#NEET; States can't conduct their own exams; Candidates who appeared in NEET-1 can also appear in NEET-II by giving up NEET-1; SC [Read Order]

Special provisions for reservation of any category are not subject matter of the NEET nor rights of minority are in any manner affected by NEET, said the Bench.

The constitution Bench of the Supreme Court of India Today has clarified that the State Governments cannot conduct state level entrance examinations for the admission to Medical Colleges. The Court also held that the students who have either applied for NEET-I but could not appear or who appeared but could not prepare well, can appear for NEET-II.

The Bench headed by Justice Anil R Dave held that there is no infirmity in the NEET regulation on the ground that it affects the rights of the States or the private institutions. Special provisions for reservation of any category are not subject matter of the NEET nor are rights of minority in any manner affected by NEET. NEET only provides for conducting entrance test for eligibility for admission to the MBBS/BDS course. The Court held that there is no merit in the applications seeking modification of order dated 28th April, 2016.

From the Order;

“Only other contention relates to perceived hardship to the students who have either applied for NEET-I but could not appear or who appeared but could not prepare fully thinking that the preparation was to be only for 15% All India seats and there will be further opportunity to appear in other examinations. To allay any such apprehension, we direct that 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. It would be open to the respondents to reschedule the date of holding NEET-II, if necessary. To this extent the earlier orders stand modified. We may also add here that to ensure total credibility of the examination to be held by the CBSE, the Oversight Committee appointed by this Court vide the aforesaid judgment dated 2nd May, 2016 shall also oversee the NEET-II examination to be conducted by the CBSE. In view of the above, it is also clarified that only NEET would enable students to get admission to MBBS or BDS studies. In view of the above order, all the applications and writ petitions seeking modification of order passed on 11 April, 2016, stand disposed of.”

On Central Government's power to legislate.

First, the adoption of setting up of minimum standards of education and coordination of such standards which aspect was covered exclusively by Entry 66 of List I. The second aspect is with regard to implementation of the said standards which was covered by Entry 25 of List III. On the said aspect, the State could also legislate. The two entries overlap to some extent and to that extent Entry 66 of List I prevailed over the subject covered by Entry 25.

Read the order here.