IndianMedical Council Act

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the NEET’= the Medical Council of India (hereinafter referred to as ‘the MCI’) should not be entrusted with a right to conduct National Eligibility-cum- Entrance Test (hereinafter referred to as ‘the NEET’) and whether introduction of the NEET would violate fundamental rights of the petitioners guaranteed under the provisions of Articles 19(1)(g), 25, 26, 29(1) and 30 of the Constitution of India.= whether the legal provisions which permit the aforestated apex bodies to conduct the NEET, so as to regulate admission of the students to medical institutes, are in accordance with legal and Constitutional provisions. The aforestated question has been rightly answered by this court in the case of Dr. Preeti Srivastava and Another vs. State of M.P. and Others (1999) 7 SCC 120 to the effect that norms of admission will have a direct impact on the standards of education. This court has observed that the standards of education in any institution or college would depend upon several factors and the caliber of the students to be admitted to the institutions would also be one of the relevant factors. Moreover, in view of entry 25 of List III of the Seventh Schedule to the Constitution, Union as well as the States have power to legislate on the subject of medical education, subject to the provisions of entry 66 of List I of the Seventh Schedule, which deals with determination of standards in institutions for higher education. In the circumstances, a State has the right to control education, including medical education, so long as the field is unoccupied by any Union legislation. By virtue of entry 66 in List I to the Seventh Schedule, the Union can make laws with respect to determination of standards in institutions for higher education. Similarly, subject to enactments, laws made with respect to the determination of standards in institutions for higher education under power given to the Union in entry 66 of List I of the Seventh Schedule, the State can also make laws relating to education, including technical education and medical education. In view of the above position clarified in the case of Dr. Preeti Srivastava (supra), the NEET can be conducted under the supervision of the MCI as per the regulations framed under the Act. As stated hereinabove, Section 33 of the Act enables the MCI to make regulations to carry out the purposes of the Act and therefore, conducting the NEET is perfectly legal. So far as the rights guaranteed under Article 19(1)(g) of the Constitution with regard to practising any profession or carrying on any occupation, a trade or business, are concerned, it is needless to say that the aforestated rights are not unfettered. – So far as the rights guaranteed to the petitioners under the provisions of Articles 25, 26, 29 and 30 are concerned, in my opinion, none of the rights guaranteed under the aforestated Articles would be violated by permitting the NEET. It is always open to the petitioners to select a student subject to his being qualified by passing the examination conducted by the highest professional body. This is to assure that the students who are to undergo the professional training are suitable for the same. Regulations relating to admission of the students i.e. admitting eligible, deserving and bright students would ultimately bring reputation to the educational institutes. I fail to understand as to why the petitioners are keen to admit undeserving or ineligible students when eligible and suitable students are available. I am sure that even a scrupulous religious person or an educational institution would not like to have physicians or dentists passing through its institution to be substandard so as to bring down reputation of the profession or the college in which such a substandard professional was educated. Minorities – be it religious or linguistic, can impart training to a student who is found worthy to be given education in the field of medicine or dentistry by the professional apex body. In my opinion, the Regulations and the NEET would not curtail or adversely affect any of the rights of such minorities as apprehended by the petitioners. On the contrary, standard quality of input would reasonably assure them of sterling quality of the final output of the physicians or dentists, who pass out through their educational institutions. The Government authorities or the professional bodies named hereinabove would not be creating any hindrance in the administrative affairs of the institutions. Implementation of the NEET would only give better students to such institutions and from and among such highly qualified and suitable students, the minority institutions will have a right to select the students of their choice. At this stage, the institutions would be in a position to use their discretion in the matter of selection of students. It would be open to them to give weightage to the religion, caste, etc of the student. The institutions would get rid of the work of conducting their separate examinations and that would be a great relief to them. Except some institutions having some oblique motive behind selecting students who could not prove their mettle at the common examination, all educational institutes should feel happy to get a suitable and eligible lot of students, without making any effort for selecting them. 23. For the reasons recorded hereinabove, in my opinion, it cannot be said that introduction of the NEET would either violate any of the fundamental or legal rights of the petitioners or even adversely affect the medical profession. In my opinion, introduction of the NEET would ensure more transparency and less hardship to the students eager to join the medical profession. Let us see the consequence, if the apex bodies of medical profession are not permitted to conduct the NEET. A student, who is good at studies and is keen to join the medical profession, will have to visit several different States to appear at different examinations held by different medical colleges or institutes so as to ensure that he gets admission somewhere. If he appears only in one examination conducted by a particular University in a particular State and if he fails there, he would not stand a chance to get medical education at any other place. The NEET will facilitate all students desirous of joining the medical profession because the students will have to appear only at one examination and on the basis of the result of the NEET, if he is found suitable, he would be in a position to get admission somewhere in the country and he can have the medical education if he is inclined to go to a different place. Incidentally, I may state here that learned senior counsel Mr. Gupta had informed the Court that some medical colleges, who are more in a profiteering business rather than in the noble work of imparting medical education, take huge amount by way of donation or capitation fees and give admission to undeserving or weak students under one pretext or the other. He had also given an instance to support the serious allegation made by him on the subject. If only one examination in the country is conducted and admissions are given on the basis of the result of the said examination, in my opinion, unscrupulous and money minded businessmen operating in the field of education would be constrained to stop their corrupt practices and it would help a lot, not only to the deserving students but also to the nation in bringing down the level of corruption. 24. For the aforestated reasons, I am of the view that the petitioners are not entitled to any of the reliefs prayed for in the petitions. The impugned notifications are not only legal in the eyes of law but are also a boon to the students aspiring to join medical profession. All the petitions are, therefore, dismissed with no order as to costs.

Reported in http://judis.nic.in/supremecourt/imgst.aspx?filename=40580 REPORTABLE   IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION T.C.(C) NO.98 OF 2012 CHRISTIAN MEDICAL COLLEGE VELLORE & ORS …Petitioners VERSUS UNION OF INDIA AND ORS. …Respondents WITH T.C.(C) NO.99/2012 T.C.(C) NO.101/2012 T.C.(C) NO.100/2012 T.C.(C) NO.102/2012 T.C.(C) NO.103/2012 W.P.(C) NO.480/2012 T.C.(C) NO.104/2012 T.C.(C) NO.105/2012 W.P.(C) NO.468/2012 W.P.(C) NO.467/2012 W.P.(C) NO.478/2012 T.C.(C) … Continue reading

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