Today, the Supreme Court of India has quashed the notification of the Medical Council of India for a NEET exam (National Eligibility-cum-Entrance Test ) which was an integrated exam for all the M.B.B.S. Seats, B.D.S. Seats and Post Graduation Seats in all the colleges of India.
A common merit list would be made on whose basis, the students would be admitted in colleges. It was an All India Entrance Exam.
A full bench of the Supreme Court was sitting to hear the constitutional validity of this case. In a 2:1 majority judgment, the NEET exam was called unconstitutional and the notification of MCI was struck down. The apex court has however made it clear that this judgment will not apply to the admissions which have already taken place and it will apply to the future admissions.
The majority verdict by Chief Justice Altamas Kabir and Justice Vikramajit Sen have stated that the MCI is not having the required authority to prescribe an All India Medical Entrance Test. They have stated that this notification by the MCI was violating the Articles 19, 25, 26, 29 and 30 of the Indian Constitution.
Justice A R Dave who has dissented with the majority view of the bench has said that, "Holding of National Eligibility Entrance Test (NEET) is legal, practical and is the need of the society. Hence, I have dissented,".
There were 115 petitions in various courts of India challenging this MCI notification. However on 13th January this year, the Supreme Court had ordered for the transfer of all the cases to this Court.
On 13th December 2012, this Apex Court had ordered all the exams should be conducted in the same way as they were being conducted before this MCI notification i.e. by the various private medical colleges, government colleges, etc separately. The Supreme Court had however ordered not to publish the results before taking the prior assent of this Court. On 13th May 2013 the Supreme Court had ordered the publication of the results of the entrance tests.
Thus the NEET exam is no more.
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