April 30, 2020

The Supreme Court held that the National Eligibility-cum-Entrance Test (NEET) is mandatory for admission to medical colleges run by religious and linguistic minority communities.

Key highlights of the judgement:

  • Admissions solely through NEET for graduate and postgraduate medical/dental courses does not violate any fundamental and religious rights of minorities. NEET would apply for both aided and unaided medical colleges run by minorities.

  • The rights available under Article 30 [right of minorities to administer their institutions] are not violated by provisions carved out in Section 10D of the MCI Act and the Dentists Act and Regulations framed by MCI/DCI.

  • The rights of trade, business and occupation or religious rights “do not come in the way of securing transparency and recognition of merits in admissions”.

  • The right to freedom of trade or business is not absolute. It is subject to “reasonable restriction in the interest of the students’ community to promote merit, recognition of excellence, and to curb the malpractices.

  • Regulating academics and imposing reasonable restrictions to ensure educational standards are in national and public interest.

  • NEET is intended to check several maladies which crept into medical education, to prevent capitation fee by admitting students which are lower in merit and to prevent exploitation, profiteering, and commercialisation of education.

  • A uniform entrance test qualifies the test of proportionality and is reasonable. 

Source : The Hindu