SC: NEET applicable to minority institutions

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 didn’t violate their rights by prescribing a uniform test for admissions to graduate and postgraduate professional medical and dental courses.

Noting that the National Eligibility cum Entrance Test (NEET) has been prescribed by the legislature in the larger public interest, a three-judge Bench led by Justice Arun Mishra said the provisions were reasonable conditions of recognition/affiliation binding on all such institution 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 to 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 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.

The top court rejected minority institutions’ contentions, saying the provisions of the MCI/DCI Act and the regulations couldn’t 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) of the Constitution, it said.

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