'NEET' - Unconstitutional
The Modern Rationalist|November 2020
Two Notifications were issued; one in December 2010 and another in 2012, by the Medical Council of India (MCI) and the Dental Council of India (DCI), whereby NEET (National Eligibility cum Entrance Test) was made mandatory for admission to all medical courses.
Dr. Justice A.K.Rajan, L.L D Formerly Judge of Madras High Court
'NEET' - Unconstitutional

Those Notifications were challenged by the Vellore Christian Medical College. In that case, the Supreme Court by a 3 Judges Bench in July 2013, by majority of 2-1[CJI and Justice Vikramjith Singh] held that MCI and DCI have no powers to regulate the admission of students to Medical Colleges. In that case Justice Anil R Dave gave the dissenting judgment.

The majority judgment also held that the Tamil Nadu Act and the Andhra Pradesh Act will remain unaffected by the Notifications issued by MCI and DCI. Those Regulations cannot prevail over the constitutional guarantees. The court held thus “In the light of the views expressed in the various decisions cited, we have no hesitation in holding that the regulations are ultra vires of the Constitution, since they have the effect of denuding the States, State-run Universities”, and contrary to the decision in T.M.A. Pai Foundation case”.

Thus, Supreme Court held that the Regulations, as notified, were not legal.

Review petitions and the Recall order:

Against that order, review petitions were filed by MCI. By 2016, the two judges, who gave the majority judgment in the CMC case, had retired due to superannuation. When Justice Anil R. Dave, who gave the dissenting view, was heading a Five Judges Bench, the Review petitions were transferred to that bench. The Five Judge Bench passed the following order, on 11th April 2016.

“After giving our thoughtful and due consideration, we are of the view that the judgment delivered in Christian Medical College ... needs reconsideration. We do not propose to give reasons in detail at this stage as to see that it may not prejudicially affect the hearing of the matters”.

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