SC sticks to one entrance test; NEET II for all

The Supreme Court on Monday ruled that only the National Eligibility-cum-Entrance Test (NEET) would enable students for admission to MBBS and BDS courses in colleges across the country for the present academic year.

A three-judge bench presided over by Justice Anil R Dave turned down all pleas, including those filed by Karnataka, Tamil Nadu, Jammu & Kashmir and private medical colleges, opposing NEET on the grounds of violation of their rights.

“Prima facie, we do not find any infirmity in NEET regulation on the ground that it affects the rights of the states or the private institutions,” the bench, also comprising Justices Shiva Kirti Singh and Adarsh K Goel, said.

The apex court, however, added that special provisions for reservation of any category were not subject matter of NEET nor rights of minorities were affected by it.

“NEET only provides for conducting entrance test for eligibility for admission to MBBS/BDS course,” the court added. The court directed former Chief Justice of India Justice R M Lodha-headed panel, appointed as oversight committee of the MCI on May 2, to ensure total credibility of the exam to be conducted by the CBSE.

“It is also clarified that only Neet would enable students to get admission to MBBS or BDS studies,” the bench said.

In its brief order, the court said that all those candidates who appeared for NEET Phase-I on May 1 would be eligible to appear for Neet  Phase-II, but they would foreclose their candidature of the previous examination.

The CBSE, which already fixed the NEET Phase-II on July 24, may reschedule it if necessary, it added.

In its 6-page order, the court cited its Constitution bench decision of May 2 wherein the contention of private medical colleges, including those run by minorities, that holding of entrance test by the state violated their right of autonomy has been rejected.

While the state governments had the legislative competence to make laws for regulating standards of medical education under the Concurrent List, but after the Central government makes a law, the Centre’s power under the Constitution will prevail upon the states’ statutes, the court had then said.