NGO files petition in SC seeking review of its decision to quash NEET

Updated on: Wednesday, August 07, 2013

An NGO on Monday filed a petition in the Supreme Court seeking review of its decision to quash the National Eligibility-cum-Entrance Test (NEET), a single-window examination for filling MBBS, BDS and post-graduation seats in both government and private medical colleges.

In its July 18 judgment, a three-judge bench by a two-to-one majority quashed NEET saying Medical Council of India, which only had the mandate to prescribe standards of medical education, could not have imposed the single-window admission test which violated private colleges' right to carry on business and the right of minority institutions to establish and manage educational institutions.

The NGO, in its petition, said the majority erred in so deciding because a five-judge bench order in Preeti Srivastava case had held that norms of admission would have a direct impact on the standards of education. The five-judge bench had also held that standards of education in any institution or college would depend upon several factors and the calibre of students to be admitted to the institutions would be a relevant factor.

The petitioner said the majority view fell in error as it failed to take note of the fact that a common entrance test could by no stretch of imagination curtail the fundamental right to practice a profession guaranteed under Article 19(1)(g).

"In fact, the minority view in the judgment correctly held that fundamental right to practice a particular profession, especially when the profession is such which would require highly skilled person to perform the professional duties, can always be regulated by the state. The right to carry own profession by running a business of medical institution cannot grant unfettered right of admitting undeserving students," the NGO said.

"One of the main considerations of having a common entrance test conducted by MCI was to check the malaise of money making in the admission process by selling seats for crores of rupees, which has been going on for last so many years in private colleges," it said.

"One of the main objectives of having NEET was to check the rampant corruption/back door entries of non-deserving candidates to this highly skilled and respected profession. Recently, one TV channel had carried out a sting operation which showed how these private colleges sell seats in medical colleges for huge money. The majority judgment completely erred in observing that there has not been any complaint of maladministration in the admission process in these private colleges," the petition said.

NGO files petition in SC seeking review of its decision to quash NEET

More Education news