Lagatar24 Desk
Chennai, Feb 19: The Tamil Nadu government on Saturday moved an original suit to the Supreme Court challenging the constitutional validity of the National Eligibility cum Entrance Test (NEET), alleging the single-window examination for admissions to medical colleges across the country violates the principle of federalism, which is part of the fundamental structure of Constitution further claiming that it takes away the autonomy of states to make decisions regarding education.
In its petition filed under Article 131 of the Constitution, which allows the Supreme Court to pass judgment in disputes between the Centre and state/s, the Tamil Nadu government sought a statement from the court to hold Section 14 of the National Medical Commission Act, 2019 prescribing a common test for admission to undergraduate and post-graduate medical courses as ‘ultra vires’ the Constitution on multiple grounds.
“Introduction of NEET is violative of the federal structure, as it takes away the power of the states to admit students to government seats in medical colleges,” the state government said in its plea.
The plea alleged that NEET violates the right to equality under Article 14 of the Constitution as it ‘discriminates against students from rural areas and state boards’. The state said NEET is modelled on CBSE/NCERT syllabus, which puts rural students at a loss.
“Also, they (students from rural parts) lack economic resources to afford coaching classes which puts them at a greater disadvantage to access medical colleges in the state despite good scores in their state boards,” the state alleged.
Notably, Tamil Nadu has witnessed prevalent protests over the entrance exam, with protesters calling it discriminatory against those from rural backgrounds or state boards. The state government has attempted to exempt itself from the exam through an ordinance, and negotiations with the Union government but has not been able to achieve the desired outcome.
Though education is a subject on which states can legislate, “The introduction of NEET for admission to all medical colleges, irrespective of whether they are private or under the state or central government, is in violation of the federal structure and the autonomy of the states to make decisions regarding education,” the state government said in its plea, challenging the common entrance test.
Tamil Nadu is the foremost state to file a suit against the Centre on the issue of NEET. Expressing its concern for the student community, the state said it is constrained to approach the court as the continuance of the NEET exam has badly affected students, particularly from rural areas and students studying in state board-affiliated schools, adding that the examination pattern under NEET is substantially different from the syllabus set by the Tamil Nadu State Board of Education.
Before NEET, Tamil Nadu used to hold its own Common Entrance Test (CET) for admission to medical colleges in the state for filling the state seats. In 2006, the Tamil Nadu government enacted the Tamil Nadu Regulation of Admission in Professional Courses Act, which said that admission to such courses shall be based on marks obtained by the students in qualifying examinations held by the State Board for Class XII. The CET conducted by the state was based on the State Board syllabus.
