Courts will have to resolve the question of medical admission by next year
Latest Bill passed by Tamil Nadu Legislative Assembly exempted from the state National Eligibility-cum-Entrance Test (NEET) This is no different from the efforts made by the previous government in 2017 to prescribe its own admission method for admission to undergraduate (UG) medical courses and for MBBS seats. Bills sent by the state were returned by the President of India without being returned. obtaining his consent.
Before passing the bill, the Tamil Nadu government had appointed a committee of experts under Justice AK Rajan, a retired judge of the Madras High Court, to look into the question of the desirability of holding the exam as a condition for MBBS admission. When the committee began its hearing, it was generally stated that it would advise the government to exempt itself from the examination requirement. However, when a Public Interest Litigation (PIL) petition was filed in the High Court challenging the appointment of the committee on the ground that it violated the orders of the Supreme Court with regard to NEET, the stand was taken that the committee Will only look into this. Effect of examination on students in the state.
Views of all stakeholders
The committee said that it has examined the views of all the stakeholders and the majority was not in favor of the requirement of NEET. It did not recommend any law. The Committee was of the opinion that the examination did not provide any special mechanism for testing the knowledge and aptitude of the students. It suggested that the state board’s higher secondary examination alone was a sufficient basis for selection of students for MBBS seats. NEET only worked against the underprivileged of the government school, and benefitted the coaching centers and affluent students.
The present Bill proceeds on the assumption that medical college admissions will come under the Concurrent List (Entry 25 of List III) and therefore, the State can also make a law regarding admissions and amend any Central law on admission procedures. Is.
This thinking of the state may be due to the observation made by the Supreme Court in the selection process Postgraduate (PG) courses in medicine, where the Medical Council of India (MCI) had laid down certain rules providing reservation for in-service candidates. The Supreme Court struck down Regulation 9(c) made by the MCI on the ground that exercise of power beyond its law.
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It must be remembered that the Supreme Court was only dealing with a regulation framed by the MCI, whereas the requirement of NEET for PG and UG medical courses has now been statutory under Section 10D of the Medical Council of India (IMC) Is. The Act, which states, “There shall be a common entrance examination conducted in all medical educational institutions at the undergraduate level and postgraduate level through such designated authority in Hindi, English and such other languages and in such manner as may be prescribed and The designated authority shall ensure the conduct of uniform entrance examination in the aforesaid manner: Provided that notwithstanding any judgment or order of any court, the provisions of this section shall not apply in relation to the uniform entrance examination at the undergraduate level for the academic year 2016— 17 held in accordance with any rule made under this Act in respect of seats of a State Government (whether in a Government Medical College or in a private medical college) where such State has not opted for such examination.”
Although this amendment was to come into force from the academic year 2016-2017, due to opposition from many quarters, the central government issued an ordinance on May 24, 2016, postponing the introduction of NEET to the next academic year.
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When the Tamil Nadu government issued an order in 2017 providing 85% seats for state board passed students and 15% reservation for students from other boards, the Madras High Court struck down. An appeal by the State to the Division Bench was also dismissed.
same fate
It was when the Tamil Nadu Assembly passed a bill to exempt the state from NEET, which the President refused to give his assent. The current move to pass a new bill along the same lines is most likely to meet the same fate.
It is significant that no other state in India has sought exemption from NEET and hence, it may not be possible to exempt Tamil Nadu alone. Even out of the seats allotted to the state, there is no bar for students from other states to compete or choose colleges in Tamil Nadu. Also, if relaxation is given, what will happen to the all India quota of 15%, which will be filled by the students who write NEET, and what will happen to the students of Tamil Nadu who do not write the exam, thus not availing the quota ?
As a relief to government school students, the state government had brought in a law providing for 7.5% reservation in medical seats, but with NEET as a criterion. The same situation remains for admission in this academic session also.
The introduction of internal reservation for government school students is subject to challenge before the Madras High Court. Similarly, NEET as a requirement is also pending in the Supreme Court. Unless both these issues are decided, NEET cannot be removed by state amendment.
However, some legal pundits had said that the state could amend a central law falling under the Concurrent List and cited the examples of amendments made in the Hindu Marriage Act, Industrial Disputes Act, etc.
The question is not whether the state government can amend the law falling under the Concurrent List. The question is whether the state government can give exemption from section 10D of the IMC Act, which is a parliamentary law that comes under the central list (entry 66). Moreover, the Supreme Court has also upheld NEET as a requirement.
Mere statistics show that majority of stakeholders in Tamil Nadu do not want NEET, exempting the exam offered by central law is not the answer. The data is necessary only when it has the power to make laws on the subject concerned.
If the committee’s findings that government school students are denied admission in medical colleges because of competitive examinations, it would be difficult to interpret the 7.5% reservation specifically for these students.
Since the Bill, which will become an Act after the President’s assent, will come into force from the next academic year itself, further fights against the requirement of NEET in the courts will continue. Hopefully the courts will determine the validity and give a definitive resolution to the question of medical admission within the next year. Till then the students who write NEET will fill the seats under the state quota.
Justice K Chandru is a retired judge of Madras High Court
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