Students Of Open Schools Recognized By CBSE & State Boards Eligible For NEET Exam : Supreme Court

As a result, candidates who have passed 10+2 from open schools will be eligible to appear for such examination. It may be noted that proviso to Regulation 4(2)(a) of the Medical Council of India Regulations on Graduate Medical Education, 1997, barred such candidates from appearing in the exams.

In 2018, the Delhi High Court had struck down this proviso by defining it as unconstitutional. Therein, the Bench of Justices Sanjiv Khanna and Chander Shekhar opined that the medical council had proceeded the assumption that the students/candidates who do not attend regular schools, because of financial hardship and social reasons, are inferior and less deserving and turn downs. Such presumptions must be resoundingly rejected as contrary to the constitutional ethos and would clearly violate both Article 14 and right to opportunity to acquire professional degree., the Bench stated in its order.

Aggrieved by this decision, the medical council had filed the present appeal.

The matter was placed before the Bench comprising Justices PS Narasimha and Aravind Kumar. When the matter was taken up on , the counsel for the respondent informed the Division of the letter dated 02.11.2023 addressed by the Under Graduate Medical Education Board of the NMC. The letter conveyed that “that all open schools recognized by Central Board of Secondary Education (CBSE) and State Education Board shall be considered for recognition by National Medical Commission (NMC) for the purpose of NEET.”

Apart from this, a public notice issued by the board on the same date was also brought to the Court's attention. As per it, the National Medical Commission has framed the Graduate Medical Education Regulations, 2023. The same were notified on 02.06.2023.

Imperatively, Regulation 11(b) states that if a candidate have passed 10+2 with the required subjects then the same shall be eligible for appearing in NEET-UG. In view of this, the earlier 1997 regulations were repealed prospectively.

"In the meanwhile, the National Medical Commission has framed the Graduate Medical Education Regulations, 2023 as notified on 02.06.2023. Regulation 11(b) provides that candidates who have passed 10+2 or its equivalent with the subjects of Physics, Chemistry, Biology/Biotechnology & English shall be eligible for appearing in NEET-UG. Therefore, after the framing of Graduate Medical Education Regulation, 2023 the earlier Regulations on Graduate Medical Education, 1997 including the various amendments stand repealed prospectively.,” the public notice stated.

Given these developments, the Court disposed of the appeal.

"In view of the above referred letter and Public Notice, it is clear that open schools recognized by CBSE and State Education Boards shall be recognized by the National Medical Council for the purpose of taking the NEET Examination," the Court recorded in the order.

Case Title: MEDICAL COUNCIL OF INDIA vs. ANSHUL AGGARWAL., Diary No.- 26810 – 2018

Citation : 2024 LiveLaw (SC) 189

Click here to read/ download the order