSE can conduct a second NEET for all quotas again, for all those who got more-than 70 or 60 percentile.

It's better to *DOUBLE TEST* and choose right candidates for Medical profession.

Somasundaram Y…   -  4 months ago

The CBSE should delete the 49 questions from the exam for all candidates and reissue the mark list for 524 marks instead of the 720. This will do justice for all the students. Beaded on the mark list the cut off and rank list can be subsequently issued. This is by all means right than issuing free 196 bonus marks or ignoring these 24000 students

Mrc Company   -  4 months ago

Madurai High Court judgement is insane without considering the impact on the country as a whole. PIL petitioner is doing just for his own benefit/advertisement which is going to affect their own people. All so called tamil supporters are just telling without affecting the students of first round counselling government has to create additional seats to accommodate all the tamil students who are going to qualified by this judgement, How is it possible to create so many seats overnight? SC should squash the HC judgement to avoid further confusion. and make it mandatory to give 50% weightage for 12th marks atleast 35% score in each Neet subject (how can a neet mark of 96 (13.33%) is acceptable when even high school requires 35%????

Adish Jain   -  4 months ago

1. Tanslation in regional language was just an additional facility with a condition that in case of any confusion, question in English language will be considered final, 2. Alternatively, if in Tamil language neet questions are wrong then wrong questions must be deleted and percentile of 24720 students be decided based on remaining questions. 3. There is no justice to give full marks under any circumstances. 4. While delivering its judgment to grant 196 marks to all the Tamil students, the interest of remaining lacs of students (public at large) has been ignored and overlooked.

Sailabala Dei   -  4 months ago

This is a drama being played with the fate of the students.The students alongwith parents are eagerly waiting for the results : nobody can ever imagine the mental agony and anguish that has severely affected the students who were expecting admissions in various medical colleges.The Honourable Madras HC should have given the judgements before the NEET results are out.Now,the Honourable Supreme Court should give its judgements at the earliest,as students are loosing chances to take admissions elsewhere.The Government should now come forward to take up the issue on priority basis.We can only pray the Almighty to save us at this juncture.

Dr K Chaudhry   -  3 months ago

MBBS ADMISSION MEDDLE
In original Petition TK Rangarajan MP had prayed :-
All Medical Colleges in Tamil Nadu should admit students, based upon 12th class Score - No NEET Score for 2018-19.
OR
Award of 196 marks to 24,000 candidates with Tamil medium.

First option in the Prayer was restricted to Tamil Nadu for one year only. WHERE WAS PROBLEM IN THAT? Modi Team is unable to cope with State Control over Anything.

SK SAHIN   -  3 months ago

Plz tell date of wb neet 2nd round counselling begins........when.........?????