CHRISTIAN MEDICAL COLLEGE VELLORE & ORS versus UNION OF INDIA AND ORS.

Citation: [2013] 7 S.C.R. 908 · Decided: 18-07-2013 · Supreme Court of India · Bench: ALTAMAS KABIR · Disposal: Case Allowed
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Judgment (excerpt)

[2013] 7 S C.R. 908 
A 
CHRISTIAN MEDICAL COLLEGE VELLORE & ORS 
B 
c 
V. 
UNION OF INDIA AND ORS. 
(T.C. (C) No. 98 of 2012 etc.) 
JULY 18, 2013. 
[ALTAMAS KABIR, CJI, ANIL R. DAVE AND 
VIKRAMAJIT SEN, JJ.] 
EDUCATION/EDUCATIONAL INSTITUTIONS: 
Medical and Dental education - Admission to MBBS, 
Post-Graduate Medical Courses, BOS and MOS courses -
National Eligibility-cum-Entrance Test (NEET) introduced by 
Notification No. 
MCl-31 (1)12010-MED/49068 dated 
D 21.12.2010 described as "Regulations on Graduate Medical 
Education (Amendment) 2010, (Part //)" amending 
Regulations on Graduate Medical Education 1997, 
Notification No. MCI. 18(1 )1201 O-MED/49070 dated 
21.12.2010 described as "Post-graduate Medical Education 
E (Amendment) Regulation, 2010 (Part//)" amending the Post-
Graduate Medical Education Regulations, 2000 and two 
similar Notifications both bearing No. DE-22-2012 and dated 
31.5.2012, as regards BOS and MOS courses - Held (per 
majority) (Anil R. Dave, J. dissenting): The Notifications and 
the 2010 (Amendment) Regulations whereby MCI introducing 
F the single National Eligibility-cum-Entrance Test and the 
corresponding amendments in the Dentists Act, 1948 are ultra 
vires the provisions of Arts. 19(1)(g), 25, 26(a), 29(1) and 30(1) 
of the Constitution, since they have the effect of denuding the 
States, State-run Universities and all medical colleges and 
G institutions, including those enjoying the protection of these 
constitutional provisions, from admitting students to their 
M.B.B.S., B.D.S. and Post-graduate courses, according to 
their own procedures, beliefs and dispensations, which is an 
H 
908 
CHRISTIAN MEDICAL COLLEGE VELLORE & ORS. v. 909 
UNION OF INDIA AND ORS. 
integral facet of the right to administer - MCI or DC/ has no 
A 
authority under the relevant Acts to take away the right of 
educational institutions to admit students - MCI is not 
empowered under 1956 Act to conduct NEET - Regulations 
cannot prevail over the constitutional guarantees under Arts. 
19(1)(g), 25, 26, 29(1) and 30 of the Constitution -- Further, 
B 
standard of education all over the country being not the same, 
and there being need of such doctors who may not be 
specialists, but are available as general physicians to treat 
the large number of people who live in the villages in difficult 
conditions, single entrance examination would not be apt --
C 
Impugned Notifications are quashed - This will not, however, 
invalidate actions so far taken under the amended 
Regulations, including the admissions already given on the 
basis of the NEET conducted by MCI, DC/ and other private 
medical institutions, and the same shall be valid for all 
purposes - Indian Medical Council Act, 1956 - s. 33 read with 
D 
ss. 19 and 20 - Dentists Act, 1948 - s. 20 - Constitution of 
India, Arts. 19(1)(g), 25, 26(a), 29(1) and 30(1) - Seventh 
Schedule, List /, Entry 66 - List Ill, Entry 25. 
CONSTITUTION OF /NOIA, 1950: 
E 
Arts. 19(1)(g), 25, 26 and 30 - National Eligibility-cum-
Entrance Test (NEET) for Medical and Dental courses - Held: 
(Per majority) (Ani/ R. Dave, J. dissenting): The course of 
action adopted by the MCI and the DC/ would not qualify as F 
a reasonable restriction, but would amount to interference with 
the rights guaranteed under Art. 19(1 )(g) and, more 
particularly, Art.30, which is not subject to any restriction 
similar to Art. 19(6) of the Constitution - Admissions to 
educational institutions have been held to be part and parcel G 
of their right to administer and the same cannot be regulated, 
except for the purpose of laying down standards for 
maintaining excellence of education being provided in such 
institutions. 
H 
910 
SUPREME COURT REPORTS 
(2013] 7 S.C.R. 
A 
IND/AN MEDICAL COUNCIL ACT, 1956: 
s.19-A(2) - Furnishing of copies of regulations and 
amendments by MCI to States - Held: (Per majority) (Anil R. 
Dave, J. dissenting): Submission of draft amended 
8 
Regulations to State Governments for their views is a pre-
condition and cannot be said to be directory, since MCI has 
to take into consideration the comments, if any, received from 
any State Government in respect thereof, before submitting 
the same to Central Government for sanction. 
C 
ADMINISTRATIVE LAW: 
Delegated Legislation/Subordinate legislation - MCI and 
DC/ introducing NEET by amending the relevant Regulations, 
for admission to medical and dental courses - Held:(Per 
0 
majority) (Anil R. Dave, J. dissenting): Free
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