ORDER : Heard the parties. 2. The petitioners before this Court have been constrained to file the present petition as they have been treated as ineligible for participating in the counselling process which is to be initiated from 1st of April, 2022, on the premise that they had not cleared the qualifying examination up to the cut-off date 30th November, 2009. The date fixed by the respondents as the last date for passing the qualifying qualification, namely, post graduate in the concerned faculty. 3. It is the case of the learned Senior Counsel that the examinations of post graduation were delayed by the directions of the Government of Bihar on account of Covid pandemic, additional three months course of studies were conducted during Covid period and, therefore, the result of the examination was delayed and declared only on 22nd December, 2021. Learned counsel has also pointed out that the National Board of Examinations had initially fixed date of examination as 13 and 14 November, 2021, for different groups vide its notification, dated 31st August, 2021. In the same notice it laid down the cut-off date of acquiring the qualification as 31st November, 2021. Learned counsel has pointed out that the said date of examination was changed to 10th January, 2022, vide notice, dated 07.10.2021. The decision was taken for reopening of the registration window for the period from 01.11.2021 to 22.11.2021, the edit window was to be opened from 01.12.2021 to 07.12.2021 and final edit window was to be opened from 21.012.2021 to 23.12.2021 and admit cards were to be issued from 3rd January, 2022, as per notice dated 07.10.2021. However, notice did not refer to the change in cut-off date for acquiring the qualifying examination. Learned counsel has also pointed out that in previous two years during pandemic the National Board of Examinations has been consistently keeping the date of acquiring qualification as the date on which the result is declared in the said year. Thus, for example in the year 2019 the date of declaration of result was mentioned as 15th July, 2019 and the cut-off date was also fixed as 15th July, 2019. Similarly for the year 2020 the date of declaration of result was mentioned as 25th September, 2020, and the cut-off date was also fixed as 25th September, 2020. It is submitted that similarly the cut-off date was fixed as 30th November, 2021. Similarly for the year 2020 the date of declaration of result was mentioned as 25th September, 2020, and the cut-off date was also fixed as 25th September, 2020. It is submitted that similarly the cut-off date was fixed as 30th November, 2021. However, the date of examination has now been changed to 10th January, 2022, and the result was declared on 31st January, 2022, and, therefore, the cut-off date ought to have been written as 31.01.2022 for the present year 2021-22. Learned counsel further submits that in the present circumstances arising due to pandemic Covid a pragmatic approach ought to have been adopted and the petitioners who have already appeared in the examination and have qualified and scored much higher rank than others, would be deprived to participate in the counselling and also be subsequently deprived of pursuing the super-specialty case although they are higher in merit. Merely cause the cut-off date was not changed by the National Board of Examinations. 4. It is strenuously urged by the learned Senior Counsel that the change of cut-off date was a consequential action which was required to be taken and the same has escaped inadvertently from being changed. He submits that the Apex Court has time and again been granting benefit to the students who were not able to get their result available within the cut-off date. He fairly states that in one of the case of All India Institute of Medical Science Vrs. U. Usha & Ors. the Apex Court had granted indulgence, although of course it mentioned it not to be a precedent. In another writ petition Writ Petition(s) (Civil) No(s). 408 of 2021 (Deepak Yadav & Ors. Vrs. Union Public Service Commission & Anr.) the Apex Court has had granted a similar indulgence. Learned counsel submits that the Apex Court was conscious about the judgment passed in (1997) 4 SCC 18 and still the Apex Court proceeded to give benefit to the candidates who were otherwise meritorious and whose result did not declare due to pandemic. Learned counsel submits that the situation which has arisen is to exclusive to the State of Bihar and the students could not have been possibly appeared in the examination when the Government itself directed the postponement of examination of the Universities due to pandemic. Learned counsel submits that the situation which has arisen is to exclusive to the State of Bihar and the students could not have been possibly appeared in the examination when the Government itself directed the postponement of examination of the