SC Hearing Update: Feb 28

  • NEET PG case (T.C.(C)No.98/2012) was listed as item no. 3 in the final cause list for the Court no. 1. (28th Feb)
  • The case discussion started around 11 am and continued till evening.
  • Today the hearing started with Mr. Ambhoj Kumar Sinha, Senior Advocate.
  • He represented Ramachandra University (Case – 90,123,129 S.(4001) )
  • He presented his arguments for about 1 hour 15 minutes.
  • Next Mr.Pavani Parameswara Rao (P.P. Rao) presented his arguments on behalf of the State of Andhra Pradesh.
  • Finally, Mr. Nageswara Rao presented his arguments (he represented private colleges).
Summary of arguments:
  • The MCI act does not empower the Medical Council of India with the authority to make regulations regarding entrance examinations
  • The MCI can decide how to run MBBS and PG courses
  • But the universities and colleges have the power to choose the process by which students are admitted into the colleges
  • The MCI lawyers have not yet presented their arguments
  • They can reply to the arguments put forward by the petitioners after all their arguments are heard
  • Case has been postponed to 5th March for next hearing.

Mr Ajay completed his arguements on behalf of SRMC. Mr L N Rao completed his arguments on behalf of Tamil Nadu. It was followed by Mr P P Rao on behalf of Andhra Pradesh and case hearing for Andhra Pradesh was also completed today. Mr KKV will continue on March 5,2013 on behalf of meenakshi university.

Sr. Counsel Dr. Rajiv Dhawan was requested to file the written statements of the arguments made by him . Few points given in writing (FEB 26&27,2013 ) . 

Special Constitutional responsibility of the Central Government: Education is on the 'Concurrent list' subject to Entry 66 in the Union List of the Constitution. This gives exclusive Legislative Power to the Central Govt. for co-ordination and determination of standards in Institutions of higher education or research and scientific and technical institutions.

Professional councils are responsible only for recognition of courses, promotion of professional institutions and providing grants to undergraduate programmes and various awards. The statutory professional councils are:
• All India Council of Technical Education (AICTE)
• Medical Council of India (MCI) 
• Dental Council of India (DCI) (1948)

Mr Harish salve completed his arguments on behalf of SRMC , Chennai . Tamil Nadu Case hearing started . Mr L N Rao started with strong points against NEET-UG.

Following NEET-UG points were discussed in morning session:

1. Government of Tamil Nadu has been consistently opposing the proposal to apply the National Eligibility cum Entrance examination to determine the admissions for the states own seats (85% UG seats). When the notification was first issued on 27/12/2010, the Government challenged it through W.P.No.342 and in the said Writ Petition the Honorable High Court in its order dated 6.1.2011 has granted interim stay to the notification for UG NEET Entrance Examination in so far as it relates to State of Tamil Nadu and the said stay is still in force. The State Government on its part has filed its Counter on 2.11.2012 for both PG and UG notifications issued for the NEET.

2. Despite the stay, in a fresh development the CBSE has issued a Notification on 1.12.2012 inviting the candidates to apply for the NEET UG Examination seeking applicants wanting to join MBBS/BDS to submit applications online from 1.12.2012 to 31.12.2012 for exam to be held on 5th May 2013.

3. At present for under graduate MBBS Course out of the total available seats with the Government, 85% is filled in by the State as per its policy of reservation based solely on the marks obtained in plus 2 examinations. Remaining 15% seats is surrendered to the All India quota for which every year entrance examination is conducted by the Government of India. The candidates from Tamil Nadu seeking admission under the all India Quota (15%) seats, used to write the entrance examination conducted at All India level by the Government of India. 

4. It is humbly submitted that, considering the above points and in the light of stay already given by the High Court, Tamil Nadu is free to continue its own policy of admission to UG (for the 85 % state quota) based on marks obtained in +2 Marks and its policy of reservation and similarly its policy of having its own examinations for the Post graduate seats (50 %) state quota. However, the notification of the NEET -UG examinations is totally against the policy and the guidelines being followed by our state and this has caused tremendous confusion among the student community desirous of joining Medicine. 

5. It is submitted that the case in respect of Tamil Nadu has many constitutional issues, as Tamil Nadu had abolished the Common entrance test based on an Act of legislature, the Tamil Nadu Admission in Professional Educational Institutions Act, 2006 (Tamil Nadu Act 3 of 2007), to further a policy decision based on a detailed process which was finally given effect to after receiving the President’s assent under Article 254(2) of the Constitution of India. ]

6. The policy decision was based on detailed study on the issue by an expert committee whose report led to the Act which was passed by the Assembly and also circulated to the relevant Ministries in the GOI and after following a due process finally given Assent to by the President. Now by the notification of the NEET under section under MCI Act, the MCI has ignored the legislation already in vogue and attempted to subvert it through the amended gazette notification against with the state has already obtained a stay which was pending in the High Court before this transfer. It involves substantive issues of law and constitution and grave injustice would be done if CBSE goes ahead with the NEET-UG examinations to determine the merit list for the state’s 85 % seats.

7. It is submitted that the system now followed in the State of Tamil Nadu is based on providing equity, social justice, equal opportunity and also ensuring service in rural areas among other things on which detailed counter has already been filed in the High Court of Madras on Case No 341 and 342 including a detailed additional counter. MCI and GOI without addressing the substantive issues of law have now with this transfer petition attempted to short circuit the entire process without providing solution to the issues. 

8. Already the Honorable Chief Minister of Tamil Nadu has twice brought it to the notice of the Honorable Prime Minister of India listing out all the issues and also highlighting the facts, for which no specific replies have been received addressing the issues raised. 

9. It is submitted that in this state of Tamil Nadu, in the existing system of admission to MBBS/BDS Courses to the Government Medical and Dental Colleges and the Government Quota of seats in self-financing colleges, meritorious students are selected based on their performance in the subject Biology, Physics and Chemistry in the 12th Standard Board Examinations. In Tamil Nadu present system of admission to Under-Graduate Medical Courses based on marks obtained in 12th class examinations paves the way for more number of rural students getting admission into MBBS Course. The citizens of India are entitled to have their health taken care of by the State by virtue of Article 21 of the Constitution of India. Unless the rural areas are served with specialized Doctors, the people will be denied of their right of public health care. Further, if the Common Entrance Examination is introduced in the Tamil Nadu State, students hailing from urban and semi-urban areas who have got more exposure and who have got more opportunities for training/coaching in the Institutes running solely for the above purpose, will march ahead in large number than the students hailing from of rural areas in getting admission to MBBS course. In the state of Tamil Nadu, in the existing system of admission to MBBS / BDS Courses to the Government Medical and Dental Colleges and the Government Quota of seats in self-financing colleges, meritorious students are selected based on their performance in the subject Biology, Physics and Chemistry in the 12th Standard Board Examinations. There is rural and urban variation in performance in the qualifying examination also. Though the rural students are more talented and secure higher marks in the 12th standard examinations, they are not in a position to compete with the urban and Semi-urban students who have got more facilities to equip themselves to face the Entrance Exam. It is submitted the National Entrance Exam will definitely deprive the rightful opportunity of rural students in getting admission to MBBS Course and dilute the constitutional guarantee of equality.

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