Supreme Court orders single entrance test for medical courses

April 28, 2016

New Delhi, Apr 28: The Supreme Court today cleared the decks for holding of National Eligibility Entrance Test (NEET), a single common entrance test for admission to MBBS and BDS courses, in two phases for the academic year 2016-17 in which around 6.5 lakh candidates are likely to appear.med1

The apex court approved the schedule put before it by the Centre, CBSE and the Medical Medical Council of India (MCI) for treating All India Pre-Medical Test (AIPMT) fixed for May 1 as NEET-1 and those who have not applied for AIPMT will be given opportunity to appear in NEET-II on July 24 and the combined result would be declared on August 17 so that the admission process can be completed by September 30.

The order would imply that all government colleges, deemed universities and private medical colleges would be covered under the NEET and those examinations which have already taken place or slated to be conducted separately stands scrapped.

The order, ending all uncertainity, was pronounced after rejecting the opposition for holding NEET by states including Tamil Nadu, Andhra Pradesh, Telangana, Uttar Pradesh and Association of Karnataka Medical Colleges besides minority institutions like CMC Vellore which had contended that NEET cannot be imposed on them.

The apex court order also revives the Government's Decemeber 21, 2010 notification for holding single common entrance test through NEET with a clarification that any challenge on the issue would directly come before it and no High Court can interfere in it.

The court was of the view that since it has recalled its April 11 order, there was no hindrance in holding the single entrance test.

"In view of the submissions made on behalf of the respondents (Centre, CBSE, MCI), we record that NEET shall be held as stated by the respondents. We further clarify that notwithstanding any order passed by any Court earlier with regard to not holding NEET, this order shall operate. Therefore, no further order is required to be passed at this stage," a bench comprising Justices A R Dave, Shiva Kirti Singh and A K Goel said.

While rejecting the contention that it would not be proper to hold NEET in view of the July 18, 2013 judgement which had scrapped the NEET, the bench said, "We do not agree with the first submission for the reason that the said judgement has already been recalled on April 11, 2016 and therefore, the notifications dated December 21, 2010 are in operation as on today."

"It may however be clarified that by this order hearing of the petitions which are pending before this Court will not be affected," the bench said.

Additional Solicitor General Pinky Anand and senior advocate Vikas Singh, appearing for the Centre and MCI respectively submitted that 6,67,637 candidates are appearing fot the All India Pre-medical/Pre-dental Entrance Test, scheduled for May 1 from 1,040 centres in 52 cities, including abroad.

They submitted that by turning the May 1 entrance exam as NEET-1 would protect the interests of students who have already left their homes for the exams and have fully prepared for it.

Tamil Nadu, through senior advocate L Nageshwar Rao, strongly objected to NEET and said there is no culture of entrance exams in the state since 2007 in view of a prevailing legislation and the marks secured in class XII is considered as qualifying marks to make a level-playing field for the rural students.

Senior advocate K K Venugopal protested passing of the order on behalf of the Association of Karnataka Medical Colleges saying that there should not by any hurry and all stakeholders should be given a detailed hearing.

Senior advocate Gopal Subramanium, appearing for CMC, Vellore said that the entrance exam by the minority institution has been for years and NEET should not come in its way.

The court also rejected the contention of senior advocates Rajeev Dhavan and P P Rao that April 11 order has not revived the NEET and it will not apply to all states which can hold separate entrance tests.

During the hearing, the bench observed that it was running "against the time".
The petition filed by NGO Sankalp Charitable Trust was listed for hearing today after it was mentioned late yesterday.

On April 11, the apex court had recalled its controversial judgement scrapping single common entrance test for admission to MBBS, BDS and PG courses in all medical colleges, delivered by then Chief Justice of India Altamas Kabir on the day of his retirement.

In its petition, the NGO said that the Centre, MCI and CBSE were dilly-dallying in implementing the court's order on implementing the National Eligibility Entrance Test.
It further said that in view of April 11 judgement decks were cleared for holding of Common Entrance Examination and there is no impediment in having the test for admission to Medical Colleges for current academic year 2016-17.

The petitioner claimed that according to a research conducted by the NGO it was found that as many as 90 entrance examinations are being held by private and government authorities separately which resulted in shelling out lakhs of rupees in taking the examination.

"It has also been widely noticed that the examinations are not conducted in a free and fair manner and admissions are granted to chosen few," the plea said.

Comments

ramana rao g v
 - 
Thursday, 28 Apr 2016

The process has almost completed in several states. The decision to conduct the exam NEET is to be considered next year ie for 2017 admissions onwards.

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News Network
February 20,2020

Mangaluru, Feb 20: A wild tusker was spotted in Kukke Subrahmanya town here, in the early hours of Thursday.

Range Forest Officer (RFO), Kukke Subrahmanya Tyagaraj said that it was seen walking from Kashi Kattte in the town to Nuchila around 0530 hours without creating any havoc.

The same elephant was spotted some days ago at Harihara, a small village town near Kukke Subrahmanya.

It has been roaming around in the forests nearby for some time now. So far, it had not caused disturbance to people nor had it damaged any property, Mr. Tyagaraj said.

Kukke Subrahmanya is on the foot of the Western Ghats.

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News Network
February 25,2020

Bengaluru, Feb 25: A smooth-talking ‘swamiji’ has come under police radar after a widow lodged a complaint stating he cheated her of over Rs 27 crore and three kgs of gold between 2016 and 2019.

The woman, Geetha of Ramamurthynagar, was staying with her three sons after her husband, a landlord, died in 2009. Her family owned several sites in Tavarekere and other parts of the city, apart from a farm near Bethamangala in Kolar district.

Geetha, who had got into property disputes with her relatives, said she was introduced to the accused, Nagaraj C of Bangarapet, who claimed to possess powers to ward off evil spirits, by one of her farm labourers. “I was assured that all my problems would be solved. He came to my house and claimed he had been sent by god and would find solutions to all my problems,” she stated.

Nagaraj allegedly pretended to be possessed by spirits and directed her to give him gold bars. Geetha ended up giving three kgs of gold in the process. Later, he began directing her to sell a few properties stating these were the root cause of her problems. “I sold many properties and pledged a few residential sites. He took Rs 22.5 crore that came from selling properties, apart from Rs 5 crore cash from my husband’s savings,” she stated.

She said Nagaraj took the money from her on the promise of buying alternative properties. “When I demanded he return all my money, he threatened to kill me and my kids using evil spirits,” she alleged.

Police have registered a case of cheating, criminal conspiracy, criminal intimidation under various IPC sections and Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Bill, 2017, against Nagaraj and others.

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Ram Puniyani
March 14,2020

In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.

The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.

Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.

What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.

 Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”

From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.

In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.

The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.   

The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.

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