Some oncoming issues:
1. What will happen to common exam on DNB?
2. Why common board exam in 10th and 12th?
MCI is likely to appeal against the apex court order
on NEET.
Following is the gist of Dr Dave’s order.
1. The order was passed in hurry with one of the
judges passing it on the last day of his retirement.
2. Prior to preparation of the draft judgment, no
discussion was held on the subject by the three judges.
3. Sections 19A and 20 of the MCI Act permit the MCI
to prescribe the minimum standards of medical education.
4. Section 33 of the MCI Act also empowers the MCI
to make regulations to carry out the purposes of the Act.
5. It is a matter of sound common sense
that to have doctors well-versed in the subject of medicine and
having proficiency in their field, we should have suitable and
deserving students who should be imparted good
medical education and there should be strict supervision
over the education system so as to see that the students who are
not up to the mark or are not having the highest standards of
education are not declared successful at the
examinations.
6. Three should be effective regulations at three
different stages
1. The first stage is the
admission of the students to medical colleges: The students who are
admitted to the medical course should be suitable and should have the right
aptitude so that they can be shaped well into the medical profession after
being imparted proper education.
2. The second stage is with regard
to determination of syllabus and the manner of imparting
education: MCI should see that proper medical training is given
3. Finally, the examinations,
which the students have to pass to prove their worth as successful students
should also be strictly regulated.
7. NEET to be conducted under the supervision of the
MCI, standards of the students at the stage of their admission to the medical colleges
would be regulated.
8. Every one understands the importance of quality
of input, when something is to be produced, manufactured or developed.
Even when one thinks of manufacturing any article, the manufacturer is
conscious about the quality of the input and he would invariably select the
best input i.e. such raw material so as to
make his final product excellent. The principle is not different in the field of
education. If an educational institution wants an excellent output in
the nature of a well-trained, well educated, well
groomed professional, the institution must see that suitable
and deserving students having an aptitude for becoming
good doctors are admitted to the
medical college.
9. If among all good students, there are students
who are not up to the mark, who are lagging behind in their studies, who are
weak in studies, it would not be possible to educate or groom such students
effectively and efficiently.
10. A weak student may lag behind due to his lower
level of grasping or education or training.
11. It becomes the duty of the regulating authority
to see that quality of the students at the stage of admission is
thoroughly examined and only deserving and suitable students are given
admission to the medical colleges so as to make them suitable members of a
noble profession upon completion of their studies.
12. MCI has introduced the NEET for this purpose
only.
13. NEET is a nationwide common examination to be
held at different places in the country so that all students
aspiring to have medical education can appear in the examination
and ultimately, on the basis of the result of the examination,
suitability and eligibility of the students for admission to the
medical profession can be determined.
14. This system is a part of regulation whereby
entry to the field of medical education is regulated in such a way that only
eligible and suitable students are given admission to medical colleges.
15. If NEET is conducted
under the supervision of the apex
professional body, it would inspire confidence in the system and
in that event, the selection of the students for admission to the medical
profession would be on merit based
selection.
16. No extraneous consideration would come into play
in the process of selection.
17. The process of selection would not be
influenced by irrelevant factors like caste and creed,
community, race, lineage, gender, social or
economic standing, place of residence – whether
rural or urban, influence of wealth or power; and admission
would be given only to the students who really deserve to
be well qualified physicians or dentists.
18. Thus, there would not be any discrimination or
influence in the process of selection.
19. Though the students can be selected only
on the basis of their merit, it would be open to the States to follow
their reservation policy and it would also be open to
the institutions based on religious or linguistic minority to select
students of their choice, provided the students so
selected have secured minimum marks prescribed at the NEET.
20. From and among those students, who
have secured prescribed qualifying marks, the
concerned institutions, who want to give priority to
the students belonging to a particular class or caste
or creed or religion or region, etc. would be
in a position to give preference to
such students in the matter of their admission to the
concerned medical college. Thus, the purpose with which the
Articles 25, 26, 29, and 30 are incorporated in our Constitution would be fully
respected and implemented.
21. Centralization of the selection process under
holding the NEET would help the students to appear at the examination from any
corner of our nation.
22. The result of the examination would be published
at the same time on one particular day and with the same standard.
23. There would not be any problem with regard to
equalizing marks and merits of different students passing different
examinations from different regions or states or universities or colleges.
24. The process of selection would be equal, fair,
just and transparent.
25. All the students would be in a position to
compete from a common platform and the test will have credibility in the eyes
of the students and the society.
26. The students would be benefited because they
will not have to appear at different places on different days at different
examinations for the same purpose.
27. The cost of appearing at the NEET would be much
less as the aspiring students will not have to purchase several expensive
admission forms and will not have to travel to different places.
28. The apprehension that the minority
institutions or the educational institutions belonging
to special classes would be adversely affected because of the
introduction of the NEET is not well founded. The policy with regard to
the reservation can be very well implemented if the NEET is introduced because
the NEET would determine standard or eligibility of a student who is to be
imparted education in the field of medicine. The institution imparting medical
education will have to see that the student to be admitted is
having minimum standard of suitability and the institution
will be at a liberty to select a student of its
choice if it wants to promote a particular class of
persons. By admitting suitable and deserving
students having an aptitude for becoming doctors,
the religious institutions would be in a position
to have better doctors for fulfilling their
objective.
29. Moreover, the policy with regard to reservation
for certain classes, followed by the States would also not be adversely
affected. From the deserving eligible students, who have procured
qualifying marks at the NEET and who belong to the reserved classes would be
given preference so as to fulfill the policy with regard to reservation.
