Coming straight to the nub of the matter, let me begin by first and foremost pointing out that from now onwards admission to all undergraduate medical and dental courses in the country will now be only through the National Eligibility Entrance Test (NEET). Ordering this on May 9, 2016, the Supreme Court invalidated all other exams, conducted by States, private colleges, deemed colleges, and association of management of private colleges. This is truly historic from all angles. It has put a full stop to all the confusion over the validity of examinations conducted by states and private institutions.

A Bench of Justices Anil R Dave, Shiva Kirti Singh and Adarsh K Goel held that, “Only NEET would enable students to get admission to MBBS or BDS studies”. This clearly implies that from now onwards only and only NEET will be the considered valid for gaining admission to all undergraduate medical and dental courses anywhere in India. Now States, private institutions or deemed colleges cannot hold exams for undergraduate medical and dental courses as NEET alone is the valid way to get admission to MBBS or BDS studies as the Apex Court has itself pointed out in its landmark order.

The Apex Court also gave a big concession to medical aspirants by allowing those students who already gave NEET-1 on May 1 to re-appear for the second phase of NEET, slated for July 24, if candidates to give up their candidature for NEET-I. The court made it clear that those students who had appeared for NEET-I held on May 1 would be allowed to take second phase of NEET but their marks in previous test would stand scrapped. However, exams conducted by AIIMS and PGIMER for their MBBS seats would go on as they are regulated by Central legislation.

Also, the Apex Court directed the Oversight Committee constituted recently by a Constitution Bench of the Supreme Court to monitor functions of Medical Council of India (MCI), will oversee the conduct of NEET-II. Needless to say, the Oversight Committee constituted recently by a Constitution Bench of the Supreme Court to monitor functions of MCI would ensure that the conduct of NEET-II is right and everything happens in an orderly manner. This is certainly a right step in the right direction.

The Bench said that, “We direct all such eligible candidates who could not appear in NEET-I and those who had appeared but have apprehension that they had not prepared well, be permitted to appear in NEET-II, subject to seeking an option from the said candidates to give up their candidature for NEET-I”. This clearly implies that all eligible candidates who either could not appear in NEET-I or could not prepare well would now be permitted to appear in NEET-II. This is however subject to the condition that the eligible candidates wanting to appear in NEET-II would have to give up their candidature for NEET-I.

The Bench said NEET does not infringe upon the rights of the state governments or private institutions and that the single-window test must be applied from the current academic year itself. The Bench also asked the three-member high powered oversight committee, headed by former CJI RM Lodha, to oversee NEET-II. Several states, universities and private colleges had already conducted their entrance tests during the last fortnight.

The Central Board of Secondary Education (CBSE), the agency that conducts NEET, informed the court that over 6.5 lakh students appeared for NEET-I. This number is expected to rise to over nine lakh if the registered students are given a fresh chance to appear with those who apply fresh under the NEET. Realising the logistic constraints and other factors that may go into conducting the exam on such a large scale, the Bench directed, “It would be open to the respondent (CBSE) to reschedule the date of holding NEET-II, if necessary”.

The order brought a close to the proceedings that went on for days in which private colleges and States opposed NEET’s implementation this year. The States felt that students will be put to hardship as the common entrance test of States are held in vernacular languages, unlike NEET that was held in English and Hindi. The States have a point which must be looked into.

When the Bench asked CBSE if it was possible to have question papers prepared in vernacular languages, Additional Solicitor General (ASG) Pinky Anand assured that efforts will be made but failed to give any assurance. The final order did not make any recommendation to this effect, leaving it to the choice and discretion of CBSE. One hopes that CBSE would exercise its discretion in a wisely manner that does not jeopardize the future of all those students who are not well versed in English and Hindi as they are comfortable only in vernacular language.

Private colleges too had opposed the NEET claiming it would affect their autonomy. Minority colleges also pleaded their separate character and sought exemption from the NEET. But the Bench was not convinced by this and held that, “Prima facie we do not find any infirmity in the NEET regulation on the ground that it affects the rights of the States or private institutions…nor rights of minorities are in any manner affected by the NEET. The NEET only provides for conducting entrance test for eligibility for admission to MBBS/BDS course”.

Let me remind here that a constitution bench of the Supreme Court agreed on April 11 to review a 2013 verdict quashing an MCI notification on the NEE. This resulted in the revival of a common test for admission to all medical and dental colleges. Acting on a petition filed by a non-profit trust, the bench on April 28 asked the MCI and the CBSE to conduct the NEET this year. The board told the court it had decided to name the All India Pre-Medical Test (AIPMT) as the NEET-I.

All said and done, this landmark verdict by the Apex Court will usher in more clarity and greatly help students. It is a death blow to States’ entrance exams, some of which have already been held or are in the offing. From now onwards all private medical and dental colleges, deemed universities and associations will have to go by the NEET results. This decision has come despite pleas by the Centre and MCI to allow States exams alongside NEET for this year alone.

-Sanjeev Sirohi,

Advocate,