SC begins hearing pleas of states, others against NEET

The Apex Court, which took note of the “peaceful” holding of the first phase of the a single common entrance test through NEET (National Eligibility Entrance Test) on May 1, said “there was no urgency” in passing the order on fresh pleas and would give the decision after hearing all stakeholders.

It asked the Centre and the Central Board of Secondary Education (CBSE) to give wide publicity about holding of the second phase of NEET on July 24 through press notes and Internet so that those, who were unable to take the May test can try their luck.

Before commencing the hearing, the court asked the Centre and the CBSE to provide it with the data about the number of candidates appearing in the first phase of the NEET from each state.

It also took note of the contention raised by various state governments about the language issue, i.e. use of vernacular languages by asking the Gujarat government to place before it the question papers of the last two years.

Just before the hearing, J&K, Andhra Pradesh and Telangana cited special constitutional provisions to contend that only the state can have the say in holding examination for MBBS and BDS courses.

The J&K government cited constitutional provision of Article 370 read with Article 35A and section 6 of the J&K constitution to contend that it is the state which is entitled to conduct the test and the students cannot be admitted to these courses from outside the state through NEET.

Further, on the educational aspect, only the state government has the legislative competence and Centre cannot interfere in it.

While a Bench – comprising Justices AR Dave, Shiva Kirti Singh and A K Goel – was formulating modalities of the hearing, senior advocate Vikas Singh, appearing for the MCI, opposed the contention of vernacular language, saying that MBBS and BDS course across the country is being taught in English.

The day’s hearing saw Karnataka Private Medical and Dental College Association, Christian Medical College, Vellore and Christian Medical College, Ludhiana, along with the Tamil Nadu government, seeking exemption from the NEET citing various reasons.

Senior advocate KK Venugopal said the entrance exam in Karnataka is designed to cater to the rural masses and private agency like TCS has been engaged for smoothly conducting the exam at 154 centres across the country and the candidates have been charged Rs 1,000 for it.

The submission evoked a reaction from the Bench, which said “so many states are conducting separate tests and they must be demanding separate fees”. “The parents and the students have to move from one place to another for taking exams,” the Bench said.

Senior advocate L Nageshwar Rao sought exemption for CMC Vellore from NEET, saying that the minority character of the institution has to be kept in mind so that there should not any compromise with its autonomy and the same argument was taken by CMC Ludhiana, with its counsel saying that it has unique system of entrance in which special paper is on “Bible” to identify the Christian minority. 

Rao also argued for Tamil Nadu government contending that the NEET cannot be imposed as the state law for reserving 85 per cent seats and the admission through the marks of class XII has been validated by the Madras HC.