Saturday, 20 July 2013

NEET: Review or curative petition?

The government is likely to file review petition which will go the same judges who delivered the judgment. And if it fails there is still another chance to file curative petition.

The concept of Curative petition was evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) where the court decided whether an aggrieved person is entitled to any relief against the final judgment / order of the Supreme Court, after dismissal of a review petition. 

The Supreme Court said that in order to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgments in exercise of its inherent powers. 

For this purpose the Court devised "curative" petition, in which  the petitioner is required to aver specifically that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation. This has to be certified by a senior advocate. The Curative petition is then circulated to the three senior most judges and the judges who delivered the impugned judgement, if available. No time limit is given for filing Curative petition.


  1. The sooner this decision is reviewed and NEET implemented, the better it is for medical fraternity. It will save the mental harrasment of students and parents.
    May God save this nation.
    - Dr.Ashok saxena jhansi

  2. May God save this country from rampant corruption.

  3. Any thing is possible............. in Court.
    Judgement seems to undermined the credibility of Courts, Country, and coats(white).

  4. There is no difference in the way an indian citizen thinks and executes whether one is a politician, judge, beaurocrat, police, doctor, etc. Its the 'I' always ahead of you. Pl dont dream of good laws and policies. Even if neet comes, there will be many loop holes that pvt mgt wil find and make way for faulty admissions based on money. A citizen has to do his job right for the progress of our nation.