The Supreme Court, on Monday, refused to entertain a public interest litigation (PIL) filed by a lawyer challenging the government’s decision to cancel the UGC-NET following the alleged paper leak.
But why did the SC dismiss the hearing plea?
A bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra dismissed the plea after learning that it was filed by a lawyer and not an aggrieved candidate.
“What is your locus? Are you appearing for UGC NET?” CJI Chandrachud asked the lawyer who had filed the plea when the matter was taken up on Monday.
The apex court asked advocate Ujjawal Gaur, who has filed the PIL as a petitioner, to focus on some legal matters and leave such issues for aggrieved persons.
“Why are you coming? Let the students come here themselves,” the CJI further told Guar.
“You are a member of the Bar! …Occupy your time with some substantive matter. Not file a plea just after reading something in newspapers,” the CJI said.
While declining the PIL, CJI Chandrachud said, “We express nothing on merits.”
The top court made it clear that its dismissal of the plea would not prevent any candidate affected by the cancellation of exam from seeking relief.
What did the lawyer say?
Gaur then replied, “I have representations from hundreds of students who are affected.”The apex court was not impressed, and CJI retorted: “Of course, let them come. Not you.”
“While dismissing the plea, we note that we have not foreclosed the right of any affected candidate to approach the Court. Dismissed,” the Bench said.
What did the plea say?
The plea filed by Guar was against the decision of the Union education ministry and the National Testing Agency (NTA) to cancel the UGC-NET following inputs that its integrity may have been compromised.
NET determines the eligibility of candidates to pursue research opportunities, including Junior Research Fellowship (JRF) and Senior Research Fellowship (SRF), which is crucial to pursuing doctoral programmes in India.
The UGC-NET examination is held Junior Research Fellowship, appointment as Assistant Professor and admission to PhD degree courses in India.
The examination of UGC-NET was cancelled a day after it was held on June 18 amid fears that the “integrity of the examination might have been compromised”.
Union Education Minister Dharmendra Pradhan later informed that the question paper was leaked on the darknet and circulated on the Telegram app.
On June 19, the education ministry had ordered the cancellation of the UGC-NET and handed over the matter to the CBI for an investigation.
Gaur in his plea had also sought a direction to immediately stay the proposed re-examination of the UGC-NET until the CBI completes its inquiry into the paper leak allegations.
“The petitioner asserts that the decision is not only arbitrary but also unjust, given the recent findings of the Central Bureau of Investigation (CBI). The CBI’s investigation brings the fact that the evidence suggesting the paper leak is doctored, thus nullifying the grounds on which the cancellation was based,” the plea, filed through advocate Rohit Pandey, said.
The UGC-NET has now been rescheduled to be held between August 21 and September 4.
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