New Delhi: The Supreme Court on Monday recalled its July 2013 judgement declaring as unconstitutional the single National Eligibility-cum-Entrance Test (NEET) introduced by the Medical Council of India and Dental Council of India for admission to graduate and post graduate medical and dental courses.
The implication of this order is it is open to it to conduct NEET for admission of students in over 600 medical colleges across the country for this year. This will impact students in Tamil Nadu as well though entrance test is banned in the State through a legislation.
A bench of Chief Justice Altamas Kabir (since retired) and Justices Anil R. Dave and Vikramajit Sen by a majority of 2:1 had on July 18, 2013 had quashed the NEET. Justice Dave in a separate judgement he-ld that the test was valid and the Medical Council of India, the Centre and several others sought review of this judgement.
In a brief order the five-judge Constitution Bench comprising Justices Anil R. Dave, A.K. Sikri, R.K. Agrawal, A.K. Goel and R. Banumathi said “We are of the view that the judgement delivered in Christian Medical College v MCI needs reconsideration. We do not propose to state reasons in detail at this stage so as to see that it may not prejudicially affect the hearing of the matters. Suffice it is to mention that the majority view has not taken into consideration some binding precedents and more particularly, we find that there was no discussion among the members of the bench before pronouncement of the judgment. We, therefore, allow these review petitions and recall the judgement dated 18th July, 2013 and direct that the matters be heard afresh.”
In its review petition the MCI said “If the July 18, 2013 judgement is not recalled, it will seriously prejudice the progress of the process of holding common entrance test which has been evolved over the period of more than five years of deliberations, judicial orders.
The majority judgment is based on series of error apparent on the face of record, and is in ignorance of statutory provisions.” In its petition the Centre said ensuring uniform standards for medical education was of paramount interest to the patient.
