The Supreme Court on Monday recalled its July 2013 judgment declaring as unconstitutional the single National Eligibility-cum-Entrance Test (NEET) introduced by the Medical Council of India and Dental Council of India for admission to graduate and post-graduate medical and dental courses.
The implication of this order is that it is open to it to conduct NEET for admissions to over 600 medical colleges across the country for this year.
This will impact students in Tamil Nadu as well though the entrance test is banned in the state by legislation.
A bench comprising Chief Justice Altamas Kabir (since retired) and Justices Anil R. Dave and Vikramajit Sen, by a majority of 2-1, had on July 18, 2013 quashed the NEET. Justice Dave, in a separate judgment, held that the test was valid, and the Medical Council of India, the Centre and several others sought review of this judgment.
In a brief order, the five-judge Constitution Bench, comprising Justices Anil R. Dave, A.K. Sikri, R.K. Agrawal, A.K. Goel and R. Banumathi, said, “We are of the view that the judgment delivered in Christian Medical College vs MCI needs reconsideration. We do not propose to state reasons in detail at this stage so as to see that it may not prejudicially affect the hearing of the matters. Suffice it to mention that the majority view has not taken into consideration some binding precedents and, more particularly, we find that there was no discussion among the members of the bench before pronouncement of the judgment. We, therefore, allow these review petitions and recall the judgment dated 18th July, 2013, and direct that the matters be heard afresh.”
The MCI had said in its review petition, “If the July 18, 2013 judgment is not recalled, it will seriously prejudice the progress of the process of holding a common entrance test which has been evolved over a period of more than five years of deliberations and judicial orders. The majority judgment is based on a series of errors apparent on the face of records and is in ignorance of statutory provisions.”
In its petition the Centre said ensuring uniform standards for medical education was of paramount interest to the patient and the single-window system to draw the merit list was a step in that regard. Holding of a common entrance test came about as a consequence of the Supreme Court’s orders in the Simran Jain case, during the hearing of which a decision was taken that MCI would hold a single entrance test since merit in medical education was essential to ensure quality health care for citizens. It said the guidelines annexed to NEET ensured that the single-window admission system would be in breach neither of the rights of states nor interfere with the rights of religious and linguistic minorities.
