Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Educational Institutions |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Dentists Act, 1948 (16 of 1948) Indian Medical Council Act, 1956 (102 of 1956) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 |
Case Type | Transferred Case |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Education/Educational Institutions – National Eligibility-cumEntrance 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 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) – PostGraduate Medical Education (Amendment) Regulation, 2010 (PartII) – Regulations on Graduate Medical Education (Amendment) 2017 – Maharashtra Unaided Private Professional Educational Institution (Regulation of Admissions & Fees) Act, 2015. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2020 INSC 374 |
Petitioner | CHRISTIAN MEDICAL COLLEGE VELLORE ASSOCIATION |
Respondent | UNION OF INDIA AND OTHERS |
SCR | [2020] 5 S.C.R. 516 |
Judgement Date | 2020-04-29 |
Case Number | 98 |
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