The Supreme Court Thursday scrapped holding of a single common entrance test (NEET) for admission to MBBS, BDS and post-graduate courses in all medical colleges, paving the way for private colleges to conduct their own examination. The apex court verdict holding that common entrance test for admission in medical colleges "violates the rights of state and private institutions" is likely to have a fallout as such tests are conducted for other rofessional courses like engineering and management.
The three judge bench headed by outgoing chief justice Altamas Kabir, who is retiring today, in a majority 2-1 verdict quashed the notifications for the national eligibility-cum- entrance test (NEET). The CJI's view was shared by justice Vikramjit Sen but justice AR Dave disagreed with them and upheld the NEET saying the policy is "legal" and it will stop corrupt practice of undeserving students getting admission by paying huge capitation fee or donation.
The majority verdict said that common test seems "attractive" but it is "fraught with difficulties" and it would "perpetuate" divide between urban and rural students in the name of giving credit to merit. It quashed the notifications issued by the Medical Council of India (MCI) and the Dental Council of India (DCI) by which admissions to MBBS, BDS and Post-graduate courses to medical colleges were to be made solely on the basis of NEET and states and privately-run institutions were prevented from conducting any separate examination.
Justice Dave in his dissenting judgement said the NEET was not only legal but practical and is the need of the society for ensuring more transparency and less hardship to the students eager to join the medical profession. "If only one examination in the country is conducted and admissions are given on the basis of the result of the said examination, in my opinion, unscrupulous and money-minded businessmen operating in the field of education would be constrained to stop their corrupt practices and it would help a lot, not only to the deserving students but also to the nation in bringing down the level of corruption," he said.
The majority verdict said that enforcing a common entrance test would have "the effect of denuding the state and private institutions, both aided and unaided, some enjoying the protection of Article 30(Right of minorities to establish and administer educational institutions), of their powers to admit students in the MBBS, BDS and the PG course conducted by them".
The CJI and justice Sen said policy of common entrance test directly affects the right of private colleges particularly minority institutions to admit students of their choice and said that MCI is not empowered to conduct the NEET. "Attractive though it seems, the decision taken by the MCI and the DCI to hold a single NEET to the MBBS, BDS and the
Postgraduate courses in medicine and dentistry, purportedly with the intention of maintaining high standards in medical education, is fraught with difficulties, not the least of which is the competence of the MCI and the DCI to frame and notify such regulations," they said. They, however, clarified that the judgement will not invalidate actions so far taken under the amended regulations, including the admissions already given on the basis of the NEET.
Interestingly, Justice Dave in his dissenting judgement said the three judges of the bench "had no discussion on the subject due to paucity of time" which is normally done. He said there is no violation of Fundamental Rights of state and private colleges including minority institution by NEET which would ensure that "no extraneous consideration would come into play in the process of selection".
"In my opinion, the regulations and the NEET would not curtail or adversely affect any of the rights of such minorities as apprehended by the petitioners. On the contrary, standard quality of input would reasonably assure them of sterling quality of the final output of the physicians or dentists, who pass out through their educational institutions," he said.
Justice Dave said that NEET is not only legal but "a boon to the students aspiring to join medical profession". "In my opinion, the afore-stated factors, in practical life, would surely help the students, the profession and the institutions which are not money minded and are sincere in their object of imparting medical education to the aspiring students.
"The cost of appearing at the NEET would be much less as the aspiring students will not have to purchase several expensive admission forms and will not have to travel to different places," justice Dave said. He said that NEET would ensure that students are selected only on the basis of their merit and there would be no discrimination.
"The process of selection (through NEET) would not be influenced by irrelevant factors like caste and creed, community, race, lineage, gender, social or economic standing, place of residence – whether rural or urban, influence of wealth or power and admission would be given only to the students who really deserve to be well qualified physicians or dentists. Thus, there would not be any discrimination or influence in the process of selection.
The CJI, however, opined that NEET would not be able to provide level-playing fields to students belonging to different strata and regions. "It cannot also be disputed that children in the metropolitan areas enjoy greater privileges than their counter-parts in most of the rural areas as far as education is concerned, and the decision of the Central government to support a single entrance examination would perpetuate such divide in the name of giving credit to merit. "In a single window competition, the disparity in educational standards in different parts of the country cannot ensure a level playing field," they said.
