SC allows review of its Judgment quashing ‘The National Eligibility-cum-Entrance Test (NEET)’ for Medical Courses [Read Order]
8 years, 11 months ago

SC allows review of its Judgment quashing ‘The National Eligibility-cum-Entrance Test (NEET)’ for Medical Courses [Read Order]

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We find that there was no discussion among the members of the Bench before pronouncement of the judgment, said the Constitution BenchA Five Judge Constitution Bench of Supreme Court of India today has recalled its 2013 Judgment which declared Medical Council of India’s and Dental Council of India’s notification for holding common entrance test called National. We find that there was no discussion among the members of the Bench before pronouncement of the judgment, said the Constitution Bench A Five Judge Constitution Bench of Supreme Court of India today has recalled its 2013 Judgment which declared Medical Council of India’s and Dental Council of India’s notification for holding common entrance test called National Eligibility Entrance Test for MBBS, BDS and post-graduate medical courses is ultra vires the Constitution. Justice Kabir said in the majority judgment, “We have no hesitation in holding that the “Regulations on Graduate Medical Education 2010 ” and the “Post Graduate Medical Education Regulation, 2010 ”, whereby the Medical Council of India introduced the single National Eligibility-cum- Entrance Test and the corresponding amendments in the Dentists Act, 1948, are ultra vires the provisions of Articles 19, 25, 26, 29 and 30 of the Constitution, since they have the effect of denuding the States, State-run Universities and all medical colleges and institutions, including those enjoying the protection of the above provisions, from admitting students to their MBBS, BDS and Post-graduate courses, according to their own procedures, beliefs and dispensations, which has been found by this Court in the TMA Pai Foundation case, to be an integral facet of the right to administer.” Justice Kabir further said, “We also have no hesitation in holding that the Medical Council of India is not empowered under the 1956 Act to actually conduct the NEET.” Justice Dave began his dissenting judgment saying, “I have carefully gone through the elaborate judgment delivered by the learned Chief Justice. 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.” Justice Dave in his judgment noted, “If the NEET is conducted under the supervision of the apex professional body, it would inspire confidence in the system and in that event, the selection of the students for admission to the medical profession would be on merit based selection.

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