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SC quashes NEET

SC quashes NEET
Highlights

Says MCI is not empowered to prescribe all-India medical entrance tests Major relief for AP students Verdict will not affect admissions taken...

Says MCI is not empowered to prescribe all-India medical entrance tests
  • Major relief for AP students
  • Verdict will not affect admissions taken place already
  • Justice Dave dissents, says it is the need of the society
  • Decision comes in response to 115 petitions challenging MCI notification
Venkat Parsa New Delhi: In a major relief to medical students in Andhra Pradesh, the Supreme Court on Thursday quashed the Medical Council of India's (MCI) notification on the National Eligibility-cum-Entrance Test (NEET) for MBBS, BDS and post-graduate medical courses. AP students are now relieved, as they can now prepare for the Eamcet conducted by the State Government. The three-judge Supreme Court Bench � comprising Chief Justice Altamas Kabir, Justice Vikramjit Sen and Justice A R Dave � has by a 2-1 verdict held that the MCI notification was ultra vires the Constitution. The Supreme Court, however, made it clear that its verdict will not affect the admissions which have already taken place. In their judgment, Chief Justice Kabir and Justice Sen said that MCI is not empowered to prescribe all India medical entrance tests. The bench held that the MCI notification was in violation of Articles 19, 25, 26, 29 and 30 of the Constitution. Justice Dave said he did not share the view of the other two. "Holding of National Eligibility-cum-Entrance Test (NEET) is legal, practical and is the need of the society. Hence, I have dissented," Justice Dave said. A large section of aspiring medicos backed NEET, arguing that it will make the admission process simpler and more transparent. Students from Andhra Pradesh felt that CBSE candidates would benefit from NEET, as its syllabus was in tune with that of the CBSE. There is a variation in the syllabus of Board of Intermediate Education and that of the CBSE and it provided an uneven platform for fair competition. The Supreme Court decision came in response to 115 petitions challenging the MCI notification on NEET for admission to MBBS and post-graduate medical courses conducted in colleges across the country. On May 13, the apex court had lifted the bar on declaration of results of examinations that had already been conducted and said the admission process could go ahead. The State Government had challenged NEET in the Supreme Court, after it was made mandatory by the Medical Council of India, arguing that the State syllabus was different and students were not informed about it well in advance, thus putting them to disadvantage. The apex court allowed the State Government to conduct the medical test in Eamcet, but wanted that the results be withheld till the final verdict was given. The Supreme Court modified its December 13, 2012 order by which it had stated that MCI, Dental Council of India, as well as the States, universities and other institutions, will be entitled to conduct their respective examinations for MBBS, BDS and post-graduate courses, but shall not declare their results until further orders.
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