Supreme Court Cases (SCC) Supreme Court: Striking down the Notifications issued by the Medical Council of India(MCI) and the Dental Council of India(DCI) introducing National Eligibility-cum-Entrance Test (NEET) which regulate the process of admissions into Medical and Dental Colleges and Institutions, Hon’ble Altamas Kabir, C.J. and Vikramajit Sen, J., giving the majority judgment in a 3 judge bench, held that the said Notifications were in violation of Articles 19(1)(g), 25, 26(a), 29(1) and 30(1) of the Constitution as they prevents the aided, minorities and other institutions from conducting any separate examination for admitting students to the courses run by them, thereby violating right to administer an educational institution. The Court also went on to say that the MCI had no power to under the Medical Council Act, 1956 to conduct NEET. The Court also added that the said Notifications cannot supersede the freedoms and rights which are guaranteed by the provisions of the Constitution. Taking note of the ground realities of our country held that the major population resides in rural areas and such single entrance examination will not be able to provide the nation with the ‘barefoot doctors’ to provide heath care in such areas as through NEET, the students in urban areas will enjoy more privileges. The Court, however, further directed that the said declaration would not annul the admissions already given on the basis of the NEET. However, the dissenting judge Hon’ble Anil R. Dave, J said that NEET would neither violate any of the fundamental or legal rights of the petitioners nor would adversely affect the medical profession, instead it would ensure more transparency and less hardship to the students eager to join the medical profession and would constrain the unscrupulous and money minded businessmen from operating in the field of education. [Christian Medical College, Vellore v. UOI, T.C.(C) NO.98 OF 2012, decided on July 18, 2013.]
Posted on: Sat, 20 Jul 2013 09:37:36 +0000
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