Tamil Nadu Govt Files Suit In Supreme Court Challenging NEET; Says It Is Arbitrary & Violative Of Federalism

The State of Tamil Nadu has filed an original suit in the Supreme Court under Article 131 of the Constitution of India against the Union of India challenging the provisions of law which prescribe National Eligibility cum Entrance Examination (NEET) as the condition for medical admissions.

The Sate seeks a declaration that provisions prescribing NEET as the criterion for admission to medical and allied courses are "ultra vires the provisions of the Constitution of India, violative of the basic structure of the Constitution, and are manifestly arbitrary being violative of Article 14".

In this context, it is pertinent to note that the Supreme Court had in 2020 upheld the validity of NEET in the case Christian Medical College, Vellore vs Union of India'. Tamil Nadu argues that NEET was upheld on the ground that it was required to curb the evil of unfair practises – granting admission based on paying capacity of candidates, charging capitation fee, large-scale malpractices, exploitation of students, profiteering, and commercialisation. However, such grounds are not applicable in the case of admissions to Government seats and the reasoning of the judgment is applicable only to private college seats. Therefore, it is argued that the judgment does not bind the State in so far as admissions to government seats are concerned.

NEET violates federal structure

It further argues that introduction of NEET is violative of the federal structure, as it takes away the power of the States to admit students to Government Seats in medical colleges.

Since the NEET is based on the CBSE syllabus, it is indirectly compelling the schools and students in the State of Tamil Nadu to opt for CBSE/ NCERT board which is violative of the federal structure.

It is further contended that NEET has adversely affected the students of Tamil Nadu. Students from rural areas and from the State Board schools are particularly disadvantaged in the exam. Hence, NEET is challenged as arbitrary and discriminatory.

The suit seeks a decree declaring that Sections 14 of the National Medical Commission Act, 2019, the National Commission for Indian System of Medicine Act, 2020 and the National Commission of Homeopathy Act, 2020, Regulations 9 and 9A of the Post-Graduate Medical Education Regulations, 2000,Regulations I(2), I(5) and II of the BDS Course Regulations, 2007 respectively are violative of Article 14 of the Constitution of India, violates federalism and therefore void.

The plaint has been drafted by Advocate Devyani Gupta, filed by Advocate-on-Record Sabarish Subramanian, and settled by Senior Advocates Abhishek Manu Singhvi, N.R. Elango, and Additional Advocate-General for Tamil Nadu Amit Anand Tiwari.

It may be recalled that the Tamil Nadu assembly had passed a bill in 2021 exempting government medical colleges from NEET. However, the bill has not come into effect as the Governor forwarded it seeking President's assent, which has not been granted till date.