New Delhi: The Supreme Court on Thursday indicated that it will consider exempting states that have already conducted (or will conduct shortly) common entrance tests for admission to medical courses from the applicability of the National Eligibility cum Entrance Test (NEET), to be held on July 24.
With the states strongly opposing thrusting NEET on them, a three-member bench of Justices Anil R. Dave, Shiva Kirti Singh and A.K. Goel asked the Solicitor General Ranjit Kumar to take instructions whether the Centre can allow the states to admit students on the basis of CET conducted on the basis of a law enacted by them.
If the Centre accepts the court’s suggestion on Friday, then Tamil Nadu can admit students on the basis of marks obtained by students in Higher Secondary examination and states like Andhra Pradesh, Telangana, Kerala, Mah-arashtra can admit students on the basis of CET held by them.
The SG made it clear that the Centre was keen that the medical admission for this year must be done only on the basis of July 24, NEET-2 and states must fall in line, irrespective of the fact that they are covered by a state law or not. He said an all India rank list and a state rank list will be prepared by the CBSE and states can continue to admit students on the basis of their law and reservation will also be protected.
Justifying the NEET, the SG said it will ensure uniform standards in medical education. A single test was envisaged with the sole objective to provide quality health care for all citizens. The Bench said though it was willing to exempt states, all private and deemed universities or association of private medical colleges will not be permitted to have their CET and that they must fall in line with the NEET for this academic year.
The Bench gave this suggestion to the SG to respond after hearing arguments on a batch of petitions from various states and private medical colleges association seeking stay of NEET. Order insofar as its applicability to them is concerned for the academic year 2016-17.
The Bench also asked the Medical Council of India and the Central Board of Secondary Education (which conducts NEET) whether all students, including those who had participated in the NEET-1 held on May 1 can be given a second chance on condition that students who write for the second time must give up one of the marks.
Earlier Mr. Ranjit Kumar informed the Bench that since the NEET-1 was conducted only for 15 per cent seats, those who did not appear or those had applied but did not write the test might be allowed to participate in the July 24 NEET-2 examination. When the bench wanted to know whether even those who had taken the NEET-1 be given a second chance, the SG said if second chance was given then about 30 lakh students will participate in NEET-2 for the 85 per cent seats.
Additional Solicitor General Pinky Anand for CBSE said if all students are allowed then it will not be possible to stick to the schedule. The bench, however, said he schedule can be revised and admission process can be extended beyond September 30. The ASG said she would take instructions as to how the schedule be revised and inform the court on Friday.
Senior counsel Vikas Singh, appearing for Medical Council of India said all private medical colleges and deemed universities must be asked to admit students on the basis of NEET-2. MCI can come out with a scheme to enable poor students to obtain loans from banks to pay their fees and interests of private colleges can thus be protected. The present hearing is a sequel to the April 11 judgment of the Constitution Bench recalling the July 2013 order quashing the NEET notification.
Senior counsel V. Giri for Tamil Nadu drew the court attention to the fact that the State had abolished entrance examination for admission to all courses from 2007 and admissions are being done on the basis of higher secondary marks only. He said over four lakh students in Tamil Nadu who had taken this year?s 12th examination did not have any opportunity to prepare or appear for any entrance test in the State. He said imposing the NEET on them and compelling them to write an entrance will cause hardship and suffering to the students. Further MCI Regulations cannot override a law enacted by the State which had received Presidential assent.
Senior counsel P.P. Rao, appearing for AP told the court that the State was protected by the Presidential Order issued under Article 371D of the Constitution and NEET cannot be thrust on them. He the Constitutional protection cannot be taken away in the guise of NEET and pointed out that the 2014 State Re-organisation Act had specifically said that the present admission process will continue for 10 years. Arguments will continue on Friday.
