SC quashes unified test for medical courses; 1 judge dissents

The Supreme Court today quashed as unconstitutional the proposed National Eligibility Entrance Test (NEET) for admissions into all medical and dental colleges in India, including MBBS, BDS and post-graduate medical courses.

In a majority verdict, a bench of Chief Justice of India Altamas Kabir, and Justices Vikramajeet Sen and A R Dave ruled that the Medical Council of India (MCI) cannot issue such a notification or conduct common entrance tests.

The verdict was not however unanimous, with Justice Dave expressing the opinion that the NEET was not ultra vires and was in fact necessary.

In an interim order passed in May this year, the apex court had directed the MCI and all private colleges to start their admission process as per the old guidelines, where the MCI, state governments and private colleges conduct their separate exams.

The majority verdict by Chief Justice of India Altamas Kabir and Justice Vikramajit Sen said that MCI is not empowered to prescribe all-India medical entrance tests.

The bench said that the MCI notification was in violation of Articles 19, 25, 26, 29 and 30 of the Constitution.

Justice A R Dave said he did not share the view of Chief Justice Kabir and Justice Sen.

"Holding of National Eligibility Entrance Test (NEET) is legal, practical and is the need of the society. Hence I have dissented," Justice Dave said.

The court's decision came on 115 petitions challenging the MCI notification on NEET for admission to MBBS and post-graduate medical courses conducted in colleges across the country.

On 13 May, the court had lifted the bar on declaration of results of examinations that had already been conducted and said the admission process could go ahead.

It thus modified 13 December 2012 order in which it had stated that MCI, Dental Council of India, as well as the states, universities and other institutions, will be entitled to conduct their respective examinations for MBBS, BDS and post-graduate courses but shall not declare their results until further orders.