Thus, the students belonging to the reserved classes would also not suffer on
account of holding the NEET.
30. The MCI has power to regulate. Meaning of the
word `to regulate' would also include
controlling entry of undeserving or weak students into the profession, who
cannot be groomed in normal circumstances as good physicians
or doctors or dentists. The term `regulate’ would normally mean to control
something by means of rules or by exercise of control over a system.
31. The above question has been rightly answered by
this court in the case of Dr. Preeti Srivastava and
Another vs. State of M.P. and Others (1999) 7 SCC 120 to the effect
that norms of admission will have a direct impact on the standards of
education.
This court has observed that the standards of
education in any institution or college would depend
upon several factors and the caliber of the
students to be admitted to the institutions
would also be one of the relevant factors.
Moreover, in view of entry 25
of List III of the Seventh Schedule
to the Constitution, Union as well as the States have power to
legislate on the subject of medical education, subject to the
provisions of entry 66 of List I of the Seventh Schedule, which
deals with determination of standards in
institutions for higher education.
In the circumstances, a State has the right
to control education, including medical education, so long as the field is
unoccupied by any Union legislation. By virtue of entry 66 in List I to
the Seventh Schedule, the Union can make laws
with respect to determination of standards in institutions for higher
education. Similarly, subject to enactments, laws made with
respect to the determination of standards
in institutions for higher education under power given to the
Union in entry 66 of List I of the Seventh Schedule, the State
can also make laws relating to education, including technical
education and medical education. In view of the above position
clarified in the case of Dr. Preeti Srivastava (supra), the
NEET can be conducted under the supervision
of the MCI as per the regulations framed under the Act. As
stated hereinabove, Section 33 of the Act enables the MCI to make
regulations to carry out the purposes of the Act
and therefore, conducting the NEET is perfectly legal.
32. In para 36 of the judgment delivered in the case
of Dr. Preeti Srivastava (supra), this Court has held
that for the purpose of maintaining standards of
education, it is very much necessary to see that the
students to be admitted to the higher
educational institutions are having high caliber and therefore, in the
process of regulating educational standards in the
fields of medicine and dentistry also the above
principle should be followed and the apex professional
bodies should be permitted to conduct examinations in the nature of the NEET.
33. Similar question with regard to having a common
test had arisen for admitting students aspiring to become veterinary surgeons.
The question was whether it was open to the apex body of the said profession to
conduct a common entrance test. Ultimately, the issue had been resolved by this
court in the matter of Veterinary Council of India vs. Indian Council of
Agricultural Research, (2000) 1 SCC 750. This court, after considering
several issues similar to those which have been raised in these petitions, held
that it was open to the concerned regulatory Council to conduct a common
entrance test.
34. So far as the rights
guaranteed under Article 19(1)(g) of the
Constitution with regard to practicing any profession or carrying
on any occupation, a trade or business, are concerned, it is needless
to say that the aforestated rights are not unfettered.
35. Article 19(6) of the Constitution permits the
State to enact any law imposing reasonable restrictions on the rights
conferred by Article 19(1) (g) in relation to the professional or technical
qualifications necessary for practicing any profession.
36. Rights guaranteed to
the petitioners under the provisions of Articles 25,
26, 29 and 30 would not be violated by permitting the NEET. It is
always open to the petitioners to select a student subject to his being
qualified by passing the examination conducted by the highest professional
body.
37. The apprehension that autonomy of the
petitioner institutions would be lost if the NEET is permitted is not true.
The Government authorities or the professional bodies named hereinabove
would not be creating any hindrance in the administrative affairs of the
institutions. Implementation of the NEET would only give better students
to such institutions and from and among such highly qualified and suitable
students, the minority institutions will have a right to select the students of
their choice.
Justice
Dave’s final remarks
1. in my opinion, it cannot be said that
introduction of the NEET would either
violate any of the fundamental or legal rights of
the petitioners or even adversely affect the
medical profession. In my opinion, introduction of the NEET would ensure
more transparency and less hardship to the students eager to join the medical
profession. Let us see the consequence, if the apex bodies of medical
profession are not permitted to conduct the NEET. A student, who is good at
studies and is keen to join the medical
profession, will have to visit several different States
to appear at different examinations held by different medical colleges or
institutes so as to ensure that he gets admission somewhere. If he
appears only in one examination conducted by a particular University in a
particular State and if he fails there, he would not stand a chance to get
medical education at any other place. The NEET will facilitate all students
desirous of joining the medical profession because the students will have
to appear only at one examination and on the basis of the result of
the NEET, if he is found suitable, he would be in a position
to get admission somewhere in the country and he can have the
medical education if he is inclined to go
to a different place. Incidentally, I may state here that
learned senior counsel Mr. Gupta had informed the Court that some medical
colleges, who are more in a profiteering business rather than in the noble work
of imparting medical education, take huge amount by way of donation or
capitation fees and give admission to undeserving or weak students under one
pretext or the other. He had also given an instance to support the
serious allegation made by him on the subject. If only one examination in the
country is conducted and admissions are given on the basis of the result of the
said examination, in my opinion, unscrupulous and money
minded businessmen operating in the field of education would
be constrained to stop their corrupt practices and it would help a lot,
not only to the deserving students but also to the nation in
bringing down the level of corruption.
2. For the aforestated reasons, I am of the view
that the petitioners are not entitled to any of the reliefs prayed for in the
petitions. The impugned notifications are not only legal in the eyes of
law but are also a boon to the students aspiring to join medical profession.
All the petitions are, therefore, dismissed with no order as to costs.
