Legislation to do away with NEET may not have legal sanctity

Legislation to do away with NEET may not have legal sanctity

Julie.Mariappan@timesgroup.com

Chennai:3.09.2021

The TN government’s decision to pass a legislation to do away with National Eligibility-cum-Entrance Test (NEET) and to provide for medical admissions based on marks obtained in the qualifying examination is based on suggestions from a committee led by chief secretary V Irai Anbu.

The legal validity of such legislation, however, is questionable given that the Supreme court had upheld the constitutional validity of uniform entrance examination both at the UG and PG level. It also requires the President’s assent.

A government policy note tabled in the assembly on Thursday said an official committee of secretaries led by the chief secretary was constituted to suggest appropriate measures to implement recommendations of a committee led by retired judge Justice A K Rajan on NEET. The Rajan committee submitted its report on July14.

The government said this would ensure social justice and protect all vulnerable student communities from being discriminated against in admission to medical education.

It is learned the CS-led committee comprising secretaries of health, school, higher education and law suggested the legal route after the Rajan committee reported the challenges faced by the rural students, those of whom studied in government schools, in Tamil medium of instruction. The Rajan committee found a sharp contrast in medical admission of rural and urban students besides repeaters gaining huge access to medical courses than first time applicants. “The fresh bill will be introduced either on Monday or Tuesday. The students will have to appear for NEET on September11 this year,” said a source.

As for the legal validity of the proposed bill, senior advocate K M Vijayan said, “As long as higher education is concerned, in the matters relating to determination of standards of higher education, the powers are vested with the Union government. The states cannot pass a law under Entry 25 of List III, subject to certain entries in List I. These areas are exclusive domains of Parliament.”

There were heated exchanges between the treasury and opposition over the conduct of NEET during the debate on demand for grants for the health and family welfare department in the assembly. While the UPA government introduced NEET, former chief M Karunanidhi strongly opposed it. The examination took place only when the AIADMK was in power, health minister Ma Subramanian said. He was reacting to AIADMK (Pappireddipatti) MLA A Govindasamy, who wondered whether the DMK regime was unwilling to give credit to EPS for 7.5% NEET quota for government school students given that the policy note cited only the recommendation of the commission led by retired judge Justice P Kalaiyarasan.

(With inputs from J Shanmugasundaram)

The legal validity of such legislation, is questionable given the SC had upheld the constitutional validity of uniform entrance exam both at UG and PG level