National Eligibility cum Entrance Test/ NEET

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National Eligibility-cum-Entrance Test (NEET)

SC Bench Scraps Single-Window Entrance Test Dhananjay Mahapatra TNN The Times of India 2013/07/19

New Delhi: The Supreme Court on Thursday quashed the single-window National Eligibility-cum-Entrance Test (NEET), dealing a body blow to uniform admission norms for MBBS, BDS and MD seats in all medical colleges and allowing private ones to frame their own admission norms and charge, in many cases, stiff capitation fees.

A three-judge bench, by a two to one majority, struck down the test as unconstitutional and ruled that the Medical Council of India (MCI) had no power to issue notifications in 2010 to regulate admissions to 271 medical colleges — 138 run by government and 133 under private management — offering 31,000 MBBS and BDS and 11,000 MD seats.

Chief Justice Altamas Kabir, on his last day before retirement, and Justice Vikramjit Sen held that the notification mandating NEET violated the rights of private medical colleges to carry on business guaranteed under Article 19 (1)(g) and the constitutional guarantee under Article 30 to the minority community to set up and manage educational institutions.

Justice A R Dave, in a strong dissent, stressed that there was no proper discussion on the draft majority verdict which appeared to have been rushed because the CJI was to retire soon. Four years ago, another SC bench had formulated and approved a single-window entrance test for all medical colleges.

Highlights: STRONG DISSENT BY JUSTICE DAVE

In 2-1 verdict, three-judge SC bench says Medical Council of India and Dental Council of India have no statutory authority to conduct common entrance test, control admissions to all medical colleges MCI and DCI only have a mandate under law to prescribe standards to ensure excellence of medical education

Judgment of CJI Altamas Kabir and Justice Vikramjit Sen quashes NEET, which was envisioned, formulated and approved in 2010 by a 2-judge SC bench to remove corruption in medical seat allotment. Justice A R Dave strongly dissents

Admissions made on basis of NEET this year will not be affected; pvt medical colleges had already taken exemption from NEET this year

Dissent note reflects call SC took in 2010

New Delhi: Outgoing Chief Justice Altamas Kabir and Justice Vikramjit Sen on Thursday held that the MCI did not have power to force a single entrance test for controlling admissions to the medical colleges as it had been created only for the purpose of ensuring “excellence of medical education in India”. To this majority verdict came a strong dissent note from Justice A R Dave who was, in effect, reflecting what justices R V Raveendran (since retired) and A K Patnaik had expressed in 2010 while pitching for a common test.

In differing with the views of Justices Kabir and Sen, Dave appeared to rely on the old proverb, “justice hurried is justice buried”. In 2010, the bench of Justices Raveendran and Patnaik had strived to bring together the MCI and CBSE on the same page for conducting NEET. The bench was convinced that a single entrance test would save poor and meritorious students , by sparing them the physical and financial stress of having of travel from one city to another to appear in multiple entrance tests in the hope of bagging a MBBS, BDS or MD seat in a college.

The single-window test was welcomed by students and parents because of transparency and the respite it offered from the ordeal that the aspiring doctors had to endure until last year when they had to file multiple applications and shuttle between cities across the country to take entrance tests medical colleges would hold without coordination. It had also curbed the room for the promoters of several medical colleges to extort hefty capitation fees. “We also have no hesitation in holding that the MCI is not empowered under the MCI Act, 1956 to actually conduct the NEET,” the CJI said on Thursday, articulating the majority view.

Against the 173-page judgment by the CJI, Justice Dave penned a 35-page dissent and said, “As the Chief Justice is to retire within a few days, I have to be quick and therefore, also short. Prior to preparation of our draft judgments we had no discussion on the subject due to paucity of time and therefore, I have to express my different views…

“It cannot be said that introduction of the NEET would either violate any of the fundamental or legal rights of the petitioners or even adversely affect the medical profession. In my opinion, introduction of the NEET would ensure more transparency and less hardship to the students eager to join the medical profession.”