NEET bill unlikely to have smooth sailing
A Subramani
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Chennai:
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Long Way To Go After It Is Passed In Assembly
Emboldened by the presidential assent for its new jallikattu law in double quick time last week, the Tamil Nadu government has now tabled a bill to keep MBBSBDS seats under government quota off the National Eligibility cum Entrance Test (NEET).Unlike jallikattu which made its re-entry with an ordinance, the state's NEET Bill has to be first passed by the assembly , then go to the Centre where the ministries concerned must vet and forward it to the President with recommendations for assent. Until the entire exercise is gone through, it will not take effect.
With Marina Beach in Chennai and other prominent meeting areas across TN lying empty -unlike the week preceding the jallikattu ordinance when lakhs of youths came out to protest -the Tamil Nadu Admission to MBBS and BDS Courses Act, 2017 may not have a safe passage.
The new bill, which will most likely be unanimously passed in the state assembly on Wednesday , in spirit goes against the Indian Medical Council Act, 1956 under which NEET was introduced. Just as the jallikattu law, since medical education too falls in the concurrent list, Tamil Nadu's efforts would go in vain without the indulgence of the Union ministries concerned. The Centre, which first came out with the common entrance scheme, and then earned a negative order before the bench of then chief justice of India Justice Altamas Kabir, before it got overturned comprehensively last year by a member-judge of the same bench, is unlikely to part with any share of the success. There are rumours that Maharashtra and Andhra Pradesh too may follow Tamil Nadu and bring their own laws to sidestep NEET. There are indications that the Tamil Nadu government might promulgate an ordinance to keep its postgraduate medical courses also off NEET, this year.
Jurists are not amused by TN's decision to restrict the latest legislation only to MBBSBDS seats under government quota. “While NEET is for all MBBSBDSaspirants, in the wake of the SC judgment, why allocate 50% of available seats to managements? Why is the bill silent about deemed universities? Private universities have been left untouched,“ said Justice D Hariparanthaman, former Madras high court judge.
The states' lack of legis lative competence has already been discussed in the SC, and yet this piece of legislation might sail through, as there is collusion at the highest level, said a jurist. “This law seeks to insulate at least 50% of seats retained by managements of these colleges and universities from external disturbance. It amounts to vesting half the seats under private enterprise. This law regulates private business, not abolish it,“ he said.
The bill is also seen as a missed opportunity , as it does not clarify if NEET in TN's context will be a mere eligibility or mandatory requirement for a common rank list. Last year, due to the urgency and ambiguity surrounding the SC-imposed NEET regimen, TN was able to have government quota admissions without NEET and, at the same time, treat NEET as eligibility . Unlike some other states, TN never saw a common rank list for admissions to private colleges. This bill could have given the practice some sanctity by making it clear it will continue to be an eligibility , by relegating NEET to a secondary importance as compared to Class XII marks.
With Marina Beach in Chennai and other prominent meeting areas across TN lying empty -unlike the week preceding the jallikattu ordinance when lakhs of youths came out to protest -the Tamil Nadu Admission to MBBS and BDS Courses Act, 2017 may not have a safe passage.
The new bill, which will most likely be unanimously passed in the state assembly on Wednesday , in spirit goes against the Indian Medical Council Act, 1956 under which NEET was introduced. Just as the jallikattu law, since medical education too falls in the concurrent list, Tamil Nadu's efforts would go in vain without the indulgence of the Union ministries concerned. The Centre, which first came out with the common entrance scheme, and then earned a negative order before the bench of then chief justice of India Justice Altamas Kabir, before it got overturned comprehensively last year by a member-judge of the same bench, is unlikely to part with any share of the success. There are rumours that Maharashtra and Andhra Pradesh too may follow Tamil Nadu and bring their own laws to sidestep NEET. There are indications that the Tamil Nadu government might promulgate an ordinance to keep its postgraduate medical courses also off NEET, this year.
Jurists are not amused by TN's decision to restrict the latest legislation only to MBBSBDS seats under government quota. “While NEET is for all MBBSBDSaspirants, in the wake of the SC judgment, why allocate 50% of available seats to managements? Why is the bill silent about deemed universities? Private universities have been left untouched,“ said Justice D Hariparanthaman, former Madras high court judge.
The states' lack of legis lative competence has already been discussed in the SC, and yet this piece of legislation might sail through, as there is collusion at the highest level, said a jurist. “This law seeks to insulate at least 50% of seats retained by managements of these colleges and universities from external disturbance. It amounts to vesting half the seats under private enterprise. This law regulates private business, not abolish it,“ he said.
The bill is also seen as a missed opportunity , as it does not clarify if NEET in TN's context will be a mere eligibility or mandatory requirement for a common rank list. Last year, due to the urgency and ambiguity surrounding the SC-imposed NEET regimen, TN was able to have government quota admissions without NEET and, at the same time, treat NEET as eligibility . Unlike some other states, TN never saw a common rank list for admissions to private colleges. This bill could have given the practice some sanctity by making it clear it will continue to be an eligibility , by relegating NEET to a secondary importance as compared to Class XII marks.
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