A division bench of Chief Justice DN Patel and Justice Jyoti asked the Central Government and the National Board of Examinations in Medical Sciences (NBE) to respond to the application.
The court has scheduled the matter for the next hearing on September 23.
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The petition was filed through Advocate Shivendra Singh.
According to the petition, the petitioner, Dr. Sn Snigdha Kamini, an OCI card holder who has studied for both Bachelor of Medicine and Bachelor of Surgery (MBBS) and Master of Surgery (MS) in India, was then issued by the Central Government sorry for the addition of these words. “Other such tests” in paragraph (4) (ii) (including Proviso) in the notification dated March 4, 2021. Article 4 of the notification deals with non-resident Indians.
Paragraph (4) (ii) of the notification states that in case of All India Entrance Examination such as National Eligibility Cum Entrance Test, Joint Entrance Examination (Mains), Joint Entrance Examination (Advanced), equality with Non-Resident Indians or other such examinations will be given only to Non-Resident Indian seats. Or to be eligible for admission against a large number of seats, provided that the OCI card holder is not eligible for admission against any seat reserved for Indian citizens only.
The applicant, who is interested in doing Super Specialty Studies (MH course in Surgical Oncology) and has been working towards it for several years, said that this notification would virtually stop the advancement of his career in India.
“Until last year, OCI respondents were eligible to participate in the Super Specialty Entrance Examination conducted by NBE,” the applicant said.
“It is well known that the path to becoming a specialist doctor is difficult and the applicant cannot be expected from the outset. The 2021 National Qualification cum Entrance Test-Super Specialty (NEET-SS) test is absolutely invalid. “Healthcare professionals are in dire need. Illegal notifications will only prevent healthcare professionals from returning to India,” the petitioner said. .
“Thus, the addition of other words, including para (4) (ii) (including proviso)” to the notification issued by the respondent No. 1 / Union of India, violates the basic legitimate expectation of the petitioner for the intervention of this court. It is honorably submitted that in the notification dated 4th March, 2021, the words after para (4) (ii) (including proviso) “other such examinations” also failed the ratio examination issued by the respondent No. 1 / Union of India, “the petitioner said.
From now on, the petitioner seeks to declare the words after the “other examination” of para ()) (ii) (including proviso) in the notification dated March, 2021, which has been declared unconstitutional and void by the respondent Central Government in the Gazette of India.
The applicant seeks to refrain from applying or influencing the words of the respondents after “other other tests” of para (4) (ii) (including proviso) in the notification of the respondents dated 4 March 2021. India in the Gazette of India.
Respondent seeks a directive from the Board of Examiners of the National Medical Sciences regarding the application or effect of Section 6.6 of the Information Bulletin for the NEET-SS 2021 examination issued by the applicant Medical on 1 August.
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