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Supreme Court declines order on national medical entrance test

New Delhi: The Supreme Court on Friday declined to pass an order on the central government’s plea seeking amendment of the Medical Council of India’s December 2010 notification to hold a National Eligibility-cum-Entrance Test (NEET) for undergraduate medical courses from academic year 2013-14 instead of 2012-13.

Apparently not pleased with the latest position of the central government, a bench of Justice H L Dattu and Justice C K Prasad said, “We don’t want to be party to any such decision. First you notify the rules for common entrance tests and then you don’t want to implement it.”

As Additional Solicitor General Harin Rawal and MCI’s senior counsel Amarandra Sharan sought more time to switch to a common entrance test, Justice Dattu said, “It is for you to conduct the NEET or not conduct it, it is not for us.”

“Orders are passed at your convenience. Draft regulations had already been filed. Now you say you will not do it in 2012-13. This court will not be a party to the postponement.”

While allowing the government to take any executive action it wanted to take, the court said: “You do whatever you want, we will not be party to it.”

The court’s response came when Rawal drew the court’s attention to the divergent positions taken by several state governments for agreeing to participate in NEET for under graduate medical course involving MBBS and BDS.

The additional solicitor general withdrew the central government’s application after the court made it candidly clear that it was not going to pass any order.

Despite the rebuke by the court, it was evident that the central government would delay the holding of NEET for MBBS and BDS courses by academic year 2013-14.

Its application said that the chief ministers of Maharashtra, Karnataka, Andhra Pradesh and Assam have sought to be exempted from the NEET for 2012 as the students of their states would require some more time to switch over to the new system and get fully acquainted with the syllabus prescribed by the MCI.

The court was told that Maharashtra, Gujarat and Goa has shown readiness for the NEET from the academic year 2013-14 where as Andhra Pradesh is inclined to join the NEET but has sought exemption for two years.

Kerala, the application said, has shown its willingness to join NEET with a rider that “all its reservation policies in admission to medical courses may be allowed to be followed.”

On the other hand, Assam has expressed reservation in respect of the minimum eligibility marks as provided under the NEET and said that it should be “allowed to add grace marks in order to ensure that adequate number of students from the state are selected for seats earmarked for the state in medical colleges”.

However, West Bengal has expressed preference to continue with a joint entrance examination board for all the colleges in the state, but would be ready to join the NEET for undergraduate medical courses if it was assured that Bengali language would be one of the media for the examination. [Source: IANS]


  1. Dr. A. K. Maity , KOLKATA , WEST BENBAL Dr. A. K. Maity , KOLKATA , WEST BENBAL Sunday, December 25, 2011

    In National Eligibility-cum-Entrance Test (NEET) – Undergraduate Medical Entrance there is a common syllabus, single exam, one result. Medical Council of India (MCI) has agreed to reserve 85% seats as State Quota on demand of different State Govts at MCI meeting. This goes against efficiency and real talents – violating constitutional rights.
    In West Bengal, Tamil Nadu and some other states there were District-wise reservation in middle of sixty’s for admission to a medical college which was struck down by Supreme Court on the ground that the object of the selection of candidates for the admission is to select the best possible talent from the entire state, having regards to efficiency required for medical profession. It is against Article 14 of Indian Constitution. Observation of Supreme Court are same for about two dozen of same type cases up to 2011.
    (Supreme Court Case : (i) Minor P. Rajendran vs State Of Madras & Others on 17 January, 1968. (ii) Dr. Pradeep Jain and Others Vs Union of India and Others ,Writ Petitions Nos. 6091, 8882-83, 9219 and 9820 of 1983, Civil Appeal No. 6392 of 1983 , EQUIVALENT CITATION – 1984-(001)-Scale-0894-SC 1984-(002)-LLJ-0481-SC 1984-(003)-SCC-0654-SC 1984-(003)-SCR-0942-SC 1984-AIR-1420-SC CORAM P. N. Bhagwati A. P. Sen Ranganath Misra DATE OF JUDGMENT – 22.06.1984 )
    So State-wise reservation of 85% NEET – UG medical seats for admission in a medical college through NEET is against Article 14 of Constitution.
    When there will be no state-wise reservation, in educationally backward states majority of seats in medical will be filled up by the brilliant students of other states. Provincialism will create a new problem – all over the country there will be a problem of law and order.

  2. Dr. A. K. Maity Dr. A. K. Maity Sunday, December 25, 2011

    Dr. Maity Educational & Medical Research Institute Private Limited, a unit of which is the well-known coaching centre ‘Rainbow’ for Medical & Engg. Entrances in West Bengal & other various All India Medical & Engg Entrances, have prayed before Hon’ble High Court at Calcutta [Writ Petition No. 21467 (W) of 2011 ] on this 13th December 2011 to stay the Gazette Notification by MCI for NEET-UG & PG and also prayed to give order to continue the West Bengal Joint Entrance Examination in the State by West Bengal Joint Entrance Examination Board for the academic year 2012-2013 without changing existing question pattern and syllabus.

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