Invoking Art 370, state moves SC over NEET

Ishfaq Tantry

Tribune news Service

Srinagar, May 2 

The state today moved an application before the Supreme Court seeking exemption from the applicability of the National Eligibility-cum-Entrance Test (NEET) in the state. 

While seeking a “clarification/modification” of the Supreme Court order on NEET dated April 28, J&K has invoked its special status, saying that the state has “exclusive powers” in matters of education, including the “right to conduct” examinations for admission to undergraduate medical courses.

The apex court will hear J&K’s application along with a batch of applications seeking that NEET should not be thrust on the states on May 3.

With NEET being made the single and mandatory common entrance test, the apex court it its interim orders on April 28 had made it clear that all seats in medical courses, including MBBS and BDS, in all medical colleges in the country should be filled through NEET.

“The state of J&K enjoys a sui generis relationship (special relationship), unlike any other state in the Union of India by virtue of Articles 370 and 35A of the Constitution India. No part of the Constitution India is applicable to the state of J&K unless it forms a part of the Presidential Order,” the J&K Government has argued in its application before the Supreme Court, which was moved through senior lawyer Gopal Subramanium and its standing counsel Sunil Fernandes.

The state government stresses that J&K also enjoyed “exclusive powers” in matters of education, including the right to conduct examinations for admission to undergraduate medical courses.

“We today moved this application before the Chief Justice of India, who has allowed the urgent mentioning and accordingly the application is listed for Tuesday,” said Sunil Fernandes.