Recent decision of Apex Court on NEET was found with no infirmity; But candidates feeling that they could not prepared satisfactorily for NEET-1 can appear in NEET- 2
Interlocutory Application No. 2 in Transfer Case (C) No. 98 of 2012
Bench: Justice Anil R. Dave; Justice Shiva Kirti Singh; Justice Adarsh Kumar Goel
Case Brief: The present bench here is dealing with the number of applications which have been filed by the private medical colleges and also by some other parties like States and through such applications the modification of the order of (April, 2016) which was made in the Writ Petition (Civil) No. 261 of 2016. In the facts of the matter, the notification issued in 2010 by the Medical Council of India- MCI and the Dental Council of India- DCI for amending the existing statutory regulations for providing a single NEET National Eligibility- cum- Entrance Test for admission to the MBBS or BDS course was struck down by the Apex Court, already in 2014 in the case of Christian Medical College, Vellore Vs. Union of India, 2014 (2) SCC 305. However, that decision of the Apex Court was recalled in the year 2016 in the Review Petition. Moreover, in the same month of 2016 after few days, the learned counsel for the Medical Council of India; CBSE and Union of India made statements in the said Writ Petition No. 216 of 2016 that for this academic year 2016- 2017 the National Eligibility- cum- Entrance Test would be held.
This bench observed that recently the Constitution bench has made judgement in the month of May, 2016 in the case of Modern Dental College & Ors. Vs. State of M.P. & Ors., in which that bench has rejected the stand of the private medical colleges, including minorities that conducting of the entrance test by the State Violated right of autonomy of the said colleges. Moreover, the stand that the state law providing for the conducting of the entrance test was upheld. Thus, the bench observed prima facie that there was no infirmity in the NEET regulation on the ground that it affects the rights of the State or the private institutions. Moreover, the special provisions for the reservation of any category are not subject matter of the NEET nor rights of minority are in any manner affected due to such test. As such, this bench found no ground to modify the order of the 2016 as claimed under these applications. However, this bench found merits in the contentions that there would be perceived hardship to the students who have either applied for phase one NEET, but could not appear or who appeared could not prepare fully. Thus, the bench decided to the effect that all such eligible candidates who could not appear in such phase one and those who had appeared but have apprehension that they had no prepared well, will be allowed to appear in second phase, however, such candidate need to give up their candidature from first phase. To this extent the order was modified. Thus, all applications here disposed.