A division bench of the High Court comprising Justice V Eswaraiah and Justice N Ravi Shankar on Wednesday stayed the applicability of National Eligibility Entrance Test (NEET) in Andhra pradesh for the academic session 2013.
The bench was dealing with a document petition filed by the principal secretary, medical and health. The petitioner informed the court that the Article 371(D) of the constitution gave a special status to the state and the presidential order provided for local and non local reservations in admissions to professional courses.
The proposed NEET test nullifies the constitutional safeguards. "The rules governing NEET framed by Medical Council of India cannot override the Article 371(D) of the constitution", the government contended.
K G Krishna Murthy, additional advocate general, told the court that the state had to take to judicial resource to protect the interests of students. The state government had written several letters to the centre but there was no positive response from them.
He further contended that the new syllabus with NEET orientation had come into force only last year and the students who studies the first year intermediate with the state syllabus would be at a damage.
The central government also planned to conduct NEET test in English and Hindi language, the would also result in Telugu medium students. The prohibition of capitation fee Act and the rules made therein provide for weightage to the class 12 marks while fanalising ranks of the students and the NEET rules do not have such provision and the state Act can not be over ruled like this.
The bench granted interim stay and directed to the Medical Council of India (MCI) to file counter affidavit after Dasara Vacation.