NEET ordinance gets its first challenge in court

A petition challenging the Centre’s decision to promulgate the NEET ordinance has been filed by health activist Anand Rai. Photo: Mint
The ordinance that deferred by a year the Supreme Court order to conduct the National Eligibility Entrance Test (NEET) from 2016 is back in court.
Health activist Anand Rai, known for exposing the Vyapam scam—an admission and recruitment scandal in Madhya Pradesh—on Thursday filed a petition in the Supreme Court against the centre’s decision to promulgate the ordinance.
The petition that sought the quashing of the ordinance questioned the centre’s flip-flop on the issue. The centre had initially accepted the apex court’s order and later partially reversed it through the ordinance.
The centre’s decision was in violation of Section 14 (right to equality), Section 21 (right to life) in terms of its arbitrary character and with regards to the students who would suffer irreparably because of the constantly changing stand by the centre, the petition stated.
The petitioner said various associations across the country have to be treated with equality under law and administrative authority should be exercised to assure a degree of fair decision-making. The centre had given an undertaking and fulfilled criteria for a unified NEET, and yet within four weeks, it passed the ordinance, the petition said, calling the ordinance “arbitrary”.
“This would go on to show mala fide and ill intent towards the admission of students who will ultimately suffer because of this see-saw approach by the centre,” the petition stated.
Rai also pointed to corruption in state entrance exams as a major reason to question the centre’s stand. “NEET should be implemented for all medical colleges from this year itself. State medical examinations are a source of immense corruption, which is evident from the Vyapam scam,” said Rai.
He said that the state entrance tests are usually rigged and are often conducted again. “We need one standard entrance and ensure that it is conducted free and fair,” Rai added.
On states’ concerns over the lack of provision for taking the test in regional languages in NEET, Rai said that medical education is essentially imparted in the English language.
“The Medical Council of India, which regulates medical education, says that a first division in English is compulsory for MBBS. Also, when states do not have issues with engineering or law entrance examinations, then why on the medical entrance?” asked Rai.
Legal experts, however, say that the centre is within its rights to exempt states from NEET for one year. “NEET was scheduled to be held under a central Act, which was upheld by the court holding that it should be implemented this year itself. Personally, I think that if the centre, through an ordinance, wishes to hold the exam after a year, it is within their rights. The centre can take a stand on whether it wants to hold the exam this year or after a year; such a decision is within their realm,” said senior advocate Jayant Bhushan.
Students, though, want clarity on the issue at the earliest.
“The most important thing now is to know whether it is only NEET or not. Performance of many students has suffered because of the lack of clarity,” said Ameya Suri, a student from Mumbai who appeared for NEET that was conducted on 1 May.
Meanwhile, Sankalp Charitable Trust, on whose public interest litigation the apex court passed the order, also said that it is preparing to file a petition challenging the ordinance.
A date on hearing in the case is yet to be decided.

Popular posts from this blog

PG Doctors of India must work not more than 48 Hr/week: SC

Image
As per the directives of the Honourable Supreme Court in its judgment dated,25.9.87, in writ petition No. 348-352 of 1985, all the State Governments, Medical Institutions and Universities are required to amend their rules and regulations to introduce a uniform residency scheme by 1993 “A uniform practice has to be evolved so that the discipline would be introduced. We accordingly allow the present arrangement to continue for a period of five yearsI.e. upto 1992 inclusive. For admission beginning from 1993 there would be only onepattern. All Universities and institutions shall take timely steps to bring about such amendments as may be necessary to bring statutes, regulations, and rules obtaining in their respective institutions in accord with this direction before the end of 1991 so that there may be no scope for raising of any dispute in regard to the matter.The uniform pattern has to be implemented for 1993. It is proper that one uniform system is brought into vogue throughout
Read more

Why DNB exam tougher than MS/MD exam?

Image
Guest article by Dr Kalyan R Kone   There were 6 people (accompanied by their relatives) sitting in the small waiting room outside the ward waiting for their call inside. They looked battered, tense and had such a depressed look in their eyes that even Shylock would have sympathized with them. They had cleared their DNB (Diplomate of National Board) theory exam and were making last minute preparations for their practical exam. If I were not told that they were all Doctors, I would have thought that they were all waiting for their turn to see a psychiatrist. Dr Kalyan R Kone Five out of six of those waiting doctors were appearing for the second or third time. In spite of that, they didn’t know what would be in store for them except one thing — only one or two would pass out of the six candidates. I thought for a moment that it was a good ploy by the NBE (National Board of Examination) to generate funds – after all, where would these poor guys go except appe
Read more