LawDistill
Supreme Court of India

ASSOCIATION OF MANAGEMENTS OF UNAIDED PRIVATE MEDICAL & DENTAL COLLEGE & ANR vs UNION OF INDIA & ORS on 9 May, 2016

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ReportableOfficial PDFBench Anil Ramesh Dave, Shiva Kirti Singh, Adarsh Kumar Goel

CIVIL ORIGINAL JURISDICTION

IN

IN

IN

(For impladment)

IN

(For stay)

IN

(For stay)

IN

(For impleadment, modification of Court's order

intervention and directions) JUDGMENTIN

Vs.

O R D E R

These applications have been filed by the private

medical colleges and also by some of the States seeking

modification of order dated 28th April, 2016 in W.P.

(C)No.261 of 2016.

The Medical Council of India (MCI) and the Dental

Council of India (DCI) issued notifications dated 21st

December, 2010, amending the existing statutory regulations

to provide for a single National Eligibility-cum-Entrance

Test (NEET) for admission to the MBBS/BDS course.

The said notifications were struck down in Christian

Medical College, Vellore Vs. Union of India, 2014 (2) SCC

305.

The said judgment stands recalled vide order dated

11th April, 2016 in Review Petition (C) Nos.2159-2268 of

2013.

On 28th April, 2016, in W.P.(C)No.261/2016 a statement

was made by the learned counsel for MCI, CBSE and Union of

India that for the academic year 2016-17, NEET would be

held.

We have heard the learned counsel for the parties.

In recent Constitution Bench judgment dated 2nd May,

2016, in Modern Dental College & Ors. Vs. State of M.P. &

Ors. in Civil Appeal No.4060 of 2009 etc., the stand of the

private medical colleges (including minorities) that

conducting of entrance test by the State violated right of

autonomy of the said colleges, has been rejected. The

State law providing for conducting of entrance test was

upheld, rejecting the contention that the State had no

legislative competence on the subject. At the same time,

it was held that the admission involved two aspects.

First, the adoption of setting up of minimum standards of

education and coordination of such standards which aspect

was covered exclusively by Entry 66 of List I. The second

aspect is with regard to implementation of the said

standards which was covered by Entry 25 of List III. On

the said aspect, the State could also legislate. The two JUDGMENT entries overlap to some extent and to that extent Entry 66

of List I prevailed over the subject covered by Entry 25.

Prima facie, we do not find any infirmity in the NEET

regulation on the ground that it affects the rights of the

States or the private institutions. Special provisions for

reservation of any category are not subject matter of the

NEET nor rights of minority are in any manner affected by

NEET. NEET only provides for conducting entrance test for

eligibility for admission to the MBBS/BDS course.

We thus, do not find any merit in the applications

seeking modification of order dated 28th April, 2016.

Only other contention relates to perceived hardship

to the students who have either applied for NEET-I but

could not appear or who appeared but could not prepare

fully thinking that the preparation was to be only for 15%

All India seats and there will be further opportunity to

appear in other examinations. To allay any such

apprehension, we direct that all such eligible candidates

who could not appear in NEET-I and those who had appeared

but have apprehension that they had not prepared well, be

permitted to appear in NEET-II, subject to seeking an

option from the said candidates to give up their

candidature for NEET-I. It would be open to the

respondents to reschedule the date of holding NEET-II, if

necessary. To this extent the earlier orders stand

modified.

We may also add here that to ensure total credibility JUDGMENT of the examination to be held by the CBSE, the Oversight

Committee appointed by this Court vide the aforesaid

judgment dated 2nd May, 2016 shall also oversee the NEET-II

examination to be conducted by the CBSE.

In view of the above, it is also clarified that only

NEET would enable students to get admission to MBBS or BDS

studies.

In view of the above order, all the applications and

writ petitions seeking modification of order passed on 11th

April, 2016, stand disposed of.

W.P.(C)261/2016 :

In view of the above order, W.P.(C)No.261/2016 also

does not survive and that is also disposed of.

[ADARSH KUMAR GOEL] New Delhi; 9th May, 2016.