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.