NEET panel affront to SC, beyond state’s legal powers, Centre tells HC

NEET panel affront to SC, beyond state’s legal powers, Centre tells HC

Sureshkumar.K@timesgroup.com

Chennai:09.07.2021

The Justice A K Rajan committee constituted by the Tamil Nadu government to study the impact of NEET on state students is an affront to the Supreme Court and an exercise in futility which is neither required nor valid, the Union government has told the Madras high court.

In its affidavit, filed in response to a writ petition filed by state BJP functionary K Nagarajan, the Centre said the executive power of the state, including the power to constitute a commission, is restricted to subjects within its legislative competence. “The field ‘medical education’ is regulated under the central legislation — the National Medical Commission Act, 2019. Nothing inconsistent or contrary thereto can stand legally. Therefore, the state cannot constitute a panel to study the impact of NEET on medical admissions,” the health ministry said.

Petitioner wants TN govt’s June order on NEET panel quashed

Countering the Tamil Nadu government’s contention that constituting such committee is a sovereign power of the state, the counter said, “as per the Commissions of Inquiry Act the state is the appropriate government only in respect of a commission appointed by it to make an inquiry into any matter relatable to any of the entries enumerated in the state list of the Constitution.”

This apart, the committee constituted is in contravention of various judgment of the Supreme Court approving NEET examination along with its various facets, it added.

“The reference made to the committee is not only a slight against the status and privilege of the Supreme Court but is also an exercise in futility as the law declared by the Supreme Court is binding on all functionaries,” the Centre has said.

Nagarajan has sought to quash an order issued by the Tamil Nadu government on June 10, constituting a committee headed by Justice A K Rajan to study the impact of the NEET.

Top political parties, including DMK, besides Dravidar Kazhagam, have filed separate petitions to implead themselves as parties to the proceedings. The first bench headed by Chief Justice Sanjib Banerjee is scheduled to hear the PIL on July 13.

Top political parties, including DMK, have filed separate petitions to implead themselves as parties to the proceedings