The Supreme Court on Thursday ruled out separate entrance tests this year by private medical colleges for admission to MBBS/BDS courses but said it would consider the states’ plea against implementation of NEET this year on the ground that students were caught unprepared.
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A 3-judge bench presided by Justice Anil R Dave, however, refused to clarify if the states could also conduct their own exams, following the court’s nod for the 2-phase National Eligibility-cum-Entrance Test (NEET). The SC will decide whether to conduct the NEET exam as a common medical entrance test across the country or should it allow the states to continue with their respective entrance exams for the admission to MBBS and BDS courses.
“Also, the reservations shall be as per the State Reservation Act and Women would continue to get 50% reservation as provided under State Act besides reservation for other reserved categories”.
According to the schedule, the All India Pre-Medical Test (AIPMT) scheduled for May 1 was treated as first round of the NEET. SC also asked the Centre if those students who appeared for the exam on May 1can again take the exam, on July 24.
The bench, however, said states were free to fix eligibility criteria for admitting students.
The bench said the students, who focused on state tests believing that they had better chances of being selected and did not seriously prepare for AIPMT despite filling up the forms, should be allowed to re-appear in NEET-II. “The Centre, which had earlier supported the states, batted for NEET and told the bench that a common entrance test did not violate state laws”. The matter will be heard again on Friday. The test was initially proposed to take place from 2012 onwards but was deferred by a year by CBSE and the Medical Council of India after stern opposition from various states and private colleges.
Senior counsel V. Giri for Tamil Nadu drew the court attention to the fact that the State had abolished entrance examinations for admission to all courses from 2007 and admissions are being done on the basis of higher secondary marks only. Further, MCI Regulations can not override a law enacted by the state which had received presidential assent.
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Senior advocate Shyam Diwan, appearing for Maharashtra, echoed the same views and said that moreover, the entrance examination in the state is backed by the statute which is still in force and its validity is not under challenge before the apex court. However, the SC has declined to issue an urgent order and will hear petitions from the states and private medical colleges.