Universities due to pandemic. Learned counsel thereafter has further submitted that earlier the National Board of Examinations had issued a notice on 31.08.2021 and 13.09.2021 fixing the last date of submission of application form as a final edit window up to 28th October, 2021. The notice, dated 13.09.2021, also mentions that the rest of the details as per information bulletin shall remain unchanged and thus the cut-off date for considering the qualifications remained as 30th November, 2021. However, in the notice, dated 07.10.2021, the final edit window, i.e., the last date for submitting applications even for fresh candidates under the NEET SS-2021 has been fixed as 23rd December, 2021. He, therefore, submits that all the candidates who have passed the qualifying examination before the last date of submission of application are required to be treated as eligible. Since the petitioners and other candidates from Bihar had all passed their post graduation examination on 22nd December, 2021, i.e., before the last cut-off date of submitting of application forms in the absence of their being any cut-off date mentioned in the notice, dated 07.10.2021, the new cut-off date would have to be presumed as 23rd December, 2021, and the petitioners ought to be treated as eligible. Learned counsel further submits that on account of the said reason alone the petitioners were allowed to participate in the examination by the National Board of Examinations and they have also cleared examination with high merit. 5. Learned Additional Solicitor General appears along with the Central Government Counsel and submits that while it is a peculiar circumstances created because of Covid pandemic in the State of Bihar and the Government extended the date of examinations and the result was therefore declared on 22nd December, 2021, the National Board of Examinations has also put on hold the registration which were being done and has also allowed fresh candidates to register themselves as per the notice, dated 07.10.2021. However, the notice does not mention anywhere about the cut-off date with regard to acquiring the eligibility qualification. In the circumstances the authorities are considering the cut-off date as 30th of November, 2021, alone . 6. However, the notice does not mention anywhere about the cut-off date with regard to acquiring the eligibility qualification. In the circumstances the authorities are considering the cut-off date as 30th of November, 2021, alone . 6. I have considered the submissions. 7. The information bulletin of NEET SS-2021 mentions the date of acquiring the minimum qualification for appearing in the examination as 30th of November, 2021. In the notice which was issued for submitting of application form, dated 13.09.2021, the final edit window was shown as 28th October, 2021. The said notice also mentions in paragraph 3 that the rest of the details as per the information bulletin shall remain unchanged. Thus, up-to-the date when the final edit window was opened till 28th of October, 2021, the cut-off date as mentioned in the information bulletin would be treated as 30th of November, 2021. 8. However, the National Board of Examinations has revised the scheme and has issued a fresh notice on 07.10.2021, it would be appropriate to quote the entire notice for the purpose of adjudication of this case : NOTICE Subject : Conduct of NEET-SS 2021 – Regarding 1. A decision has been taken by the Government of India in consultation with the National Medical Commission (NMC) and the National Board of Examinations in Medical Sciences (NBEMS) to the effect that the revised scheme for NEET-SS shall be given effect to only from the academic year 2022-2023. 2. It has been further decided to hold the ensuing NEET-SS examinations for academic year 2021-2022 on 10th January, 2022 on the basis of the pattern which held the field until academic year 2020-2021. 3. The ongoing registration window for NEET-SS 2021 shall be put on hold till 31.10.2021 and shall be resumed online at https://nbe.edu.in on 01.11.2021 (3PM onwards) to make the necessary changes effective and the window shall continue till 22.11.2021 (11.55 PM). 4. In the forthcoming registration window, candidates who have already registered for NEET-SS 2021 shall be able to Edit their choices for eligible super-speciality courses and those who are yet to register shall be able to register AFRESH for NEET-SS 2021. 5. Candidates who have already registered and have paid examination fee of amount more than Rs.4250/-in case of applying for more than one groups, shall be refunded the EXTRA examination fee paid. 5. Candidates who have already registered and have paid examination fee of amount more than Rs.4250/-in case of applying for more than one groups, shall be refunded the EXTRA examination fee paid. Those who are not willing to continue with the application registered in the current window for NEET-SS 2021 in view of the above mentioned change can submit a request for REFUND of examination fee to NBEMS. 