Sabareesh Pillay | School of Law, University of Mumbai Thane Sub-Campus | 31st July 2020
Christian Medical College Vellore Association Vs. Union Of India
The overall seats in MBBS are 49,990 out of which 25,330 belong to government medical colleges and 24,660 to private medical colleges. Earlier State Government selected students through All India Pre-Medical Test (AIPMT) or CET which is now replaced by NEET with no major controversy. Problem arises for 24,660 seats which are reserved for private medical colleges. NEET does not alter the number of seats offered by private medical colleges and minority institutions. Instead it provides a ranking which the private medical colleges will have to adhere while selecting students.
FACTS:
When the first four NEET notifications were issued 10 years ago, it was immediately challenged by Christian medical college-Vellore, various state governments, religious minority medical colleges and unaided private medical colleges. They argued that according to article 19 (1) (g) and article 30 of the Indian constitution there is autonomy available to unaided non-minority and minority educational institutions, particularly in field of medicine/dentistry and that such institutions have an absolute right to conduct examinations for admitting students. Introducing an examination like NEET will take away the autonomy and will not be abiding according to the constitution.
ISSUE:
Whether conducting NEET examination is legally and constitutionally valid and should there be one entrance examination for all the MBBS pursuing students in the country,
LEGAL PROVISION:
Article 19 (1) (g) and article 30 read with article 25, 26 and 29 (1) of the Indian constitution.
PETITIONER CONTENTION:
The petitioners contended that the NEET examination should not be compulsory to private unaided minority professional institutes for admission into MBBS, BDS and MDS courses. Further the contention of Christian Medical College, Vellore was that NEET violates fundamental right as unaided minority has its own procedure and method of admission for selection of students, and its purpose is nationalisation which will in turn deprive the underprivileged. Christian Medical College, Vellore alleged that MCI and DCI have power to only make recommendations and not conduct the examination themselves. They added that Second, it was contended by Christian Medical College, Vellore that students from different State Boards take this examination and they are alien to the pattern followed by CBSE, so NEET would be violation of Article 14.
RESPONDENT CONTENTION:
It was submitted by the respondent that the purpose of NEET was to introduce uniformity of standards and lessen the hardship of students to write multiple entrance examinations. It was also submitted that regulations of Section 33 of the Indian Medical Council Act, 1956 were framed to apply to both majority and minority institutions. Right of minority is not denied as the institutes can chose successful minority who have secured minimum marks from the list of NEET. This was called the winning contention on part of the respondent as a very strong claim of petitioner falls to ground.
COURT OBSERVATION:
The three member bench of Arun Misra, Vineet Saran and M.R Shah observed that there is not enough weight in this contention that state board students will suffer as NEET will be conducted to test the knowledge of physics, biology and chemistry and irrespective of the syllabus, the human heart can be taught only in one manner. It would be unjust to interfere in admission process of an institution. The bench also observed that in the recent times, education has been made a profiteering business rather than a medium of imparting knowledge. Today, medical institutions are indulging in gross malpractices of charging huge amount of capitation fee, donations, etc. in garb of autonomy.
JUDGEMENT
The Bench passed that judgement that NEET does not violate Article 19 (1) (g) and article 30 read with article 25, 26 and 29 (1) of the Indian constitution and NEET’s legality and constitutional basis cannot be challenged in the courts further. NEET will remain as the entrance examination for enrolling Undergraduate and Postgraduate students in Medical colleges all over the country.
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