The plea under Article 32 by the Gujarat Parents Association has been drawn and filed by Advocate on Record Jaikriti S Jadeja and is to be argued by Advocate Mitul K Shelat.
The plea seeks to highlight the adverse impact that will ensue if the Entrance exams are further postponed, in particular, the loss of an academic year for students of the 2020-2021 batch.
This plea comes shortly after a group of 11 NEET-UG and JEE aspirants moved the Supreme Court seeking the cancellation of the September exams in view of the rising number of coronavirus infections. These students have prayed that the exams be postponed to a time when the COVID-19 pandemic has subsided and normalcy has returned.
On the other hand, the parents' petition states that there is an eminent need for the NTA to adhere to the 2nd revised schedule and conduct the all India basis NEET UG-2020 and the JEE (Main) for UG-2020 "as it is a settled position that the admission process is time bound and the entire admission schedule is a time regulated process mandated by the judgments of the Hon’ble Apex Court."
The plea states that the process of admission is unique in as much as it contemplates a 3-tier structure to be followed in a statutorily regulated time-frame.
"After the release of the result of NEET on a merit based list, the admission process is taken on an All India basis through online counselling (1st Tier) followed by an online and offline admission at the State Level (2nd Tier) and the residuary admission at the College Level to be undertaken at the 3rd Tier. There is no gainsaying in the fact that each stage of the above-mentioned process is vulnerable to errors and consequent challenges, having a direct impact on the academic sessions." -reads the plea.
The petition lays emphasis on the fact that the students have rigorously been preparing for the NEET / JEE exams for the last 3 years, ever since they were in Class 10. Thus, it is urged there should be no delay in conducting the exams.
"These exams are so important that they determine students' career and also the entire life. As such, the Respondent Authorities must take into consideration as a relevant factor the fact that any further deferment of the examination will further add to the stress levels of the students resulting in further traumatising the students with the uncertainty of their future and thereby severely impacting their academic performance in the ultimate examination to be held in future", reads the plea.
The plea counters contentions on pandemic-created difficulties for the conduct of the exam by pointing out that several tests have already been conducted by the NTA and other bodies across the country.
The petition also seeks to bring parity, given that the University Grants Commission (UGC) has released ‘Revised Guidelines on Examinations and Academic Calendar for the Universities in view of COVID-19 Pandemic’ dated July 6, whereby it has mandated all universities to complete the examinations for final year students by the end of September 2020.
The plea makes a case for non-postponement of exams by also arguing that "NTA public notice dated 03.07.2020 seeks to address various concerns of the Students due to the COVID-19 situation and has opened the online application window for aspirants to alter/change their Candidate particulars including the choice of Centre Cities, with best endeavors to allot the city of examination to the candidates as per their choice now opted for in the application."