Sankalp Charitable Trust v. National Board Of Examination And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3855/2017 SANKALP CHARITABLE TRUST ..... Petitioner Through:

Ms.Nitya Ramakrishnan with Mr.Vaibhav Srivastava and Mr.Sarim Naved, Advs.

versus NATIONAL BOARD OF EXAMINATION AND ORS.

.... Respondents Through:

Dr.Rakesh Gosain, Adv. for R-1.

Mr.Vinod Diwakar, Adv. for R-2.

Mr.Gautam Narayan, ASC with Mr.R.A. Iyer, Adv. for R-6.

SI Rohit Kumar, Crime Branch, New Delhi.

Mr.Sanjeev Bhandari, Adv.

for R-7.

Mr.T.

Singhdev with Mr.Tarun Verma and Ms.Puja Sarkar, Advs. for R-3.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 03.05.2017 1.

This writ petition complains that there is a lack of transparency in conducting National Eligibility-cum-Entrance Test for admissions to post-graduate medical courses in India, 2017

(hereinafter referred to as "NEET - PG, 2017"). It makes certain general reference with regard to the eligibility of some candidates and irregularities pointed out in the newspapers. Based thereon, the writ petitioner has made the following prayers: "In the light of the above facts and circumstances, the petitioner humbly prays that this Hon'ble Court may be pleased to order and direct:

i.

An investigation into the illegalities and irregularities in the conduct of NEET-PG, 2017 monitored by this Hon'ble Court and/or an investigation by the Central Bureau of Investigation;

ii.

Pass any such other order as this Hon'ble Court deems fit in the present facts and circumstances and in the interest of justice, equity and good conscience."

2.

Mr.Gautam Narayan, learned ASC for Delhi Police impleaded as respondent No.6 appeared on advance notice. We are informed by Mr.Gautam Narayan that based on the newspaper report, Delhi Police had registered FIR No.13/2017 under Sections 419/420/120B IPC, P.S. Crime Branch on 01.02.2017 and the matter is being extensively investigated. We are also informed that the I.O. is conducting in-depth investigation into the matter. He also states that investigation is at a sensitive stage. 3.

In view of the above, we are not inclined to consider the prayers made by the petitioner in the writ petition inasmuch as the Delhi Police is actively seized of the matter and undertaking criminal investigation with right earnest.

4.

It is submitted by Ms.Nitya Ramakrishnan, learned counsel for the petitioner that there are certain other general irregularities in

the NEET-PG, 2017 examination, viz., integrity of the process which was adopted as well as the need for maintaining documentation relating to the examination.

5.

No such issue has been pleaded in the present writ petition. If so advised, it is always open to the petitioner to agitate the same any time in accordance with law.

6.

Writ petition is dismissed.

ACTING CHIEF JUSTICE ANU MALHOTRA, J MAY 03, 2017/pmc