Supreme Court slams lawyer for filing PIL to relax NEET-PG cutoff

On Monday, the Supreme Court reprimanded a “public-spirited lawyer” (petitioner) for embarking on the “adventure” of filing a petition in which he had absolutely no concerns. Public Interest Litigation (“PIL”) filed by said attorney, sought the instruction to relax the cut marks for NEET-PG 2021-22. He further requested that the rake cycle not be performed until there has been a review of the cut marks.

A bench comprising Judges L. Nageswara Rao and BR Gavai expressed concern that such motions eat up precious court time, which could have been used to decide more pressing issues. The bench noted –

“Valuable court time is wasted on petitions like this Petition in Brief. This time can be spent hearing more urgent cases awaiting registration. this adventure of filing petitions in cases where he has absolutely no concern.”

At first, Judge Rao asked, ” Who are you ? You (the petitioner) are a lawyer… What does the petitioner have to do with admission to the PG medical course? »

The lawyer representing the petitioner argued that his client is a public-spirited lawyer.

Judge Rao was disturbed that being a public-spirited person cannot be an excuse for filing petitioners that do not concern him in any way. He also expressed his disappointment at the way the case was mentioned before the Chief Justice of India, Justice NV Ramana and subsequently before the Judiciary headed by Justice Rao, stressing the urgent need to hear the case.

“So as a public-spirited lawyer, you keep filing complaints against any authority against any cause of action that doesn’t concern you…You see the paper in the morning and come and file a writ petition. You have mentioned in front of the CJ as if there is a great emergency You come back and mention in front of us before lunch as if the heavens are about to fall.

The Board apologized.

Judge Rao noted, “We thought we’d make a few submissions, so we wouldn’t receive any petitions filed by this person.”

He added –

“What is this adventure?… In the meantime, the authority has passed an order relaxing the condition. You don’t even know what happened.”

Council humbly requested permission to withdraw the application and begged the Court not to make submissions.

The bench rejected the PIL noting –

“In the meantime, the National Examinations Board has taken the decision to relax the cut-off marks by 15%. The petitioner has absolutely no concerns with the lis he has raised in the petition in brief. the petitioner requested a reprieve from mop-up counseling for admission to PG courses…to which he had no connection at all.”

[Case Title: M.N. Umesh v. UOI, W.P.(C) No. 168/2022]

Jon J. Epps