The Supreme Court (SC) today has recalled its 2013 judgement and cleared the way of National Eligibility cum Entrance Test (NEET) for admission to all the medical courses in the country.The Supreme Court has passed the order in the judgement of the petition filed by the Centre and the Medical Council of India (MCI) seeking review of its judgment scrapping the NEET.
In 2013, the SC had cancelled the notification for the single common entrance test for all the medical courses including MBBS, BDS and PG courses etc on the judgment ground that it will violate the rights of private institutions to administer such institutions.
This judgement quashing the NEET was delivered by a three-judge bench headed by Chief Justice Altamas Kabir (now retired) by a 2-1 division.
Hearing a review petition on NEET, the SC court said it will hear the case afresh on validity of the common entrance test. “Till the matter is decided NEET can be implemented,” the top court said.
The view of the then CJI was shared by Justice Vikramjit Sen, while Justice AR Dave had Disagreement and upheld the NEET, arguing that the policy was “legal” as it would stop corrupt practice which enabled undeserving candidates to get admissions by paying huge capitation fees or donations.
A three-judge bench by a 2:1 verdict held that the notification was against the Constitution.
However, The SC had ruled that the MCI did not have the jurisdiction to enforce common entrance test (CET) on private medical colleges and that the move could also violate constitutional guarantee to minority community to establish and manage their own educational institutions.
MCI had opposed the verdict and had moved the court for a review.
Apart from students being forced to pay up thousands towards the fee for appearing in multiple exams and travel expenses, many students are denied of the opportunity to stake admission claim to different colleges, an MCI official said.
However, it is mandatory to remember that over 90 medical entrance tests are held across India.
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