CHENNAI: The state Cabinet chaired by Chief Minister Edappadi K Palaniswami on Monday gave its approval for providing 10 percent horizontal reservation in medical admissions to government school students who clear the NEET examination. An ordinance is likely to promulgated within a few days to give effect to this from the current academic year itself. A few days ago, Justice P Kalaiyarasan filed his report in this regard to the government.
On March 21, Chief Minister Edappadi K Palaniswami told the state assembly that the number of students from government schools joining medical courses has come down after the introduction of NEET and the state government was considering the enactment of a legislation to provide reservation for students who take the exam.
Students who have studied from Class 1 to Class 12 in government schools, schools run by municipal corporations and municipalities, schools run by Adi Dravida and Tribal Welfare Department, Kallar Reclamation Schools and Forest Department schools and pass the NEET examinations will get this reservation.
This decision comes in the backdrop of popular sentiment that the national level entrance exam favours those children who can afford costly private tutions and puts the government school students, who mostly hail from economically weaker sections, at a disadvantage.
The NEET examination was introduced by the central government from the year 2016-17 for medical courses and Tamil Nadu got exemption from this due to efforts of former Chief Minister J Jayalalithaa. The state government and the people of Tamil Nadu had been opposing the NEET strongly.
Will it stand the scrutiny of law?
Even as the intention was to help the disadvantaged students, the decision may not stand the legal scrutiny, said Justice K Chandru, a former judge of Madras High Court. He said that in order for a horizontal reservation to be passed, the government needs strong supporting data.
"On what grounds can the government ask for this reservation? All government schools are allowed to have English medium. So language cannot be a reason to ask for reservation," he said pointing that the State government may use the area of residence as a reason. "Let's say the government says that these schools are in rural areas. There are also small matriculation schools in rural areas," he said elaborating that the courts may not accept this reasoning.
Chandru said that then the government will have to reason for an Economic Weaker Section (EWS) quota. "This too does not qualify as a horizontal reservation because the State can at best make this appeal for the State government's 69 per cent reservation which can be contested by anyone in the country," he said.
Lack of level-playing ground
While welcoming the approval, Prince Gajendrababu, general secretary, State Platform for Common School System said that the only reasonable solution is to seek exemption from NEET. "From past experience, a government school student knows that the only way he or she can get a medical seat is by scoring exceptionally high scores. Because only those with wealth can afford private institutions and government school students can only aspire for a government seat," he said.
He added that as private school students can afford expensive training, government school students already lack a level playing field. "A government school student may get a very high score only with repeated attempts. And they do not have that luxury to wait a year and reattempt," he said.
The state assembly, on January 31, 2017, passed a bill against NEET and forwarded it to the central government. Meanwhile, a case was filed before the Supreme Court against NEET explaining how it would affect the students of Tamil Nadu hailing from rural areas and the case has been handled by senior lawyers.
The state assembly, on January 31, 2017, passed a bill against NEET and forwarded it to the Central government. Meanwhile, a case was filed before the Supreme Court against the NEET explaining how it would affect the students of Tamil Nadu hailing from rural areas and the case has been handled by senior lawyers.