6. Updated Dates Re-opening of Registration window for submission of Online Applications 01.11.2021 (3PM onwards) to 22.11.2021 (till 11:55PM) Edit Window 01.12.2021 to 07.12.2021 Final Edit Window 20.12.2021 to 23.12.2021 Issuance of Admit Cards 03.01.2022 Date of Examination 10.01.2022 7. The updated Information Bulletin shall be available on or before the resumption of registration window on 01.11.2021 at NBEMS website www.natboard.edu.in and https://nbe.edu.in 8. For any query, please contact NBEMS at 01145593000 or write to NBEMS at its Communication Web Portal https://exam.natboard.edu.in/communication.php? page=main NBEMS 9. From the aforesaid notice, it is apparent that a decision was taken not to effect the revised scheme of NEET SS-2021 for the concerned examination and it was to take effect from 2022.-23. It also take a decision to put on hold the on-going registration window and make necessary changes. It also further allowed registration of fresh NEET SS2021, candidates were also allowed to withdraw their applications forms and also get a refund of fees. Consciously the National Board of Examinations has updated the dates in the notice and the final edit window date has been fixed as 21st December, 2021. The notice does not say that the other clauses of information bulletin shall remain as it is. Thus, it is silent with regard to the date on which the qualifications of the candidates who apply up-to 23.12.2021 shall be treated as the last cut-off date. 10. In light of above, one has to determine as to what would be new cut-off date for examining the qualification of the candidates who have applied to appear in the examination. Since the last date for applying is 23rd December, 2021, a date prior to it for the purpose of examining the qualification could be presumed. 11. Keeping in view the law laid down by the Apex Court in Ashok Kumar Sharma & Ors. Vrs. Chandrashekhar & Anr. Since the last date for applying is 23rd December, 2021, a date prior to it for the purpose of examining the qualification could be presumed. 11. Keeping in view the law laid down by the Apex Court in Ashok Kumar Sharma & Ors. Vrs. Chandrashekhar & Anr. (1997) 4 SCC, 18, one can only draw a conclusion that in absence of any cut-off date for acquiring the qualification in the notice, as per the judgment, it would be the last date of submitting of the application form. 12. Since 23rd December, 2021 is the last date as mentioned in the final edit window the candidates who have to appear in the examination must acquire qualification up-to 23rd December, 2021. 13. Applying the aforesaid yard-stick, if the facts of the present case are examined it is noticed that the result of the post graduation examination was declared in the State of Bihar on 22nd December, 2021, and the petitioners acquired the qualification prior to the last date of submitting the application form which is 23rd December, 2021, thus they will all be treated as eligible for appearing in the examination.; 14. More over, it is noted that all the petitioners have appeared in the examination and the result has also been declared and all of them stood apparently much higher in merit than several other persons marked in the list. Merit should not be compromised while giving admissions in super-speciality course. Lesser meritorious persons cannot be allowed to take march over higher meritorious merely because his result for post graduation course delayed as per earlier cut-off date earlier stood cancelled in view of the new notice. 15. In view thereof, considering that in earlier years date of declaring the result has been treated the date of acquiring the qualification and in the present notice, dated 07.10.2021, the last date being 23rd December, 2021, in the present petition holds the petitioners eligible and I deem it appropriate to direct the petitioners to be allowed to appear in the counselling which to commence from 1st April, 2022. 16. In view of above the writ petition stands allowed. 17. It is made clear that as the counselling is to commence from tomorrow. Candidates who have passed the acquiring qualification up to the last date of application, namely, 23rd December, 2021, shall be treated eligible for participating in the counselling. 16. In view of above the writ petition stands allowed. 17. It is made clear that as the counselling is to commence from tomorrow. Candidates who have passed the acquiring qualification up to the last date of application, namely, 23rd December, 2021, shall be treated eligible for participating in the counselling. The order of this Court may be duly notified by the National Board of Examinations. There was no further complication by imagination and higher meritorious candidates may not have to suffer.