AVIRUP
in Constitutional Law
Asked December 22, 2013

NEET scraped by SC judgment

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I am preparing for the State Joint entrance exams in West Bengal and will be appearing for it in 2015. I heard recently that there was a judgment scrapping NEET by the Supreme Court. Can you please tell me about it and what effect it will have on the medical exams I have to take?

Answer 1

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Ashwini Panwar

While, it’s a little too late to answer the, I would deal with the controversy that took place in 2013 and how the situation currently stands. When the judgement came out in 2013, this judgement brought down the curtain on Altamas Kabir as the Chief Justice of India and the striking down of NEET impacted lakhs of students. The case was decided by a three judge bench with Justice AR Dave dissenting with the majority judgment. The majority held that NEET was illegal and unconstitutional on the grounds that it interfered with the right of private, minority and linguistic institutions. Since the departure of Justice Kabir was imminent, Justice Dave stated that there was very little time and there was no discussion due to lack of time. So, in a way, it could be said that the judgement was given in a rush.

However, the matter was dealt with this year. The matter was decided by five judges (which means they had the power to overrule the three judge bench decision), the Court turned down a bundle of appeals made by states seeking the rights to conduct their own medical admission tests. As per this order, NEET will be the sole medical entrance examination, through which, all medical colleges,  private and minority institutions as well as central and state government run colleges will be admitting colleges. While there was a two phased examination for this year, next year onwards, there will be only one examination. So, to conclude, counselling conducted by colleges stands nullified and seats can only be filled through NEET and any counselling done by any College and any admission granted so far shall be cancelled with admission to be granted only through centralised counselling.

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