NEET applicable to minority educational institutions also, rules SC

Satya Prakash

Tribune News Service

New Delhi, April 29

 The Supreme Court on Wednesday ruled that NEET was applicable to all educational institutions, including those run by minorities, saying it did not violate their rights by prescribing a uniform test for admissions to graduate and postgraduate professional medical and dental courses.

Noting that NEET has been prescribed by the Legislature in the larger public interest that has to prevail, a three-judge Bench led by Justice Arun Mishra said the provisions were reasonable conditions of recognition/affiliation binding on all such institutions whether run by majority or minority. 

It said, "The conditions are reasonable and cannot be said to be taking away any of the Constitutional rights of minority institutions, (as) they are reasonable, fair and intended to  bring transparency in the professional education imparted by institutions. They are applicable for all institutions alike..."

The Bench held there was no violation of rights of unaided/aided minority educational bodies to administer their institutions under Articles 19(1)(g) and 30 read with Articles 25, 26 and 29(1) of the Constitution.

Several minority educational bodies, including Christian Medical College Vellore Association, had challenged the validity of National Eligibility cum Entrance Test (NEET), contending it violated their right to administer their institutions.

The petitioners had argued that the State had no power to compel an unaided minority institution to admit students through a single centralised national examination, i.e. NEET.    

Further, they had asserted that they had the fundamental right to choose the method and manner of admitting their students, subject to satisfying the triple test of having a fair, transparent, and non-exploitative process.

Earlier, the top court had in 2013 quashed NEET. But in 2016 it allowed review petitions against the 2013 verdict and chose not to put a stay on NEET. 

Wednesday's verdict made it clear that NEET was applicable to all institutions, including minority-run institutions.

The top court rejected minority institutions' contentions, saying the provisions of the MCI/DCI Act and the regulations cannot be said to be ultra vires or taking away the rights guaranteed under Article 30(1) read with Articles 19(1)(g), 14, 25, 26 and 29(1), it said.

"The regulatory measures are intended for the proper functioning of institutions and to ensure that the standard of education is maintained and does not fall low under the guise of an exclusive right of management to the extent of maladministration," it said.

While appreciating good medical professionals produced by various institutions, the top court said, "But, when it comes to the eradication of the malpractices that have crept into the system, we have to take into consideration larger interest of the education countrywide."

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