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Supreme Court bench, consisting of Justices H L Dattu, A R Dave and Vikramjit Sen, on Thursday, agreed to review its order passed earlier under the chairmanship of then outgoing Chief Justice of India Altamas Kabir, which quashed a nationwide entrance test NEET (National Eligibility cum Entrance Test) prescribed by Central Government Ministry of Health and Medical Council of India (MCI) for admissions to UG and PG courses in medical sciences.
It may be recalled that the Supreme Court decided against the introduction of NEET on July 18 and the order of the Court had allowed private medical colleges to frame their own admission norms and charge the fees.
Then Justices Kabir and Sen had formed the majority of 3 judge bench to question the authority and power of MCI to make NEET mandatory for admission to MBBS, BDS and MD. However, the lone voice of dissent, Justice Dave had disclosed that there had not been “proper discussion” on the draft verdict and as he had stood by the NEET, saying it was on wider interest of students that such examination would curb the malpractices in admission to medical stream and that will ensure only talented would get the admission.
The SC July 18 order to quash the NEET did not also go down well with many parents and students because they believe single-window exam like NEET promise transparency and also provide relief to the students from applying and appearing in multiple medical entrance examinations. Admissions based on results of NEET are also supposed to guarantee check on capitation fees charged by many private medical institutes.
Both the Centre and the MCI referred to the ratio laid down in constitution bench judgments in TMA Pai, Islamic Academy and PA Inamdar cases to argue in their review petitions that “the majority judgment under review suffers from a series of errors apparent on the face of record. It unsettles the settled legal position that merit as determined in common entrance test is to be the basis for admission for professional education”, reports TOI