Sunday, August 18, 2013

REVIEW -TOI REPORT

MCI seeks review of Supreme Court judgment on NEET

NEW DELHI: The Medical Council of India (MCI), which formulated the single-window admission process through National Eligibility-cum-Entrance Test, (NEET), on Saturday moved the Supreme Court seeking review of its July 18 verdict quashing the NEET. 

The court had by two to one majority ruled that the MCI did not have the jurisdiction to enforce common entrance test (CET) on private medical colleges and that the move could also violate constitutional guarantee to minority communities to establish and manage their own educational institutions. 

The MCI's review petition — drafted by senior advocate Nidesh Gupta — hit hard at the logic put forth in the majority judgment authored by the then Chief Justice of India (CJI) Altamas Kabir and said it was wrong on many counts such as it ignored the settled principles laid down by constitution benches of the apex court, wrong understanding of the MCI's powers and wrong appreciation of facts relating to medical admissions. 

It said the only reason behind the opposition to NEET by private medical colleges was that the single-window system blocked the thriving practice among them to admit less meritorious students through backdoor for exorbitant donation or capitation fee. 

Referring to the ratio laid down in constitution bench judgments in TMA Pai, Islamic Academy and PA Inamdar cases, the MCI said, "the majority judgment under review suffers from series of error apparent on the face of record. It unsettles the settled legal position that merit as determined in common entrance test is to be the basis for admission for professional education." 

"The emphasis on matters of heart, human sympathies, beliefs and aspirations in preference to marks obtained in common entrance test will ruin medical education and adversely impact quality of professional education in our country," the council said. 


It said the minority judgment had captured the correct legal position and aptly described that NEET regulations as "boon to the student seeking to join medical profession".

2 comments:

Indresh Kumar said...

good step by govt. it should be little early

Tijo Francis said...

It should be NEET, atleast students wil hav to prepare 4 a single exam...