SC refuses to stay ordinance on NEET

The Supreme Court on Thursday refused to stay the Centre’s ordinance allowing states to conduct their own tests for admission to MBBS and BDS courses in government medical colleges.

A three-judge bench, however, said the ordinance was “somewhat disturbing, unwarranted and not proper” as directions were issued on April 28 and May 9 stating that only the NEET would enable students for admission to undergraduate medical and dental courses across the country.

“Prime facie, we found that the validity of the ordinance is in doubt. Since 50% of the states (17) had already held their examinations, we do not grant any relief,” the bench comprising Justices Shiva Kirti Singh, A R Dave and Adarsh K Goel said.

The court said it favoured a single common entrance test for all medical colleges in order to bring uniformity in the examination in the interest of students and for maintaining a minimum standard.

In a strong comment on medical colleges admitting students after taking money, Justice Dave said, “What to talk about the middle class. It is even impossible for upper middle class candidates to get admission in medical colleges. Think of it..if you and I have to be treated by a doctor who paid Rs 50 lakh to Rs 1 crore for admission.”

NGO Sankalp Charitable Trust and Anand Rai, who claimed to be Madhya Pradesh’s Vyapam scam whistleblower, sought a stay on the May 24 ordinance that allowed states to conduct their own exams for academic session 2016-17.
Senior advocates Amrendra Sharan and Vivek Tankha, appearing for them, contended that the Union government subverted the judicial order by bringing in the ordinance. “If order of the SC is not obeyed, this will lead to chaos and indiscipline in the country,” Sharan contended.

Attorney General Mukul Rohatgi submitted that the NEET was mooted in the Medical Council of India regulations as part of the subordinate legislation and the government had power to regulate it. Countering petitioner’s plea, he said it would affect lakhs of students, if the ordinance was stayed.

He also maintained that the ordinance had only given states an option to conduct their own tests and 50% of the states opted for NEET only.