SC Takes 23 Cases Against NEET PG Medical Test

The Supreme Court on Friday transferred to itself 23 cases from various High Courts across the country to petitions challenging the National Eligibility Entrance Test (NEET) for admission to PG Medical courses from the session 2013-14.

As per the regulations announced by the Medical Council of India (MCI), seats will be allotted from the national list and state wise merit list prepared by the MCI. Further, 50% of all PG courses will be filled by candidates selected by the state Government.

The state of Andhra Pradesh, Tamil Nadu, several associations of private medical colleges, DD Medical college & Hospital, Tamil Nadu and various individual colleges had filled petitions in the respective high courts an obtained an interim stay against the applicability of NEET to them.

The MCI filed petitions against these orders for seeking transfer of these cased to the supreme court to avoid multiplicity of proceedings. The Supreme Court, While staying all further proceedings, has issued notices to the respondent colleges, States, associations seeking their feedback.

During the hearing on Friday, a three judge Bench of Chief Justice Altamas Kabir and Justices S.S.Nijjar and J.Chelameswar directed that all matters pending in various High Courts be transferred to the Supreme court.

The Bench posted the matter for further hearing on Oct 29 to enable the parties to file their feedback, particularly on the issue of vacating the stay orders passed by the High Courts. The Bench directed the High courts concerned to transfer the records of these cases to the supreme court within one week.

The Bench, however, made it clear that the suspension of these matters "shall not prevent the respondent institutions from receiving for the entrance examination for the year 2013-14 as per their schedule, but that will not entitle the respondent institutions to claim any euity on the basis thereof".

In its transfer petitions, the MCI said the challenge to NEET was misconceived as the Supreme Court in the TMA Pai Foundation judgement has clearly held that there should be a common entrance for admission to professional courses.
It said the substantial question of law involved was regarding the extent of regulation of admissions in private professional unaided minority, non-minority institutions by statutory bodies like the MCI.

The MCI also said that considering the hardships faced by students in filling multiple forms in different States of different examination bodies, as well as private associations and individual colleges, the Supreme Court has suggested a single test.