NEET controversy update: MCI to appeal in NEET matter

Some oncoming issues:

1. What will happen to common exam on DNB?

2. Why common board exam in 10th and 12^th?

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.