LexMEDICAL COLLEGE VELLORE ASSOCIATION versus UNION OF INDIA AND OTHERS
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A B C D E F G H 516 SUPREME COURT REPORTS [2020] 5 S.C.R. CHRISTIAN MEDICAL COLLEGE VELLORE ASSOCIATION v. UNION OF INDIA AND OTHERS (Transferred Case (Civil) No. 98 of 2012) APRIL 29, 2020 [ARUN MISHRA, VINEET SARAN AND M. R. SHAH, JJ.] Education/Educational Institutions – National Eligibility-cum- Entrance Test (NEET) if violates fundamental rights guaranteed u/Arts.19(1)(g), 25, 26, 29(1) & 30 – Notifications issued by Medical Council of India (MCI) and Dental Council of India (DCI) – NEET introduced for admission to MBBS course, Post- graduate course, BDS, MDS – Initially notifications were quashed – However, the said judgment was later recalled – During the pendency of petitions, s.10D, 1956 Act providing for uniform entrance examination for undergraduate and post-graduate level has come into force – s.10D, 1948 Act containing similar provisions w.r.t uniform entrance examination has also been inserted – Held: Notifications questioned and the amendment made to s.10D as introduced in the 1956 Act and regulations as amended by MCI and similar provisions inserted in 1948 Act & Regulations, cannot be said to be violating the rights of the unaided/aided minority to administer institutions u/Arts.19(1)(g) & 30 r/w Arts. 25, 26 & 29(1) by prescribing the uniform examination of NEET for admissions in the graduate and postgraduate professional courses of medical as well as dental science – Provisions of the Act and regulation cannot be said to be ultra vires the rights guaranteed u/Art. 30(1) r/w Arts. 19(1)(g), 14, 25, 26 & 29(1) – It is open to provide regulatory mechanism for admission for such courses as held in T.M.A. Pai Foundation – A decision has been taken to regulate admission in professional colleges on national basis to wipe out corruption and various evils from the system – There cannot be any exemption, otherwise, there would be no end to such claims and multiple examinations – Minority and private institutions have to admit students based on merit in the permissible category, based on NEET as per procedure prescribed under the Act and Regulations – Rights u/Art.19(1)(g) are not 516 [2020] 5 S.C.R. 516 A B C D E F G H 517 absolute and are subject to reasonable restriction in the interest of student’s community to promote merit, recognition of excellence, and to curb the malpractices – Uniform Entrance Test qualifies the test of proportionality and is reasonable – Constitution of India – Arts. 14, 19(1)(g), 19(6), 25, 26 & 29(1), 30, 46, 47, 51A(j) – Indian Medical Council Act, 1956 – s.10D – Regulation on Graduate Medical Education, 1997 – Dentists Act, 1948 – s.10D – Post Graduate Medical Education Regulations, 2000 – Regulations on Graduate Medical Education (Amendment) 2010 (Part II) – Post- Graduate Medical Education (Amendment) Regulation, 2010 (Part- II) – Regulations on Graduate Medical Education (Amendment) 2017 – Maharashtra Unaided Private Professional Educational Institution (Regulation of Admissions & Fees) Act, 2015. Disposing of the matters, the Court HELD: 1.1 The notifications, which are questioned in the matters and the amendment made to Section 10D as introduced in the Act of 1956 and regulations as amended by the MCI and similar provisions inserted in the Dentists Act & Regulations, cannot be said to be taking away the rights of the unaided minority institutions or private institutions of making admission in any manner as it is permissible to provide regulatory mechanism at the national level and the entrance test applies even to All India Institute of Medical Science (AIIMS) – the most reputed Institute of India. It is open to provide the regulatory mechanism for admission for such courses as held in T.M.A. Pai Foundation the qualification and conditions of eligibility in the interest of academic standards can be provided, and there could be regulatory measures for ensuring educational standards and maintaining excellence in the matter of professional institution. Thus, the decision in T.M.A. Pai Foundation rendered by 11-Judge Bench is juxtaposedto the submission raised on behalf of petitioners. In P.A. Inamdar, the Court laid down the triple test of a fair, transparent and non-exploitative mechanism and if the admission procedure adopted by private institution does not satisfy all or any of the triple tests, it held that the admission procedure can be taken over by the State substituting its process. This aspect was gauged in Modern Dental College and Research Centre in a broader per
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