: 03 JULY 2021 18:35 IST ‘It will be throttling the spirit of democracy if it was not allowed to examine the impact of NEET’ The State government has questioned the maintainability of a case filed by the Bharatiya Janata Party (BJP) State secretary K. Nagarajan in the Madras High Court against the constitution of Justice A.K. Rajan Committee to study the impact of National Eligibility-cum-Entrance Test (NEET) on medical college admissions in the State. In a counter affidavit, filed through Advocate-General R. Shunmugasundaram, the government said the petitioner had failed to plead as to how any of

NEWS STATES TAMIL NADU
TAMIL NADU
Govt. questions maintainability of case against Justice A.K. Rajan Committee
Legal Correspondent
CHENNAI 03 JULY 2021 18:30 IST
UPDATED: 03 JULY 2021 18:35 IST
‘It will be throttling the spirit of democracy if it was not allowed to examine the impact of NEET’
The State government has questioned the maintainability of a case filed by the Bharatiya Janata Party (BJP) State secretary K. Nagarajan in the Madras High Court against the constitution of Justice A.K. Rajan Committee to study the impact of National Eligibility-cum-Entrance Test (NEET) on medical college admissions in the State.

In a counter affidavit, filed through Advocate-General R. Shunmugasundaram, the government said the petitioner had failed to plead as to how any of his rights or that of the public had been violated by mere constitution of a fact-finding body.

“The petitioner has presumed the outcome of the report and the action the government will take on the report, which is entirely hypothetical and is nothing but conjecture. Thus, the petition has been filed on an imaginary basis,” said the counter affidavit sworn by Health Secretary J. Radhakrishnan.

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Highlighting that the writ petitioner was a political personality, the government said it was trite law that courts would not exercise their jurisdiction unless the litigation was bona fide and the public interest was affected.

“The petitioner has not explained as to how he has taken up the cause of the voiceless or unrepresented mass who are not able to come before this honourable court,” the counter read.

More than 86,343 representations had been received by the committee so far and it was hearing all stakeholders. “The petitioner is neither a student nor a parent and is only an office-bearer of a political party. Hence, the writ petition is filed for publicity and lacks bona fide,” it added.

Further, asserting that it was one of the sovereign functions of a welfare State to hear the grievances of its people, the government said it “cannot shut its eyes and ears to the demands of the people.”

The counter went on to read: “Hearing the public in order to address their grievances is the constitutional power and mandate of a welfare State and such action of constituting a committee to hear the people is not justiciable as it would amount to transgressing into the executive and legislative domain of the State.”