The petition, which is likely to be listed for hearing before a vacation bench in a day or two, has been filed by Indore-based doctor Anand Rai who also claims to be a whistle blower in the Vyapam scam.
Besides seeking quashing of the ordinance, which got Presidential assent on May 24, the plea has also sought a stay on the operation of the ordinance as an interim relief.
"The normal democratic legislative process involves the people's representatives in the two Houses openly enacting a law after full consideration and discussion, an ordinance seeks to circumvent this procedure for it is drafted secretly in government chambers and is promulgated without an open discussion and hence it is becomes even more pertinent that the ordinance making power is not invoked lightly but only when absolutely necessary to do so, and the situation cannot be otherwise met effectively," it said.
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The ordinance keeps state boards out of the ambit of uniform medical entrance examination, NEET, for present academic session.
(Reopens LGD 25)
6.5 lakh students have already sat for the first phase of NEET held on May 1. The next phase of the exam is scheduled for July 24.
The exam will be applicable for those applying for central government and private management institutions under the management quota.
The apex court had on May 9 rejected pleas of state governments and minority institutions to allow them to hold separate entrance exams for MBBS and BDS courses for 2016-17, saying only NEET provides for conducting such test for admission to these courses.
The top court had approved the schedule put before it by the Centre, CBSE and Medical Medical Council of India (MCI) for treating All India Pre-Medical Test (AIPMT) fixed for May 1 as NEET-1.