Supreme Court quashed: Common Entrance Examination for Medical College admissions.

The Supreme Court of India on Thursday quashed the National Eligibility cum Entrance Test (NEET) for admission for medical colleges.  It was a single entrance cum eligibility exam for admission in all medical colleges in India.  Giving a verdict in 2:1 majority, the Supreme Court held that the Medical Council of India has no power to conduct single entrance exam and force it on the Government and Private medical colleges. 

The Supreme Court, however, made it clear that its verdict will not affect the admissions which have taken place. 

The Bench said that the MCI notification was in violation of Article 19, 25, 26, 29 and 30 of the Constitution.

19. Protection of certain rights regarding freedom of speech, etc.-

(1) All citizens shall have the right-

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; _13[and]_14* * * * *

(g) to practise any profession, or to carry on any occupation, trade or business.

Right to Freedom of Religion

25. Freedom of conscience and free profession, practice and propagation of religion.-

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law-

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Right to Freedom of Religion

26. Freedom to manage religious affairs.-

Subject to public order, morality and health, every religious denomination or any section thereof shall have the right-

(a) to establish and maintain institutions for religious and charitable purposes;

(b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with law.

Cultural and Educational Rights

29. Protection of interests of minorities.-

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Cultural and Educational Rights

30. Right of minorities to establish and administer educational institutions.-

(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

_20 (1A) In making any law providing for the compulsory acquisition of any property of any educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.]

(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. 21(* * *)