Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1947 Industrial Disputes Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Industrial Disputes Act, 1947 (14 of 1947) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Education/Educational Institutions – National Eligibility-cum-Entrance Test (NEET) if violates fundamental rights guaranteedu/Arts.19(1)(g), 25, 26, 29(1) & 30 – Notifications issued by MedicalCouncil of India (MCI) and Dental Council of India (DCI) – NEETintroduced for admission to MBBS course, Post- graduate course,BDS, MDS – Initially notifications were quashed – However, thesaid judgment was later recalled – During the pendency of petitions,s.10D, 1956 Act providing for uniform entrance examination forundergraduate and post-graduate level has come into force – s.10D,1948 Act containing similar provisions w.r.t uniform entranceexamination has also been inserted – Held: Notifications questionedand the amendment made to s.10D as introduced in the 1956 Actand regulations as amended by MCI and similar provisions insertedin 1948 Act & Regulations, cannot be said to be violating the rightsof the unaided/aided minority to administer institutionsu/Arts.19(1)(g) & 30 r/w Arts. 25, 26 & 29(1) by prescribing theuniform examination of NEET for admissions in the graduate andpostgraduate professional courses of medical as well as dentalscience – Provisions of the Act and regulation cannot be said to beultra 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 foradmission for such courses as held in T.M.A. Pai Foundation – Adecision has been taken to regulate admission in professionalcolleges on national basis to wipe out corruption and various evilsfrom the system – There cannot be any exemption, otherwise, therewould be no end to such claims and multiple examinations – Minorityand private institutions have to admit students based on merit in thepermissible category, based on NEET as per procedure prescribedunder the Act and Regulations – Rights u/Art.19(1)(g) are not absolute and are subject to reasonable restriction in the interest ofstudent’s community to promote merit, recognition of excellence, andto curb the malpractices – Uniform Entrance Test qualifies the testof proportionality and is reasonable – Constitution of India – Arts.14, 19(1)(g), 19(6), 25, 26 & 29(1), 30, 46, 47, 51A(j) – IndianMedical Council Act, 1956 – s.10D – Regulation on GraduateMedical Education, 1997 – Dentists Act, 1948 – s.10D – PostGraduate Medical Education Regulations, 2000 – Regulations onGraduate 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 EducationalInstitution (Regulation of Admissions & Fees) Act, 2015. |
Judge | Honble Mr. Justice E.S. Venkataramiah |
Neutral Citation | 1987 INSC 288 |
Petitioner | Christian Medical College Hospital Employees` Union & Anr. |
Respondent | Christian Medical College Vellore Association & Ors. |
SCR | [1988] 1 S.C.R. 546 |
Judgement Date | 1987-10-20 |
Case Number | 8818 |
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